Gone wrong with Claim, Anything I can do?

mobilejunkie

1st answer) Once you've decided which set of t&c you are going to place your money on, yes. The answer will vary on an individual basis though.

2nd answer) None of those. SHOULD you get a non-price match deal the first link SHOULD apply, but it's most unlikely you would. The second link is for claims forms for such deals. The third link is the only written set of t&c for price-match deals you will find; but they aren't following them anyway.

3rd answer) definitely not - unless you have a very good in-depth understanding of it all (and not many will!). Two of the first people claiming under these deals came on here most distressed yesterday. They had followed some of the written guidelines they were given with their order, sent the claim in and month early (I would never have done that, but that's because I know how they work and ignore the information when it is wrong; most won't know it is wrong and will rely on it). They were then also told they had forfeited ALL rights to ANY cashback. This is complete nonsense under the legal t&c and even I hadn't forseen that particular event. They should have no trouble suing for the full amount should cpw not correct that. The one I'm waiting for will start happening a short time later - when the first claims which correctly follow the price-match t&c are assessed.

Old_Gold

I agree with mobilejunkie that you cannot go by what has happened in the past. In fact those who are saying they have never had trouble before are going to be the most vulnerable. However I would always advise when buying one of these contracts to write to the company with your understanding of the contract and ask for their agreement that it is correct. Once you have this it is a very strong legal argument if something goes wrong.

mobilejunkie

Trouble is they are most unlikely to confirm anything in writing nowadays! The fall-back position is holding them to the legal t&c people signed up for. Should they be denied it should be relatively simple to make a claim for all the cashback through the court - though they'd be very stupid indeed to let it go that far!

ajitdattani

Cviji wrote: »

Hi there, I ordered my first cashback phone about four months ago, however it appears ive gone wrong and sent a bill to early. I was connected on the 24th of may, and receive my bills around the 4th of each month. I have to send of bills of month 4, 6, 8, 10 and 12. I send bill number four off recently with voucher for month 3/09/07 to 3/10/07 (received 4th of sept) however onestopphoneshop have sent me a letter saying I have sent it to early and that all claims thereafter are invalid and so I wont receive any cashback whatsoever. They justify this and quote from their terms and conditions that

"when a valid claim has not been received by us within one calender month of required bill you will not be entitled toany part of cashback offered."

But I havent not sent my claim within one calender month as ive sent it too early not late, but does this still stand?

Is there anything I can do?

just done the same as you and have received the same letter.
rang the cashback team and they say the same that I have sent the claim early and have lost all my claims:mad:
still looking into this forum to see how many of us are in the same boat.
I have already posted them the original 4Th bill so can only send the copy now that the time is due , they have said the file is closed and that they wont pay.

mobilejunkie

Read the posts on here and the ones starting "OSPS" and about E2Save cashback problem (and a few others by now). FORGET the "4th" bill. It's VERY complicated but you cannot simply count bills - THAT much should already be clear to those who mistakenly thought they could. Without knowing the relevant dates in each individual case it is impossible to say which bill and when. Right now it's actually easier than it will be for the over-eagerly wide-eyed optimistics who simply sent the 4th bill later on. The so-called "price-match" t&c only came in around May - late May I think - so the FIRST claims ANYONE should be making are only JUST starting. Thus whatever your start date if you're now placed in this position it is highly likely that you can send your NEXT bill in and THAT will be an original. You can do that and then get on with a Letter Before Action and then sue - for ALL the cashback, not just this one. How long you get to send it will vary AND some will STILL get caught out for a long time to come doing what you've been doing; simply sending the 4th bill (lemmings springs to mind - sorry!). People who took out these deals in June, July and August will all be in your situation in 1/2/3 months time - and I'm willing to bet there will still be people sending in their first claim a month early. Of course, by then stage two will have hit (sending the correct bill in the correct timeframe) and this will pale into insignifance compared with that!

ajitdattani

mobilejunkie wrote: »

Read the posts on here and the ones starting "OSPS" and about E2Save cashback problem (and a few others by now). FORGET the "4th" bill. It's VERY complicated but you cannot simply count bills - THAT much should already be clear to those who mistakenly thought they could. Without knowing the relevant dates in each individual case it is impossible to say which bill and when. Right now it's actually easier than it will be for the over-eagerly wide-eyed optimistics who simply sent the 4th bill later on. The so-called "price-match" t&c only came in around May - late May I think - so the FIRST claims ANYONE should be making are only JUST starting. Thus whatever your start date if you're now placed in this position it is highly likely that you can send your NEXT bill in and THAT will be an original. You can do that and then get on with a Letter Before Action and then sue - for ALL the cashback, not just this one. How long you get to send it will vary AND some will STILL get caught out for a long time to come doing what you've been doing; simply sending the 4th bill (lemmings springs to mind - sorry!). People who took out these deals in June, July and August will all be in your situation in 1/2/3 months time - and I'm willing to bet there will still be people sending in their first claim a month early. Of course, by then stage two will have hit (sending the correct bill in the correct timeframe) and this will pale into insignifance compared with that!

Thanks Mobilejunkie , I will send the 5th original bill as soon as I receive it .
I have already successfully claimed 4 cash payback contracts from carphonewarehouse companys and have never had problem like this before.

I read now that the terms are getting more stricter but from the Terms and Conditions there is still no mention about sending the claim early and forfeit

these are the T&C attached to my email when I got the deal

Security scan upon download
http://rapidshare.com/files/58593816/terms0.pdf

mobilejunkie

I haven't checked that link but I've been extremely aware of the legal t&c since they first appeared about 4 months ago - they simply stole them word for word from a competitor and changed the contact details.

Alonso14

Hi mobilejunkie. from looking at the OSPS site, I cant see a fundamental difference between their ordinary terms, and pricematch terms. In fact, are they not the same terms used last year ie. your claim is eligible at x months after date of connection, where upon you send your most recent bill to them, to be received by them within 30 days from date eligible, whilst ensuring they receive a bill that is not older then 28 days?

Alonso14

What does confuse me is the following, taken from the customer services section. Why is is September, and not October?

For example
'£25 cashback m6' would mean you are able to Claim £25 Cashback after 6 months of being connected.

Copy the most recent airtime invoice and attach this to the Gift Redemption Certificate or cashback claim form.

Most claims are processed at month 6, 8, 10 and 12 of a contract.

Example
If you placed your order on the 14th April your first claim would be valid from the 14th September, for orders placed before the 1st April 2007 your claim will expire 45 days from that date, orders placed after the 1st April 2007 expire 30 days from this date

Alonso14

Also, where does it state that failure to make one claim invalidates all future claims on the price match deals?