mobiles.co.uk messed up O2 upgrade & 7 mths later won't pay cashback

chrisbell_2

I hope someone can help, and I hope this makes sense: In January this year I arranged an O2 upgrade with mobiles.co.uk which included 15 months cashback on a 24 month contract (over £450). They sent the new phone straight away but there was a problem with the upgrade and it took a month for O2 to set up the account, when they did it was a new account rather than an upgrade, when I first spoke to them they initially said they couldn't turn it into an upgrade but eventually I spoke to someone who arranged to close my old account and move my old number to the new account.

Mobiles.co.uk were told about this at the time. Six months later I put in my first cashback claim and get told that as I arranged the contract (which I didn't) they have "no contractual ties" to the account, will not pay any cashback, and on top of that they want the phone back, whilst leaving me tied into a 2 year contract with O2:mad:.

By my reckoning this would leave me over £550 out of pocket once I've bought a new phone!

I am not happy, as far as I can see I have complied with all of my contractual obligations to both O2 and mobiles.co.uk. I did not not make contact with O2 until after mobiles.co.uk had set up the account so can't see why O2 shouldn't pay them their commission or why I should be treated so shabbily, I also don't understand why mobiles.co.uk wait until I can no longer cancel my new contract to tell me that there is a problem.

Is my only option to take legal action?

Thanks for any help or advice anyone can give.

chrisbell_2

Hi, any suggestions please?

Silk

I don't understand a couple of things here ...why was there a problem with the upgrade ?

If it was a new account why didn't you get a phone from O2 or is it sim only ?

Who told mobiles.co.uk about it was it you or O2 and do you have any proof

chrisbell_2

Hi

Thanks for the reply

why was there a problem with the upgrade ?

Not exactly sure, something to do with mobiles.co.uk's systems not working. I was told that they had a problem with upgrade applications which they seemed unable to resolve, after about 4 weeks I received a letter from O2 with details of the new account.

If it was a new account why didn't you get a phone from O2 or is it sim only ?

The new phone came from mobiles.co.uk as part of the upgrade deal.

Who told mobiles.co.uk about it was it you or O2 and do you have any proof

I told them that O2 had eventually opened a new account and have copies of all emails.

Checked with O2 today via their chat service and they said this was opened as a new account.

Silk

chrisbell wrote: »

Not exactly sure, something to do with mobiles.co.uk's systems not working. I was told that they had a problem with upgrade applications which they seemed unable to resolve, after about 4 weeks I received a letter from O2 with details of the new account.

Ok,
Do you have an email from mobiles.co.uk saying that their system was giving problems etc ?

Did you retain your number on the contract or did you get a new number ?

Guys_Dad

chrisbell wrote: »

Hi

Thanks for the reply.......................
Checked with O2 today via their chat service and they said this was opened as a new account.

Go back on chat and ask them whether the new account was opened up as coming through mobiles.co.uk. Being a new account on its own does not negate any deal you had with mobiles.co.uk.

If they say "No" it wasn't through mobiles.co.uk, then just who was the new contract opened by and what proof do they have of any new contract. Clearly O2 have not provided a handset and, therefore, what contract from their repertoire have they actually opened with you? Sim-free? If so, they will be overcharging you.

It is a mess, but you need to ascertain just who the contract was placed by.

chrisbell_2

Thanks Silk

Do you have an email from mobiles.co.uk saying that their system was giving problems etc ?

I do


Did you retain your number on the contract or did you get a new number ?

The new contract had a new number and I had to port my old number across to it and close my previous account.

Hi Guys Dad: they said it came through a 'shop', but couldn't say which one, what mobiles.co.uk say that it was connected directly via O2 which it wasn't.

Silk

Hi Chris,
Well if thats the case and you have email confirmation that their system was playing up I would put the ball back in their court and refer them to the emails.

The big problem with mobiles.co.uk is that anything other than selling you a phone is beyond them.
I would email them with an ultimatum, refer them to the emails and explain the contract was taken out with them and because of a fault on their system the fine details had to be sorted out by O2 and insist that they pay the outstanding cashback within 14 days otherwise you will issue proceedings without further notice.

You could then use MCOL and claim for the full contract price.

grumbler

• You have the paperwork from mobiles.co.uk.
• You have the bills with the original number and proofs that you ported the number and informed mobiles.co.uk about this.
• You can proof that you submitted the claim correctly.

Correct? If so, everything else is their problem, not yours.

If they refuse to pay, just sue them as usually. LBA etc. This is the only language they understand.

Have I missed something important?

chrisbell_2

Thanks Silk, I think that's what I'll have to do.

What would be the argument for claiming the full contract price rather than just the outstanding cashback?

Silk

chrisbell wrote: »

Thanks Silk, I think that's what I'll have to do.

What would be the argument for claiming the full contract price rather than just the outstanding cashback?

Hi Chris,
Because you don't wish to be in the position in another 6 months and have to sue again and they are denying liability for total claim rather than just 6 months