Problems Claiming Cashback Example Letter

rozeepozee

I had loads of problems claiming my 100 pound cashback from BT. Despite a gazillion telephone calls to Mottcombe Lowndes, the company BT had subcontracted to deal with the promotion, and a pleasant letter chasing the money, I was still waiting after 3 months. I decided it was time to stop playing Ms Nice Guy! I called BT and asked them for their lawyers details and sent the letter below. I received a cheque for the money within the week! :j

BT Retail Litigation
TeamPPB4, BT Centre
81 Newgate Street
London
EC1A 7AJ



Dear Sir

Re: BT Cashback Offer

In September 2004, I signed a BT mobile SIM only contract induced by a one hundred pound cash-back promotion. On 31st March 2005 I submitted my application for the cash-back. I enclose a copy of the original leaflet detailing the terms of the promotion. Amongst others, the promotion terms are as follows:

“You will receive the cash-back amount and your original bill within 28 days of receipt of the sixth bill, provided you have complied in full with these terms and conditions and settled your account with BT to date.”

I have complied with all the conditions but am yet to receive my cash back and am most unhappy that BT is in breach of the terms of this promotion. I am also disappointed with the customer service response from Mottcombe Lowndes and BT.

When I did not receive the cash back, I wrote to Mottcombe Lowndes on 9th May 2005 requesting the monies by return but received no reply. I telephoned them on 19th May 2005 and was told they were awaiting process of the claim by BT and the monies should be received by me within 2 weeks. When I failed to hear from them, I called again on 16th June and again today. Mottcombe Lowndes insist that the contract terms do not require the money to be sent within 28 days and that the BT marketing department have told them that they need not send the monies until 28 days from the time BT validate my application (which they are still waiting for). I note that the letter BT sent me on 28th January 2005 (enclosed) alludes to this. However, as a solicitor, I am aware that BT cannot unilaterally change the promotion’s contractual terms and refer to the specific clause above. Mottcombe Lowndes have refused to provide me with the details of a senior person in the BT Marketing Department to whom I can complain and I am therefore resorting to writing to your department.

I consider BT to be in breach of contract and I would never have taken out a contract with BT had I known the problems I would have had with this claim, not to mention the cost and inconvenience of pursuing it. If I do not receive a cheque for the sum of one hundred pounds within fourteen days of the date of this letter, I intend to issue proceedings in the county court seeking compensation for my loss without further notice.

I await hearing from you as a matter of urgency.

Yours faithfully





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