CPW cashback, moving the goalposts (surprise surprise!)

p1an0player

In August 2006, I took out a 12 month O2 deal through CPW.

The documentation made it clear that I was entitled to claim a total of £140 cashback. £70 cashback from my 4th bill, and £70 cashback from my 8th bill. I noticed at the time that all their deals with a total cashback of <£150 would be paid in two instalments.

In Dec 2006, I submitted my first claim, ie 4th bill, and have now received a cheque for only £46.66. I notice now from their website that my deal is shown as actually being three instalments of £46.66.

Therefore I will now need to send in the 12th bill as well (meaning I won't now be able to downgrade after 8 months).

Has anyone else experienced this? Is it worth trying to get the missing £23.34, by email or through moneyclaim.gov.uk? Or should I just be thankful I've got some cash back?!

johnydeath

Have you actually spoken to them rather than think about investigating heavy handed tactics such as through moneyclaim?

If you have the original documentation (webpage or paper) stating that the cashback was payable in 2 installments then CPW should honour the original terms. One of my cashbacks was similar - the terms changed 2 months after I bought the deal to do exactly as you were going to do - downgrade early. They honoured the original terms.

Maybe someone else has the original terms and they can send you a copy.

Speak to them in the first place, I have had good experiences with E2Save, CPW, TheLink and Phones2Udirect, sometimes after a heart palpitation moment of panic and concern - I've not paid for a contract or a phone in 5 years.

Good luck - be polite and I hope you get good results. Remember they get 100s of calls a day, make sure yours is a nice one.

Anon

If you have a copy of the T&Cs from when you took out the deal (hard or electronic copy) then I would contact them and ask them to honour the deal - 2 payments. You have an opening to customer services by questioning why you have only received £46.66 when you were expecting £70 according to the advertised terms of your offer (you could act as though you don't know they have changed the details if that would help). If they say it has changed, you could also point out that you have not been notified of any change to your original T&Cs and therefore would expect them to honour their advertised deal.

There seems to be an increasing number of mobile retailers changing the T&Cs after people have signed up - I had a deal from Mobileshop that clearly said payment would be made 45 days after the expiring of the cashback voucher - they changed it to 60 days after changing the T&Cs for new customers. I know it is only another 15 days but it is still another 15 days waiting for the money.

It seems there is one rule for retailers, who in many cases make you jump through hoops (and then sometimes move or change the hoops), and another for customers.

Anon

p1an0player

johnydeath wrote:

Have you actually spoken to them rather than think about investigating heavy handed tactics such as through moneyclaim?

Not yet! I wouldn't jump straight to moneyclaim but on the other hand I don't want to waste a lot of time with phone and email to them if they would just fob me off (which, judging by other people's experiences, they might well do).

johnydeath wrote:

If you have the original documentation (webpage or paper) stating that the cashback was payable in 2 installments then CPW should honour the original terms. One of my cashbacks was similar - the terms changed 2 months after I bought the deal to do exactly as you were going to do - downgrade early. They honoured the original terms.

Yes I've got the original documentation, both relating to my contract and all available deals, both showing cashback would be paid in two instalments.

johnydeath wrote:

Speak to them in the first place, I have had good experiences with E2Save, CPW, TheLink and Phones2Udirect, sometimes after a heart palpitation moment of panic and concern - I've not paid for a contract or a phone in 5 years. Good luck - be polite and I hope you get good results. Remember they get 100s of calls a day, make sure yours is a nice one.

Thanks, I'll give it a go.

p1an0player

An update:

I spoke to CPW, it was not difficult to get through to someone actually.

Apparently the offer I had was a web offer, even though I bought the phone in a CPW shop. The conditions of the web offer are 3 times £46.66 not 2 times £70.

The person I spoke to said he was aware of this issue, and it had caused some internal dispute between the web team and, erm, the non-web team? He believed me that my contract showed £140 in two instalments.

He said there is nothing they can do, I will need to claim the 3rd instalment after the 12th bill.

In conclusion, I'm a little annoyed that they've effectively changed the terms of the contract; but I probably won't bother with small claims. I'm pleased that the person I spoke to was honest and well-informed about it.

p1an0player

The T&Cs of my contract say in one place that I must not move to a lower tariff in the first six months.

Then in another place it says that if I move onto a lower tariff during the minimum period (12 months) I have to return the phone or reimburse them the cost of the phone. Is this normal?

And how does it work if I downgrade tariff when there is still cashback to be claimed, can they refuse cashback for this reason (there is no mention of this in the T&Cs)? Thanks

grayme-m

p1an0player wrote: »

The T&Cs of my contract say in one place that I must not move to a lower tariff in the first six months.

Then in another place it says that if I move onto a lower tariff during the minimum period (12 months) I have to return the phone or reimburse them the cost of the phone. Is this normal?

And how does it work if I downgrade tariff when there is still cashback to be claimed, can they refuse cashback for this reason (there is no mention of this in the T&Cs)? Thanks

It seems those t&c don't contradict each other when you think about it, you can't downgrade within six months, but after you can at a financial penalty (they may have one to pay back the network?) or return the phone.

Does this mean you can claim your cashback, but may have to pay them for the downgrade which may cancel out the whole cashback, I don't know?

Some cashback t&c state you cannot change your tariff otherwise it is forfeit, but yours don't seem to...

p1an0player

So there's 3 months of my contract left, and they've underpaid my cashback by £46.67.

If I downgrade tariff, they definitely won't pay the month 12 cashback, due in 3 months.

I can do either of the following:
- downgrade to the lowest tariff (as I intended to do from the start as soon as I received the month 8 cashback), hope they don't ask for the phone back, and then use moneyclaim for the £46 they owe me.

- just accept it, stay on the higher tariff and claim the month 12 cashback.

What do people think, would I be being unreasonable to go with the first option?