mobile phone contract problem

[Russe11]

Mobile phone contract,

I have a contract where by you have to send in your bill to get cash back on your bill.

they are failing to now honour these payments to my account as the phone was disconnected, then reconnected.

they say their 'air time agreement' (contract) states this and it sure does.

however the failure of them not paying these credit back to my account to count as payment is the reason the line was disconnected.

I intend on sending them a letter explaining the reasons why they should pay me the amount of £30.03, £45 and this month £50.02 and honour payments in future months, but is there any such law that I can quote.

I suppose they are penalising me for breech of the contract, so could I quote the consumer contract regs ?

the total sum of cashback I should recieve is about 200 quid, I also intend on contacting trading standards as they said it was 4.99, but did not find out I could only have it a 4.99 by redemption cash back deal....(you only find this out when you break the seal on the envelope, which does not entitle you to change your mind).

to say they are annoying is an understatement

Personally, I would say that under the basic principle of contract the 4.99 limit is a term implied after the contract has been formed.

[Russe11]

which means ?

This means that if you were unaware of the term I.e. it was not in the contract you signed. In addition, it was only added after the signing, then term is void.

As you cannot add conditions to a contract once, it is signed.

However I would read through your contract again just to make sure.

[Russe11]

Is there a piece of law ? or is it just the case of being invalid ?

[Nik_Doof]

Is the cashback deal with the network operator, or the store? Alot of "popular highstreet stores" offer cashback incentives to get the sales, and its the responsiblity of the customer to claim from the store within a certain time period.

I used to work for a "airy" network operator and i didn't have much dealing with cashback incentives by the network operator (as they never offered any, if there was discounts, it was straight discount).

If it is from a store, then its not the network's responsiblity, they just want paid either way... But the interesting thing here is that you may of got it from the store but they interwove it with a airtime agreement. When you sign a agreement in a store your basiclly signing a T&C for the network not the shop and any adjustment made by the store must be agreed by the network.

Also, your note about the sealed in terms, i think that is against the law. After all you cant review the contract your agreeing to without agreeing to it. Also you can always change your mind at the start of a contract, 14-days cooling off period. You have a full entitlement in law to return the goods, waive the contract, and get a full refund. Anyone who tells you otherwise is lying and breaking the law (a certain phone shop with a catchy slogan and hand-wavie motion was a regluar at denying this law).

[Note: i cant mention names as i still work in the telecoms industry, and openly slagging companies off wont help my job prospects]

[Russe11]

well I have given them a precourt notification about the hand set and their contract terms.

whether i'll get anywhere I don't know, but I have seen the company in question on watchdog before.

[Russe11]

So can I just put on the claim form the term is invalid and did not exsist at the time I agreed the contract.

then they will have to prove it was there, and if they do I can contest on other grounds.

Surely I can say its an unfair term, as paying 30 a month compared to 4.99 that I should of been charged.

I understand how the sale of goods act works, so no problem there.

[donger20]

I too have had problems with a mobile phone cash back deal. The company says that I sent in a bill a few days "too early". Totally ridiculous claim! Anyway I am now coming towards the end of the 1 year phone contract and am writing them a letter saying that if they do not pay the cash back as agreed when I took out the contract I will take them to court. The cashback I am claiming is £360-00.

However, I am not sure what laws or regulations to quote. Any suggestions?

Regards,

Donger