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OSPS cashback help

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  • pjmony
    pjmony Posts: 78 Forumite
    Part of the Furniture 10 Posts
    I had two cashback claims on the same deal (2 phones and contracts).
    I sent each pair of cashback claims in a single envelope (my T&Cs
    allowed this) and all had gone okay.
    I sent my final claim for both phones in a single envelope (recorded delivery).
    OSPS only sent one cheque.
    I struggled to get a response, but OSPS now say they only found one claim in the
    envelope. They say they'd noted this on my account as they were expecting two
    claims but, needless to say, they didn't query this with me at the time.

    Is it worth me pursuing this via LBA etc.?
    It's 'only' for £60 and I'm not sure what happens when it's someones
    word against another.

    TIA (and thanls for all the help you've provided so far)
  • mobilejunkie
    mobilejunkie Posts: 8,460 Forumite
    Although it may not be an explicit condition there is usually a recommendation to send claims in separate envelopes. Unless you can prove what was in the one you sent you'll be on a difficult wicket in court - though it depends on who the judge believes. You haven't followed th groundrules (most don't) and so now you'll have to weigh things up. You have left yourself wide open though.
  • --Tony--
    --Tony-- Posts: 1,752 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Just to update on my earlier post, I will not now have to follow through with my threat of legal actions, OSPS have responded to my letter with:
    Dear Mr. --Tony--,

    Thank you for your recent email in regards to mobile number: 0**********.

    In response I am disappointed to hear that you have been experiencing difficulties with our service and apologise for any inconvenience this matter has caused.

    After careful review of the account, I've discussed the issue with our Cashback Team. As a goodwill gesture and to avoid further escalation, they have agreed to raised, not only your Month 6 cheque for the amount of £108.00 and your Month 8 cheque for the amount of £108.00. Please expect to receive the both of these cheques in the post within 14-21days from today. Sincere apologies for the inconveience this has caused.

    To ensure there is no further confusion I will be detailing how to make further claims to avoid confusion.

    This is then followed by a very detailed procedure for making month 10 & 12 Claims (under new T&C's).

    All a big climb down, now they know the full facts.

    Its a shame their Customer Relations Department don't care about their customers.

    A few days earlier I got a very rude email from Bonnie Waters in their Customer Relations department, following up my telephone call to my HQ contact in TalkTalk.

    Basically she was not interested in any proof I could provided and simply wrote a two page email saying all my cashback details had been shredded and the case was closed.

    The whole point of the phone call was to ask them to investigate, instead they just spouted the same old rubbish about me not claiming correctly.
    .
  • mobilejunkie
    mobilejunkie Posts: 8,460 Forumite
    Rest assured; they always knew the facts. They also knew they had been caught out by someone who knew what they were doing and was prepared to enforce their rights. Simple! Goodwill is a marvellous thing!
  • kfng
    kfng Posts: 19 Forumite
    bidwiser, ??? did u got ur cheque? i think u should since u sent them earlier than I do.

    to those who r not clear abt which bill to send when ur window open. whether the 5th bill or 4th bill...those kind of crap. i will be happy to offer my advice(i will not be accountable for my advice because it all depends on whether those phone companies decided to give u ur cheque anyway. Hey, when i send my bill for my first cheque, i hoped for the best)

    but in doing all this, u have got to give reference, give credit watever u want to call it to ppl like mobile junkie.
    i asked, he offered advice, he replied to my question, i dont follow blindly, i evaluate the answers with my friends whom r also claiming for cashback , double confirm with this forum again, triple confirm with my friends, send in my bills and pray for the best.

    4th bill or 5th bill??? <
    !!!!!!!!.... depends on the bill during that window. this is very confusing.
  • Quentin wrote: »
    In that case you may as well put up a bit of a fight with osps to get your cashback.

    If you have proof of posting, together with proof of the delivery being late being due to their redirection you have a good case.

    I have just sent a further letter to OSPS and again this has gone via Crewe and been received at Loughborough. Unless they pay up within 14 days I will be issuing proceedings against them claiming it was late due to their redirection.

    Quick question for anyone having issued proceedings - do I issue a claim for the single cashback or claim that having contravened their own T&C's I am now due the full amount back.

    I will of course continue to submit further cashback claims on time until this is resolved.
  • Quentin
    Quentin Posts: 40,405 Forumite
    In your case, they have told you they haven't paid your claim because (in their view) you have committed a breach of the contract.

    You dispute this.

    You are arguing with them over the interpretation of the contract, not them simply not paying you.

    Until this dispute is resolved, (either way - and in court if necessary), then you don't really have grounds for claiming the full amount.
  • D0554
    D0554 Posts: 5 Forumite
    I had a problem with OSPS recently. Our first claim for two contracts was sent in the same envelope and both were processed no questions asked. The second time we sent them off together again. This time round they only processed one. When we called chasing they said it was because they were not sent individually. On the third occasion we sent them in seperately. One got processed and the other didnt. At this point I was really fuming. We chased them again and they basically said since you missed one payout, you miss any subsequent ones! This basically meant losing out to approx £300! So off I went to OSPS website and started doing a search. The first article I came across basically said if a claim is rejected for whatever reason they will write to let you know - FALSE - this never happened! I was always chasing them! Secondly there was nothing on the website about sending in claims in seperate envelopes. I put this all down in a letter and sent it off - NO REPLY. Next course of action was to get in touch with the Advertising Agency - I forwarded them on the same letter, and to cut a long story short, we received cheques for BOTH the missed claims! RESULT!

    Hope this helps some of the others on here having problems! WELL DONE to the ASA!
  • biddwiser
    biddwiser Posts: 23 Forumite
    kfng wrote: »
    bidwiser, ??? did u got ur cheque? i think u should since u sent them earlier than I do.

    to those who r not clear abt which bill to send when ur window open. whether the 5th bill or 4th bill...those kind of crap. i will be happy to offer my advice(i will not be accountable for my advice because it all depends on whether those phone companies decided to give u ur cheque anyway. Hey, when i send my bill for my first cheque, i hoped for the best)

    but in doing all this, u have got to give reference, give credit watever u want to call it to ppl like mobile junkie.
    i asked, he offered advice, he replied to my question, i dont follow blindly, i evaluate the answers with my friends whom r also claiming for cashback , double confirm with this forum again, triple confirm with my friends, send in my bills and pray for the best.

    4th bill or 5th bill??? <
    !!!!!!!!.... depends on the bill during that window. this is very confusing.

    Hi kfng, yes I got my cheque yesterday - I am very relieved, and VERY grateful to Mobile Junkie for his help and advice about which month's bill to send. I probably would have sent the third bill had I not found this forum - who knows maybe I still would have got the cheque - but in terms of support and reassurance, this forum is priceless.
  • kfng
    kfng Posts: 19 Forumite
    biddwiser wrote: »
    Hi kfng, yes I got my cheque yesterday - I am very relieved, and VERY grateful to Mobile Junkie for his help and advice about which month's bill to send. I probably would have sent the third bill had I not found this forum - who knows maybe I still would have got the cheque - but in terms of support and reassurance, this forum is priceless.

    Couldn't agree more.
    I have been waiting for ages for your reply. One thing that puzzled me was how come you receive your cheque later than I whereas you send your bill in earlier than I do.

    Anyway, 1 down 4 to go.
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