OSPS cashback help

mobilejunkie

Ah... at last - the very problem I've been expecting for a long time now (and warning about).

Using THEIR methodology your claim WAS late. Following the LEGAL terms and conditions the November bill WAS the first to show that you had been connected for 120 days and they DID receive it within one month of the bill date. I would feel confident of holding them to that in court if needbe. LBA then sue.

This may help (post 5 for starters):-

http://forums.moneysavingexpert.com/showthread.html?t=558661&page=1

The second part is less clearcut. Should you claim legally you claim claim for ALL the cashback - since by denying the first they have disallowed all the remaining ones. It takes some wighing up. Maybe sending the second claim in December (meanwhile) stating that since they have indicated they wish to pay a month sooner than the t&c state you are claiming now on the assumption they will reverse their original decision and pay the first claim, reinstating the remainder. The other options are 1) claim in January; if they STILL refuse to pay claim one you'd be claiming for all the rest too in any case, or 2) unless and until they agree to pay claim one don't submit any. My previous option would still give you time to claim in January if they pay and avoid your court claim - and should they say THAT one is late you can force them to pay up as with the first.

AKP_2

Thanks Mobilejunkie – I have read a lot of the advice you have given in the past on this forum and I am sure that I am not the only one who is appreciative of the help you give (when you have many other commitments no doubt)

I am glad that you feel that I have a case, I personally don’t feel that OSPS have a leg to stand on as I have followed the legal terms and conditions to the letter and have always interpreted the following term “Where a valid claim has not been received by us within one calendar month of the required bill, which is the closing date of the claim. You will not be entitled to any part of the Cash back offered”.

The important words are “within one month of the REQUIRED bill” The required bill is the one showing connection of 120 days and this must be received within 1 month of the bill date. I can’t see how this can be interpreted any other way. It is not the bill before because even though you will have paid for day 120 in advance, you have NOT actually been connected for 120 days. It also not vital that it is received within 30 days of connection day 120; otherwise it would state something like “the claim should be received within 1 calendar month of the start of the claim period”, it does not state this.

Obviously they want the terms to be vague and confusing, but if you read them properly and at face value (and don’t assume anything) than I think they can be only interpreted in 1 way.

If they don’t pay up my first cashback (and subsequent cashbacks) then I will have no hesitation in sending out the LBA followed by legal action. I will give them time (21 days) as they have requested to make their mind up but if it is unfavourable or they don’t make their mind up then the LBA will be sent out immediately.

I think with regards to the second cashback I will send both December and January with comprehensive cover letters and they can accept which ever they want. I don’t care which terms and conditions they use as long as I get my cashback; but I will always follow the legal terms and conditions (ie I will still send the January bill) regardless of what else they ask for and when. So if it goes to court, there will be no doubt that I have fully complied the whole way. I don’t think in your advice you mentioned that I could send both as an option; but I think that way I am covering all bases. I hope you agree!

mobilejunkie

I do agree. Although if you claim you can claim for all the cashback and so won't actually need to claim the rest, since they will be specifically denying you all future claims too. I had more than one discussion with them about precisely this situation months ago. It fell on deaf ears. They don't understand (or often even know) their own t&c, won't discuss them and constantly change things. Their t&c are also conflicting within themesleves, their emails are totally misleading when you get a contract and the on-line account dates are sometimes speficific and correct but often not and wrong!

I can't see how you could loose a case; you seem to know precisely what this is about and can prove it. Any right-minded intelligent judge (they tend to be) could only come to one conclusion. Keep us informed!

AKP_2

Thank Mobile Junkie,

Willl let you know how it goes, they may still come to their senses when they realise that I am playing hard ball.

Cheers

suhoi

ms79 wrote: »

Thanks Mobile Junkie for your reply , I was told by CPW person that E2save should honour online billing as they them self request it as default, i think it is for O2 deals from e2save as it is served by CPW - O2 it self.

I've been with OSPS for a year now. Nicely dealt with my 1st and 2nd cashback (6th and 8th month). They have always accepted copy on the online bill, otherwise they would have validate my cashback claim (even without their cashback vouchers).
In month 9 I moved house, so I told them. Clearly I've sent a proof of my new address (by email). After a few days I call them up to check what's going on, they asked again for proof of address and bill and I sent them by fax. After a few days, call them up again, and finally they confirmed they got all the papers and my file is being forwarded to the `processing team`.
It's been more than a month since I was supposed to get the cheque, and nothing happened. Keep calling them, and get the same answer: the file is being processed. What the heck? Are they doing a PhD on cashbacks? They keep tervigersing the case.
I emailed them last night, outlining a deadline in about a week, otherwise I'll take them to court. Is that costly? Anyone knows?

Cheers

mobilejunkie

Sned a LBA first giving them (say) 14 days to pay. Send it to the cpw London address. See paost on LBA:-

http://forums.moneysavingexpert.com/showthread.html?t=558661&page=2

suhoi

mobilejunkie wrote: »

Sned a LBA first giving them (say) 14 days to pay. Send it to the cpw London address. See paost on LBA:-

http://forums.moneysavingexpert.com/showthread.html?t=558661&page=2

Cheers mobilejunkie

Do you mean this address? --> 1 Portal Way, London? I'll do that. Many thanks

burnoutbabe

I chased my rejection up and after faxing the bills again, chased it up a week later to yet again be told it was rejected. the girl i spoke to, i explained it again and she agreed with me and said it would now be processed. and when i rang a few days later they said my case was open (was closed before) and i should be getting a cheque for £72 (which is 1/5 of the 12 months £360 cashback).

I have now sent claim 2 in, using their dates of connection, we shall see. The fact they won't put in writing/email that your claim is accepted or not is annoying, i;ll just have to call each week to ensure a cheque is logged as coming to me, else i'll start a claim.

mobilejunkie

Their term is "raised". Once the cheque has been raised you WILL receive it a week or two later. As i told you originally - they didn't have a leg to stand on, but I'm afraid this is the kind of rubbish and stupidity they sometimes come out with now. Some people still don't believe me because they were so reliable in the past - I bet you do though!

suhoi:- Yes, that's the one. You can find the registered address on the various websites.

chris_k

All of the CPW brands now seem to have had training on how to be totally arrogant. Even though they sign for recordeed delivery they claim Royal Mail didn't send it as they sign for it as bulk mail and any other excuse. They get upset when after sending & emailing the documents 3 times they still claim they have never received them. They won't acknowledge receipt of emails when you resend them things. After many years of what I would claim fair hurdles to get cashback now they just try to be difficult as possible even though you meet the T&C.

I just sent in a claim for a cashback with the Link - they paid without problem within 2 weeks. CPW and their arrogant subsidiaries must be trying to end their generous cashback delas by upsetting their customers.