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3rd Party Company - Not holding up their end of the bargain?

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I found a great deal on Mobilephonesdirect for the phone I wanted with Talkmobile as the network provider.

The bill was high but the site advertised that it would give £192 cashback which would be funded over the months to reduce the bill. I thought great!

I took out this deal, I am now signed to TalkMobile but it has been 3 months and Mobile Phones Direct (despite numerous e-mails) have not replied to explain why they are not sending me my cash back. I filled out the cashback forms twice. No joy.

I feel like I am now stuck in a contract I can't afford because this company haven't held their end of the bargain.

Can I cancel this contract?

Comments

  • keith1950
    keith1950 Posts: 2,597 Forumite
    1,000 Posts Combo Breaker
    Nobody should take out a redemption cashback deal unless they are 100% sure they understand the cashback process.
    Usually, along with a claim form you have to send in the correct bill at the correct time to ensure success
    If you get the first claim wrong and it is rejected you should be able make the subsequent claims as long as you do your research and meet the terms and condition.
    These deals can only work if a large % of people have rejected claims.
    If you are sure you have followed the correct procedure and have no success send them a "Letter before Action" and give your intention that you will make a claim in the small claims court.
    If you haven't followed the correct procedure give up
    In answer to your original question....no you can't cancel the contract!
    If you need further info. check out the numerous past threads on MSE by " mobilejunkie".
    I have now done over 40 such deals and never had a rejection but that is because I did my research beforehand.
  • Thanks Keith.

    I've followed the cashback form to the letter. Uploaded the bills and everything.

    I keep trying to contact them but get no response. Their auto reply says I should have heard back within 72 hours. I've heard nothing with regards to it being rejected or successful and I've done it twice.

    It seems so unfair that I may be lamped with this really expensive contract as small claims can take up to a year!
  • Kim_13
    Kim_13 Posts: 3,411 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper Photogenic
    It seems you may be claiming cashback too early. Even on a 12 month contract, it isn't payable until month 4: http://www.mobilephonesdirect.co.uk/help/faqs

    Someone I know got their earlier instalments but now mobilephonesdirect have stopped paying up!

    Cashback should always be seen as a bonus and not a guarantee.
  • mobilejunkie
    mobilejunkie Posts: 8,460 Forumite
    edited 23 February 2016 at 9:36AM
    This is such an easy situation.

    If it's three months since you took out the contract you are completely wrong and don't understand anything about cashback contracts. I recommend you actually read the t&c and learn how it all works - something you should have done BEFORE you ordered.

    If it's a 24 month contract and you've waited three months before making your first claim using month 6's bill then again it's very simple. As soon as they failed to a) acknowledge your claim, b) accept your claim and c) PAY your claim within 30 days from receipt you should have followed the groundrules. That is, send a LBA and then issue proceedings.

    Either way you plainly don't understand what you're doing, which is down to only one person - YOU.

    Don't touch cashback deals if you don't do a LOT of research. Start with this:-

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

    As far as this dealer is concerned they are higher risk, but the people I have ordered for have been paid VERY quickly and smoothly and my own first claim has been accepted. If it isn't paid within the timescale stated in the t&c I will immediately follow the groundrules. I've done that with other dealers a few times and it always works. It usually works to my advantage, in fact - though needing to resort to legal action is a rarity. Only if a dealer goes bust should you allow them not to cough up.
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