redemption query - does within 60 days include day 60 or just up to 59?

chuckley

they responded to the email with 30 mins statin it needed to be received on the 59th day.

their website says they accept emailed ones, saves the printing n postage.

Guys_Dad

Keep that email as it is clearly against the Condition 23 guidelines.

Make sure in your LBA you copy the correct extract from the link Silk gave pointing out their error. That will help when it comes to court.

Silk

chuckley wrote: »

they responded to the email with 30 mins statin it needed to be received on the 59th day.

their website says they accept emailed ones, saves the printing n postage.

Its funny how they respond to emails when they think they have the high ground :rotfl::rotfl::rotfl:
What network are you with by the way ???

chuckley

i was surprised at how fast they responded! Its with o2.

major thanks Guys Dad

bigturnip

Guys_Dad wrote: »

Keep that email as it is clearly against the Condition 23 guidelines.

Has anyone ever tested these guidelines in court?

Logically I would think the date of the bill is day 0 and Day 60 was 60 days after that date, to be within 60 days it would have to be received before day 60 has started, otherwise it will be 60 days and so many hours. But that is just my interpretation.

Silk

chuckley wrote: »

i was surprised at how fast they responded! Its with o2.

major thanks Guys Dad

Pity :rotfl:
It was just somewhere in my files I had a pdf from "3" which was sent advising retailers that anyone found not abiding by the guidlines set out would lose their support and dealership etc.

terryya

I've looked through the condition 23 guidelines 2 or three times today and have just spent another 30 minutes looking but can't see the bit that relates to this query. Can anyone help me out with this?

Quentin

They ask for the claim to reach them within 60 days, and can't get away with saying "we really mean 59"!

See "The Unfair Terms in Consumer Contracts Regulations 1999"

Section 7 (2):

http://www.opsi.gov.uk/si/si1999/19992083.htm

Guys_Dad

terryya wrote: »

I've looked through the condition 23 guidelines 2 or three times today and have just spent another 30 minutes looking but can't see the bit that relates to this query. Can anyone help me out with this?

From the link on Silk's earlier post http://stakeholders.ofcom.org.uk/binaries/consultations/mobmisselling/statement/statement.pdf

A23.34 Ofcom considers unduly restrictive terms and conditions in respect of sales incentives to typically include:
• a requirement that the customer submits an original bill – a copy of a bill
should be acceptable proof;
• a charge for processing a claim in relation to the offer;
• a requirement that such claims are submitted within a period less than 60
days from the date the claim arises;

Now, when I was at school, 59 was less than 60.

Just quote them the Ofcom guidelines, refer to that paragraph in the LBA.

Any court will give that enormous weight, particularly when the idiots have sent you an email saying that they are working on a 59 day period that is in direct contravention of Ofcom's guidelines.

But always be businesslike and polite (No "twonks", Chuckley !!!;)

Silk

Guys_Dad wrote: »

Now, when I was at school, 59 was less than 60.

It was at my school too !

It seems that maths may be one of the many technical difficulties they are having at the moment :rotfl::rotfl::rotfl: