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

Silk

chrisbell wrote: »

Thanks

They claim that the account was opened by O2 and that they didn't receive any commission as a result. Do I need to prove that they did receive a commission or do I simply need to demonstrate that I have a contract with them and have fulfilled my obligations?

Hi Chris,
Whether they did or didn't get commision is not your concern ... it isn't your fault that their system was at fault nor that O2 had to sort it out for them later.
All you have to do is demonstrate that the contract in whatever form was initialised through them and that you have kept to your end of the agreement

Buzby

Some clarifications, as it isn't as straigtforward as some appear to think. The price that most dealers give is for a NEW CONNECTION, not an updated phone. They would be talking about 'upgrading your phone', there would be no mention of changing your contract, as they have no connection with the original agreement, they only generate new leads. This is why the discounts are higher, and the ability to offer the much laughed at 'cashback'.

This is a long-standing marketing ploy, and requires as part of the game, for the purchaser to meed a number of hurdles. Meet each one, and the cashback pays up - miss one, and it collapses like a house of cards. They factor in around 75% will either not collect or be discouraged/invalidated along the way.

Since you have to agree to the terms as part of the cashback promotion, a failure on behalf of the customer (real or imagined) stops the payment, and they'll have the reason for invalidation, making a court pursuit a risky outcome, as - if they defend and you lose, you pay their costs. This IS capped, but at around £100 it means you're paying around £180 for a gamble that could go sour.

This business model (cashbacks) follow well-trodden paths, either the firm takes the money and runs, with no cashback and nothing to sue as they'll have folded, or a firm that is very much trading but fully aware of the pitfalls the consumer will hit.

This is not to say action should be abandoned, but you need to think very carefully of the risks should it not go your way, but most learn and move on, realising that 'cashback' is an aspiration at best, and easily disappears into the clouds. Since the network (O2) is not a party to the scheme, they will be sympatheric, but not much else.

Quentin

Buzby wrote: »

This is not to say action should be abandoned, but you need to think very carefully of the risks should it not go your way, but most learn and move on, realising that 'cashback' is an aspiration at best, and easily disappears into the clouds. Since the network (O2) is not a party to the scheme, they will be sympatheric, but not much else.

If the customer has kept to their side of the (cashback) contract then the only reason why the cashback should "disappear into the clouds" is if the merchant goes bust!

Ignore this scaremongering if you have kept to the "rules" - many, many have successfully sued and won (usually without getting as far as a hearing) - especially against CPW companies.

grumbler

@Buzby
Your post is not even close to any "clarifications". Quite the opposite.

What "update" are you talking about? It was an upgrade as the OP clearly stated and they do pay cashback on upgrades.

And I don't see how "imagined" failure can be a reason for "invalidation". This is nonsense.

The "ploy" and "takes the money and runs" have nothing to do with this case.

Guys_Dad

Buzby wrote: »

Some clarifications, as it isn't as straigtforward as some appear to think. The price that most dealers give is for a NEW CONNECTION, not an updated phone. They would be talking about 'upgrading your phone', there would be no mention of changing your contract, as they have no connection with the original agreement, they only generate new leads. This is why the discounts are higher, and the ability to offer the much laughed at 'cashback'.

This is a long-standing marketing ploy, and requires as part of the game, for the purchaser to meed a number of hurdles. Meet each one, and the cashback pays up - miss one, and it collapses like a house of cards. They factor in around 75% will either not collect or be discouraged/invalidated along the way.

Since you have to agree to the terms as part of the cashback promotion, a failure on behalf of the customer (real or imagined) stops the payment, and they'll have the reason for invalidation, making a court pursuit a risky outcome, as - if they defend and you lose, you pay their costs. This IS capped, but at around £100 it means you're paying around £180 for a gamble that could go sour.

This business model (cashbacks) follow well-trodden paths, either the firm takes the money and runs, with no cashback and nothing to sue as they'll have folded, or a firm that is very much trading but fully aware of the pitfalls the consumer will hit.

This is not to say action should be abandoned, but you need to think very carefully of the risks should it not go your way, but most learn and move on, realising that 'cashback' is an aspiration at best, and easily disappears into the clouds. Since the network (O2) is not a party to the scheme, they will be sympatheric, but not much else.

And the demand to return the handset ?????????????????? Don't forget that.

That would imply that the contract was in place and the fact that they didn't ask for it back until the first claim would imply that all was well, would it not?

OneADay

Guys_Dad wrote: »

And the demand to return the handset ?????????????????? Don't forget that.

That would imply that the contract was in place and the fact that they didn't ask for it back until the first claim would imply that all was well, would it not?

Or the OP got two phones -considered that?

Silk

OneADay wrote: »

Or the OP got two phones -considered that?

Why would the OP have to think he might be forced to buy a phone if he had got two ????
Are you saying the OP is lying and he got one from O2 :eek:

OneADay

Silk wrote: »

Why would the OP have to think he might be forced to buy a phone if he had got two ????
Are you saying the OP is lying and he got one from O2 :eek:

Maybe the OP is lying or the OP is not lying, I do not trust anyone till I know both sides of the story!

I am posing a scenario on the basis of what the OP has said !

If O2 have no recollection of which retailer/shop made the upgrade, how did they manage to get the instuction to upgrade in the first place?

And what was happening in the 4 week period when the OP would presumbaly have been stuck with a new number and not their own number?

Guys_Dad

OneADay wrote: »

Maybe the OP is lying or the OP is not lying, I do not trust anyone till I know both sides of the story!

I am posing a scenario on the basis of what the OP has said !

If O2 have no recollection of which retailer/shop made the upgrade, how did they manage to get the instuction to upgrade in the first place?

And what was happening in the 4 week period when the OP would presumbaly have been stuck with a new number and not their own number?

A bit too conspiracy theory for me. How would O2 have known what handset mobiles.co.uk supplied OP? Or did they just send one on spec?

I think that you should take OP's post at face value and get back to the original questions "Is my only option to take legal action? Thanks for any help or advice anyone can give."

And as for O2 not knowing who placed the order - OP only said that the person they contacted didn't have that information, which is quite possible.

Silk

OneADay wrote: »

Maybe the OP is lying or the OP is not lying, I do not trust anyone till I know both sides of the story!

I am posing a scenario on the basis of what the OP has said !

If O2 have no recollection of which retailer/shop made the upgrade, how did they manage to get the instuction to upgrade in the first place?

And what was happening in the 4 week period when the OP would presumbaly have been stuck with a new number and not their own number?

Oh of course I forgot ...your beloved mobiles.co.uk ....you would rather believe anything other than they mess up ...even to the extent of accusing someone of lying :rotfl::rotfl::rotfl:

The OP took out a deal with Mobiles.co.uk ...they messed up they admit it was a fault on the system ...they didn't get paid and they want to renege on the deal ...simple