OSPS cashback help

Quentin

Bearing in mind your admission that it was you who made the mistake, on what grounds do you plan to take this to court?

yatin123

Thanks for your reply Quentin
Unknowingly I opted for Online billing. But, when I realised that I should send in paper bill for cashback, I called up O2 CPW to cancel my online billing. So, I should have recieved a paper bill for Oct but, the system still generated an online bill only.

From the posts, I understand that even if we request for a copy of bill and send it to them, they will not honour the claim isnt it??
Even CNM and PBD are accepting online bills or copy of bills - Vodafone generates only one bill for two or more mobiles and so, I send in copy of bills only.
I would like to proceed with court claims...and I would like to know if anyone else like me..are also planning to proceed with a court action.

Thanks again

mobilejunkie

I'm afraid "unknowingly" is rubbish; it has ALWAYS been VERY clear that ONLY original bills are acceptable for claims under these deals. There is no way you should have signed up for on-line billing in the first place; you wouldn't have had the option when you purchased it on-line so must have done it later. All cashback deals are very strict and for good reason. Anyone who takes them on too lightly IS going to come unstuck. Far too many people rush into these things without researching and understanding it all - and this is the result, I'm afraid. I am pursuing cpw about another issue - but they haven't declined my claims and I am 100% certain of my position because I HAVE followed the t&c AND can prove it. I have broken no condition and they have no choice but to pay one way or another (should they try not to). It all comes down to understanding precisely what you're signing up to. Again, for everyone else considering cashback deals, my general advice has now to be - don't!

yatin123

Thanks very much for your reply mobilejunkie. I accept whatever you say. But, I really would like to hear from you about OSPS stand on not accepting copy bills from CPW O2 – ie., if we have online billing and when we request CPW O2 to send in a paper bill, the bill from them states Copy of Invoice. It sill is an original bill – ie not a photo copy bill, So, I would like to hear from you if this is an unfair part of their t&cs. I know PBD and CNM accept copy invoice from Vodafone(original bills from Vodafone which reads as copy bill when we request for 2 or more copies – not a photo copy!).

Will I have a chance to say in Court that this is part of their unfair t&cs??

Quentin

If you want to make a claim based on unfair contract terms, then you need to get professional advice.

A claim that the contract (which you agreed to) is unfair is quite different to a claim for an unpaid debt.

In the end it is up to the judge to decide if the contract is fair or not - taking soundings from this forum is pointless.

mobilejunkie

yatin 123:- I would say that you might want to make a list of points as to why you claim it is unfair when you do seek professional advice (maybe a legal helpline on your insurance?). One of those points in this case would be that cpw O2 is part of the same organisation and so the fact they didn't provide the paper bill you asked for is in their self-interest. However, if it says "copy" it is a copy. Maybe writing a letter to cpw outlining your case (excluding the "unknowingly" but pointing out that you HAD formally requested a paper bill and that cpw O2 promised you would get one) is worth a try. Whilst they can be an absolute pain they are generally better than most - even now - and you have nothing to lose. I wouldn't be too nasty with them given it was you who signed up to paperless billing in the first place though.

yatin123

Thanks mobilejunkie. I will write to CPW abt not initiating my paper bill request. But, as you say, I really doubt, if they will respond to me.

mobilejunkie

I would think you need write to them about the cashback claims rather than billing, explaining that it was because they messed up your paper bill that you only have one labelled "copy".

__lsx__

Have you thought about writing to the papers or watchdog or random magazines?? The threat of media bad-press might have more effect and be easier than trying to prove OSPS t&cs are unfair. I would expect OSPS to fight their corner like a honey badger, cos them losing would open the flood gates. Or they might just give you a free k850 to keep you quiet or similar.

I remember reading something like Bella or Woman's Own (in my parent's bathroom - they weren't purchased by myself) a couple of years ago and in the problem pages there was a case of a woman who had ordered a phone deal from OSPS. She didn't read the small print on the cashback or indeed the big print!! and unsurprisingly OSPS weren't helpful when she called them to ask where her cashback was....a few months after her 1st claim date!

Well OSPS apologised that the t&cs were not clear and paid out!! That made me realise that CPW/OSPS live in fear of the 'aunty edith' pages of women's magazines:)

mobilejunkie

I think that's a really bad idea. The current crusade based on attracting the attention of the media (who only serve their own interests generally and no-one else's!) merely snowballs into a situation where there ARE no deals any more. I am happy to play the games and manouvre through it all. I am very good at it and think I'm the dealers' worse nightmare rather than them being mine. Long may that continue. People know (or damn well OUGHT to know if they did some very BASIC research OR just THOUGHT about these deals for a few minutes) that there is risk and there are fences. If they don't want to look at the fences beforehand then they will fall - and the rest who can jump will win. I want the choice of jumping and media or political campaigns threaten to take that away.

Generally people have legal protection IF they do things right. The fact that many DON'T do things right pays for the rest of us. Personally, I think THAT is quite fair and desirable.