Mobiles.co.uk want to turn my non cashback deal into a cashback deal, my rights?

19lottie82

Ok gist of the problem is, I purchased an O2 deal through mobiles dot co dot uk for £27 a month (24 month min term). I got the confirmation of the contract through from O2 who have listed it as costing £32 a month.

Called O2 who said I had to call mobiles dot co dot uk to sort it out.

I did this and they are saying that I must pay O2 £32 a month and then they will send me a cheque every 6 months for £30 once I have sent them my bills.

I told them no way, I did not sign up for a cashback deal and this was not acceptable. They say it's the only solution. Spoke with a cS rep on the phone who kept stuttering and staying silent for long periods of time. I told him I was not happy and wanted to escalate my complaint, could I have the name of someone from the company I could complain to in writing and was told "no".

I then asked to speak to his manager and was told that they "probably wouldn't have time to speak to me" I told them to go try Anyway. I was then put on hold and cut off! No one has tried to call me back.

I sent a written complaint to carphone warehouse (who own the site) yesterday telling them that I want my tariff reduced to what was agreed, and is detailed in the paperwork I have from them. Today I received a cheque for £30 which I promptly returned to them with a cover note.

Does anyone know what my rights are here?

mobilejunkie

None if you can't prove what you signed up to.

Most of Mobiles.co deals ARE cashback. Rule nbumber 1 (of several) - print out the offer you sign up to at the point of sale. It sounds like a cashback deal and almost certainly is - and if so you didn't take proper notice of what you were signing up to. The second line of defence would be the paperwork which arrived with the phone. If it gave you the correct tariff (£32) and you didn't cancel within 7 days you've lost your chance.

Assuming it is a cashback deal, you now need to do a LOT of research into such deals - and this dealer - in order to successfully claim each cashback. You might want to satrt here:-

https://forums.moneysavingexpert.com/discussion/558661

grumbler

19lottie82 wrote: »

...I want my tariff reduced to what was agreed, and is detailed in the paperwork I have from them.

What exactly do the confirmation email and the paperwork say?

19lottie82

Trust me it is NOT a cash back deal. The confirmation from mobiles says £27 a month, no mention of any cash back. I also have an email from them confirming that the tarrif o2 have put me on @ £32 a month is incorrect.

19lottie82

mobilejunkie wrote: »

None if you can't prove what you signed up to.

Most of Mobiles.co deals ARE cashback. Rule nbumber 1 (of several) - print out the offer you sign up to at the point of sale. It sounds like a cashback deal and almost certainly is - and if so you didn't take proper notice of what you were signing up to. The second line of defence would be the paperwork which arrived with the phone. If it gave you the correct tariff (£32) and you didn't cancel within 7 days you've lost your chance.

Assuming it is a cashback deal, you now need to do a LOT of research into such deals - and this dealer - in order to successfully claim each cashback. You might want to satrt here:-

https://forums.moneysavingexpert.com/discussion/558661

I have a print out and the documents that arrived with the phone. I'm pretty clued up on these deals and I know its not a cash back deal.

grumbler

They can't get your tariff reduced because the contract is with O2.
You have a right to either have the contract cancelled or get the difference in cash (not some cashback). They can pay the difference either in a lump some or installments, but without any claims.

Instead of complaining I'd send them a letter before action demanding a lump sum, them submit a claim to the SCC.

Buzby

This means you are stuck with a contract you don't want and risk losing a SC action.

Far better to reject the goods under DSR and get it cancelled that way.

19lottie82

Buzby wrote: »

This means you are stuck with a contract you don't want and risk losing a SC action.

Far better to reject the goods under DSR and get it cancelled that way.

Problem is phone has been used now for a few.weeks. also i have transferred over my old number from my previous provider so don't want to lose that.

19lottie82

Bit of a long shot but does anyone think I would have any chance of being able to cancel the contract while keeping the handset?

grumbler

Buzby wrote: »

This means you are stuck with a contract you don't want and risk losing a SC action.

What risk if there is a paperwork clearly proving CPW's error?
That said, if everything is clear I don't understand why they are trying to get away with paying just £30. Pulling a fast one - that is pretty typical for them?

19lottie82 wrote: »

Bit of a long shot but does anyone think I would have any chance of being able to cancel the contract while keeping the handset?

Very remote IMO. If the contract is cancelled everything has to be 'reset' to it's original state before the contract.

19lottie82

grumbler wrote: »

What risk if there is a paperwork clearly proving CPW's error?
That said, if everything is clear I don't understand why they are trying to get away with paying just £30. Pulling a fast one - that is pretty typical for them?

Very remote IMO. If the contract is cancelled everything has to be 'reset' to it's original state before the contract.

Grumbler.... Just to confirm they are willing to pay me £120 but they are telling me it has to be in the form of 4 x £30 cheques, one every six months and I have to send them my bills.

I told them that that is not acceptable as I'm not willing to be out of pocket for six months at a time and also I work so the only time i could get to a bank to cash a cheque would be to make a special trip to the branch in the city centre which is open on a saturday.....

There is no way I'll be doing this 4 times because of their error