Phones2UDirect

flyer

They have rejected my cashback because I sent a photocopied invoice instead of the original.
Two things. Firstly, over the last few years I have done probably 15 cashbacks for the family and have NEVER specifically been asked for the original. Secondly, does it really matter whether I sent the original or a photocopy? Either way, I've had the phone and paid the bills. Finally, I wonder how this would stand up legally? I e mailed them a week ago and haven't had a response.

thefirs

You need to consult their T&Cs to determine whether this forms part of your contract. If it says an original, then that's what you must deliver, and you have not fulfilled your side of it.

There would be good reasons why a reseller would wish to see an original, and I'm surprised that not more of them do so - it's all too easy to doctor a bill older than the one you're meant to send using desktop publishing. This would of course be an offence under the Forgery and Counterfeiting Act, punishable by severe penalties.

On the other hand, there must be other ways that a reseller can ascertain that a contract continues - I'm sure that the network will be quick enough to tell them that the contractee has defaulted, as they'd just stop paying their commission.

And I have a sneeking suspicion that a court would set aside the requirement that the bill must arrive within a certain time window. Should they say in the small print that it must be delivered by the buyer in person who should then proceed to sing the Austrian national anthem whilst wearing a tarzan outfit, this would plainly be being difficult for the sake of it, and designed to frustrate the fulfillment of contract; the court would surely strike this condition out.

I'd be interested to hear if there has been any court case where the reseller has been defeated in court on these grounds, or has even capitulated when delivered a small claim form?