cashback crash-what are your legal obligations?

alric

If/when the cashback company doesn't answer your phone/emails etc,
are you still liable to the phone company(o2) for the rest of the contract?

bobstheboy

Afraid so. Your contract is with the phone company for the network service and the cashback company for just that.

Bob

patwa_2

As said above. Most operators will have in their T&Cs that they are not responsible for the failures of third parties should these failures affect your ability to pay for or use the service. All the cashback company is doing is passing your details onto the network, and receiving commission from the network in return. They also get updates from the network about your usage, which is how they are able to charge admin charges if you then don't use the contract, cancel the contract before the minimum term or change the contract tariff.

H.

alric

I thought that contract law was that their had tobe consideration on both sides, so if they did not fulfil their part i.e. give you your cashback, then the contract was rescinded, so no contract existed anymore.
And that my agreement was with bmp.net, not o2
Am I wrong?

temba

though technically yes, Orange said I could renew/change my contract as I've been with them for more than 6 months and I pay so much. It's always worth a try. I reckon it's about time to fight back against these cashback crooks who are doing us all out of so much money.

Quentin

alric wrote: »

I thought that contract law was that their had tobe consideration on both sides, so if they did not fulfil their part i.e. give you your cashback, then the contract was rescinded, so no contract existed anymore.
And that my agreement was with bmp.net, not o2
Am I wrong?

You aren't wrong - they have rescinded the contract by the fundamental breach of not giving you a cashback payment (as long as you fulfilled the conditions for claiming).

In this case you could sue them via the small claims court for the total amount due under the original contract.

But you did enter a separate contract with o2 for the provision of the service. This is unaffected by any problems you encounter with bmp.net.

alric

thanks
I'm really not happy about signing up for a contract that would cost <£4 a month, then having to pay >£30 month for a year
I didn't use the phone for 4 months anyway, and felt obliged to cancel the direct debit to O2 when I had received no cashback
bmp.net had no intention of communicating with me, on the phone they said everything had to be dealt with by email.
I could not find my T&Cs anywhere on their site

Quentin

O2 won't just lie down over this - they will chase you for the money you owe them, and will escalate this to debt collectors/ccj/credit status blacklisting etc.

They have a justifiable claim on you - they are fulfilling the deal you agreed with them (they provide a phone service for you) - it is you who will be in breach of the o2 contract if you don't pay the bills.

wdycai

What if you never signed anything for the mobile company?

The only thing i signed when i took out my contract was the letter from the company i bought the phone?

Quentin

You enter into the network's contract if you use the phone.

dipsy

Hi,

I have a contract through fones4free.com, I am having real issues getting the cash back from them...... not answering their calls/faxes and when they do put me on hold and cut me off... arrrrrrghhhhhh

Orange said they have an obligation to do what they said they would - supply the cash back, if not then I should report it to Ofcom.....

so guess what.. .Ofcom here I come 0845 4563000

That is, if my partner who happens to be in london in the morning doesn't get the cheque off them.....

hope that helps someone.... re Ofcom....