k750i on osps warning

GeoThermal

mbailey wrote:

Sorry - They are allowed to do this as it is in the Terms and conditions you agreed to when you submitted your order. "The offer you get is the one when you are connected to the network and not the one when you apply".

Don't mean to be picky but T&Cs are in addition to your consumer rights not instead of. T&Cs can be unfair and unenforceable if they go against for example the Sale of Goods Act.

bbb_uk

GeoThermal wrote:

...I was questioning whether OSPS are changing the offer details before or after they have accepted the offer to buy. If they are taking any monies or doing something else that would be deemed as having accepted your offer to buy then they have entered a contract to supply the goods as advertised.

If however they are informing people first without accepting the offer to buy and not taking payment before informing them of a change in the offer then no contract has been formed and the new offer can be accepted or refused.

That is correct. Thing is it seems to me that OSPS have a habit of doing this and if someone were to contact Trading standards and ask them to investigate whether or not their t&c are legal and/or unfair.

As OSPS appear to constantly change their offers and people ordering are not getting the offers they ask for then i'd get clarification from t'standards as to whether they can do this constantly as it seems unfair.

bbb_uk

GeoThermal wrote:

Don't mean to be picky but T&Cs are in addition to your consumer rights not instead of. T&Cs can be unfair and unenforceable if they go against for example the Sale of Goods Act.

That is correct (not just Sale of Goods Act though). If any t&c are unfair then they are breaking the law and the appropriate authority may be able to ask for them to be amended, etc. An example of this from a while ago was BullDog. OfCOM found nearly 20 terms that were wrong in Bulldog's t&c. Click here for more info.

mbailey

GeoThermal wrote:

Don't mean to be picky but T&Cs are in addition to your consumer rights not instead of. T&Cs can be unfair and unenforceable if they go against for example the Sale of Goods Act.

No you are not being picky, you have a very valid point. The problem is getting OSPS to understand this.

I have spoken to a number of OSPS customer service representatives includes a team manager and they all say they are allowed the change the deal. Unless Trading standards gets involved then you are not going to convince OSPS otherwise.

PinkPig

I think the only way you could really have a problem with them is if the offers are regularly very short, and seem to be specifically timed so that they are shown on the site for a long period of time when ordering wouldn't get you that price (e.g. leaving the offer online overnight, then immediately changing it in the morning before any orders are processed)

bbb_uk

PinkPig wrote:

I think the only way you could really have a problem with them is if the offers are regularly very short, and seem to be specifically timed so that they are shown on the site for a long period of time when ordering wouldn't get you that price (e.g. leaving the offer online overnight, then immediately changing it in the morning before any orders are processed)

From reading all the posts about OSPS it appears to me anyhow this is what is happening. It may not be on purpose but I believe it to be wrong. Now whether or not they are breaking any laws then only trading standards could advise on that. Either way though, out of good customer services they should honour any offer that was ordered even if it takes them a week to process this order and the offer had changed since.

mbailey

bbb_uk wrote:

From reading all the posts about OSPS it appears to me anyhow this is what is happening. It may not be on purpose but I believe it to be wrong. Now whether or not they are breaking any laws then only trading standards could advise on that.

Surely this is part of OSPS business model? Offer an amazing deal that lots of people apply for. When it comes to processing the orders change the deal.

The K750i 7 months cashback deal was very good and I can not see how they could possibly make any money on this at all. I am sure this was just a headline rate to attract a few people. Maybe they will connect a few people to this deal, but the majority of orders will be connected to the worse package.

I agree with you that it is wrong. The answer is to vote with your feet and don't use OSPS. I certainly won't be using OSPS ever again!

bbb_uk wrote:

Either way though, out of good customer services they should honour any offer that was ordered even if it takes them a week to process this order and the offer had changed since.

At the end of the day they are a business that wants to make money. If they gave everyone the 7 months cashback deal I am sure they wouldn't survive and then no one would get any cashback from them at all and it would fwdcellular all over again...

alex69

I had a similar issue time ago, and they repeatedly lied to me telling me I had not signed up to a 12 months cash back but only to a 8 months one (which I was sent rather than the 12 months one). I still had the copy of the confirmation emails and they suggested I had forged them! I talked all the way up to the managers only to be told more nonsense. I would not buy an apple from them - far less praying to get some money back a few months down the line!

See http://forums.moneysavingexpert.com/showthread.html?t=40311&highlight=cashback

EcO_3

Twigsy wrote:

Just like to say that I also received the same treatment from OSPS and I have sent a written complaint, asking that they honour the 8 month offer. I have two emails confirming the 8 month offers (I took 2). However, when I checked the order on-line 2 days later, they had cancelled the first order and the 2nd order was pending. They said that they had not received my fax verifying the delivery address. However, I sent 2 faxes - one for each order - and they claim they did not receive them. I am fuming. They should honour the offer that they accept at the time the order is placed. I hope they take note of my letter but I agree it would be good if these internet order companies were made to realise that they can't walk all over decent trading standards and get away with it. I take the point about ordering by telephone but you miss out on some reasonable pay back such as £15 Quidco and £10 internet booking.

I am in the same position as you. I did place an order for that phone with the 8 months free offer. And they cancelled my order withouth notifying me. Their excuse was that their was something wrong with my banking details !
It's good to see I'm not the only one !!

(BTW in the end I went for the 6months@2.99 offer coz I really wanted that phone and that is still the best offer on the market). But still I'm gutted !

EcO_3

charlotte3 wrote:

I'm sorry to hear about the problems some people are having ordering from OSPS.

I bought the K750 for my daughters birthday. I placed my order for the K750 via the net last Thursday (26th May). I rang the sales line to check a few details first and they said I would get my phone quicker if I ordered over the phone, but I decided to order online to get the further discounts etc. So I was pretty surprised to get the phone this morning (Tuesday)! I was expecting Friday or next week.

I was one of the unlucky/lucky ones (depending on how you look at it) to get the 7 months free line rental. I had been looking at the offer that morning for the 8 months free line rental then it changed at about midday to 7! Gutted! But I am quite glad I got this offer now because it sounds like quite a few people missed out on this one too. (Although it's usually me who does that! Missed the Samsung D500 offer!)

The phone looks great, however, there is no in car charger with the package as there should be but I have a printed copy of my order stating it is included so I will be chasing them for this.

Can anybody tell me if the 250 free text messages per month for 6 months was included in the 7month free line rental offer? It doesn't mention it on the paperwork sent in the package or on my printed order.

Also, I am not familiar with Vodaphone contracts so if I cancel the itemised billing (for which they charge £1.50), will I still be able to send copies of the first two pages of my bill for the cash back? Basically, do they still send you a statement every month?

If you want to remove the £1.50 itemised billing, you need to call Vodafone@Carphonewarehouse on 0845 655 4000. They are very friendly and will do it for free for you.
All offers have the 250 free txt messages. I called OSPS today and they told me that they are updating all the 250 sms offers with Vodafone as they have to do this in bulk according to the guy on the phone. If however you get charged for them you will be fully refunded. You might have to contact OSPS on 0845 456 7878 though.

Hope that helps !