Onestopphoneshop - cahback claims

[e4essex]

Hi,
I have a 12 month contract with Onestopphoneshop where they are supposed to be sending me my cash back after 4th, 8th and 12th month. So I sent them my first 4 monthly bill on which they sent my cheque to me. However after eight months when I sent them next four statments for cash back I received a letter from one stop phone shop they would not release the money as I failed to claim my first 4 monthly redemption on time. So I called them explaining I have the proof and that there must be an error on their end but to no avail.
Then I was advised by some one to write to them providing a proof of the payment that they made previously which I did but still have not heard of anything since then. I also mentioned in my letter that if they fail to give me my money back I would take this matter to the court but nothing seems to be working.

any advise on this matter would be much appreciated.
Thanks

[buzby]

They have a history of this - see here;

OneStopPhoneShop - Return Help

Basically, they may be clutching at any old excuse to cancel a claim, as they've paid out too much money and like other firms - go bust as a result. Cashback deals are always to be avoided, and there's little point spending more money taking them to court if they just go out of business. Take it up with the people you have your airtime contract with, they may be able to assist.

[Human Writes]

In this case though OSPS are a wholly owned subsidiary/trading name used by The Carphone Warehouse so there is a prospect of pursuing them without chasing the network, the networks aren't usually all that sympathetic anyway.

If your confident of your position I'd be tempted to send them a letter before action saying that you have proof (send them a copy), you've tried to be reasonable and explained this to them and you will take legal action in your local county court if they don't pay up. CPW's registered office is on the about us section of OSPS website.

The chances of CPW going bust are slim to non at the moment so you should be able to pursue them through the courts for your cash back.

[buzby]

Originally Posted by Human Writes

The chances of CPW going bust are slim to non at the moment so you should be able to pursue them through the courts for your cash back.

Unfortunately - who the ultimate owner is has absolutely no bearing on the issue. OSPS is just one of a number of online vehicles that CPW use - but only as a holding company. They can watch OSPS go down with guns blazing, and not be required or compelled by any court action to make formal restitution if they are not the defenders..

[Human Writes]

Originally Posted by buzby

Unfortunately - who the ultimate owner is has absolutely no bearing on the issue. OSPS is just one of a number of online vehicles that CPW use - but only as a holding company. They can watch OSPS go down with guns blazing, and not be required or compelled by any court action to make formal restitution if they are not the defenders..

OSPS' website lists their registered office as CPW's Head Office address, I'd say it is safe to assume that they are a trading name of the CPW and CPW can be held to account legally for the actions of OSPS.

Also there are a number of people over at Moneysavingexpert in a similar situation, who have either sent LBA's or served papers against CPW due to cash back difficulties with OSPS. CPW and are in the process of negotiating settlements with the Claimants or in some case the Claimants have chose to proceed with their claims:

Need to send LBA to OSPS - MoneySavingExpert.com Forums

I'd proceed with a LBA recorded delivery to CPW's Registered Office then MCOL claim against CPW if your not getting anywhere, they'd likely offer settlement as they have done previously.

[buzby]

Just because people assume doesn't make it right! The fact that OSPS and CW share the same Registered Office address is immaterial to the legalities of the claim.

You cannot pursue CW for an imagined dispute with OSPS. Therefore any action against CW for a OSPS problem will ultimately fail, as each Ltd company has it's own liability (which is limited). You will not be able to take solace in that CW 'won't go bust' as a parent, if OSPS has problems.

Therefore it would be a total waste of court fees attempting to cite CW for a complaint about OSOS.

[lapchien]

AFAIK OneStopPhoneShop and E2Save are just trading names of the CarphoneWarehouse, not actually separate companies.

Quote from the OneStopPhoneShop website:
"OneStopPhoneShop is a trading division of The Carphone Warehouse Limited incorporated and registered in England and Wales.
Registered Office: 1 Portal Way London W3 6RS. Registered Number: 02142673"