Need to send LBA to OSPS

qazwsx15

HI
hoping i can get some suggestions/guidance here

my contract just finishd this month i was on a 12month price match deal with onestopphoneshop and promised cashback of 30£ per month on receipt of bill within claim period - so over the year totalling 360£.

however at the time when FIRST cashback was due there were royalmail strikes! as a result I received the bill from carphonewarehouse (they send out the o2 bill on behalf of o2) late! i got it like 16 days after billing date on the bill due to the strikes thus i was unable to send the bill to them until i got it, once i got it i sent it immediately (which was just outside the claim period by a day or so) i sent it recorded delivery which shold have got to them within 2 days but got to them 9 days later!

i contacted them numerous times via letter and phone and they rejected my appeal to them i stated it was unfair that all my cashbacks be void because the whole reason it got to them late was due to the royal mail strikes...they stated they allowed 5 days extra for the strikes, nonetheless i dont see how they coul dhave given a number of days specified as 5 for letters to reach them when the RD letter i sent them of my cashback gt to them in 9 days (over 5)!

anyhow so no luck with them i then went through MCOL

i stated in the statement when submitting the appeal that they should have given a different means of sending bill to them around the strike time as they knew there was a strike and neither did they offer to send me a online bill so i could send this to them ...basically pointing out they allowed no other means of ensuring customers such as myself got to get their claim to them ontime by using means other than royal mail (due to strike)


i submitted MCOL and OSPS replied stating they are defending entire claim!
should i be worried? does this mean they are likely to win the case or?

any help appreciated thanks
:j

mobilejunkie

Sounds like you were within the legal t&c time slot and I'd be using that rather than your argument - in which case I'd win. Naturally, you'd need to understand it all AND be able to prove it (which would be simple IF you followed the groundrules). I suspect you don't fully know what you're doing or (for one thing) you wouldn't say they were supposed to pay you back £30 per month. You will need to be much clearer than that in court.

I have gone over this many times. I suggest you read post 5 on:-

http://forums.moneysavingexpert.com/showthread.html?t=558661&page

You should read the rest and all the (many) E2Save threads if still in doubt too!

sambasamba

Hi all,

An update on my claim: e2save contacted me and offered to settle out of court, after some bank and forth emails they agreed to pay my full 12months cashback, MCOL and hearing fees and additional compensation for waisting my time - cashed their cheque a week ago so hopefully everything is sorted now....

thanks for everyones help - hopefully this shows that if you know you are right and stick to your guns they will cave in before having to go to court!

amf

Great news sambasamba. Well done:beer:

ghosti

hi guys!

theres recent news from me too. i have just banked my cheque from cpw for the full outstanding cashback amount, plus court fees, plus postage, plus phone calls :T

thanks to all the gang for their help and advice on this and its a valuable lesson in not being afraid to take on the big companies when you are clearly in the right.

best of luck to everyone, this will be my final cashback deal as for me its just more trouble than its worth (even though i know how to play their game now)

cheers :beer:
g

amf

Excellent news ghosti:beer:

sambasamba

Well done Ghosti !! :beer: