Mobile Phone Cashback - phones 2 u direct

[analyst]

Ah, the old cashback scam - what a well trodden path eh?

As most posts in here tend to run along the lines of "Help" after the event I thought I'd be different and run it from up front for a change.

I got two phones earlier this year from Phones 2 U Direct - notorious scammers. However, they have been trading (albeit unscrupulously) for years so they are not classic fly-by-night's.

My first 6 month cashback date is looming soon, so I am trying to pre-empt any smart moves by them.

I have prepared my claim letter with the precise information specified in their T & C's.

I have the original invoice from them at the ready.

I am waiting for the critically dated bill to arrive. It will be dated on day 181 since connection - their T & C's say first bill after day 180.

It is well known that Phones 2 U Direct are notorious liars and cheats. They will usually try one of two tactics.
a) say the wrong bill was sent, end of claim
or
b) deny the bill/other documents were in with the claim letter (an outright lie, but once you have sent it you've lost it)

To pre-empt the above, I intend to have the contents verified by a Magistrate before sealing and sending by recorded delivery. It just so happens that my next door neighbour is a JP

I note that their T & C's have changed since I first dealt with them. However, I have kept a print-out of the earlier version in place at that time.

They used to give a 14 day claims window, and say payment will be made in 28 days (Ha! is that a joke?)

Now it gives a 21 day claims window and says payment in 45 days (in your dreams)

So it is my intention to hold them to that 28 days before hitting them with an LBA as I believe they can't change the T & C's I originally agreed to in mid term.

Is there anything else ye wise and experienced ones care to advise me about?
I smell a court action brewing here.

[buzby]

Good for you.

I think you've covered all the bases - since they rely on users tripping up on their claims, they're going to be very upset when they trip up over yours!

[barracad]

I think you've missed what is arguably the most important point - the letter should be sent Special Delivery (not Recorded) as this will guarantee the item to arrive within their 14 day deadline.

If you want to cover yourself incase the letter does go missing/get delayed, you would also need to take out the optional Consequential Loss insurance at the time of posting (different to the standard compensation cover and you may need to tell the clerk in the Post Office to look it up!)

I don't feel it's necessary to get a JP to witness it, but if it's of no trouble to you and it makes you feel better then go for it!

[buzby]

Originally Posted by barracad

I think you've missed what is arguably the most important point - the letter should be sent Special Delivery (not Recorded) as this will guarantee the item to arrive within their 14 day deadline.

The problem here is the cost - assuming you pay the additional fees as required, this will eat into any cashback pot, and the usual caveat that proof of posting is not proof of delivery, would be served by RD or SD. Even if the OP took it round and handed it over (with a witness) there's still no real guarantee unless they sign for it too. If they're going to wriggle out of it, there a cost limit on when these things become more bother than they're worth!

[barracad]

I agree, but if he's claiming back, for example, £60 then it would be worth spending an extra £3 or £4 to make sure he is guaranteed to get it back. He would then get proof of delivery and a guarantee that the item would arrive on time.

Sending it by Recorded Delivery could be a gamble, Special Delivery would give peace of mind.

[analyst]

Originally Posted by barracad

I don't feel it's necessary to get a JP to witness it

True, its not necessary, but as its no trouble . . .

FWIW I wear my self-supporting trousers with belt, braces, heavy duty baling twine and skyhooks :o

anyway, what do you do if these liars just brazenly say "the document wasn't included, end of claim", and they do that, because they will insist it has to be original and they've just binned your only one?

Its also a little warning shot across their bows to say "I mean business"

[barracad]

Originally Posted by analyst

anyway, what do you do if these liars just brazenly say "the document wasn't included, end of claim", and they do that, because they will insist it has to be original and they've just binned your only one?

If it was me, I'd sue them! As long as I can prove that it was received and I'd kept copies then I would have a strong argument. If it reached a court case, do you think the judge would believe that I had gone to all the trouble of sending the item by Special Delivery just to send them an empty envelope?

Anyway, with the precautions you're taking then there won't be any need for that! Send it by Special Delivery with the relevant compensation cover and you've covered all bases.

[macrane1]

I had huge problems with phones2u direct. I misread the t's and c's and sent in my cashback claim a month early. Nearly two months later i got a letter saying that my claim had been sent in error and that if I wanted to claim my cashback I would have to resubmit my claim within 14 days of receiving the correct bill. Trouble was I received the letter after the deadline had passed, and what didn't surprise me was that the letter was dated about a week earlier! (must have taken them a while to post it...).

Is there anything I can do to get my £360 back, bearing in mind I have all the correspondence from them. I'm not holding my breath.

Thanks

Matthew

[buzby]

Sadly no, these schemes are designed specifically to catch the unwary and prevent them from benefiting from the discount. As it was your error in not complying to the precise terms and conditions, it comes as no surprise that they processing rtesulted in you missing the 'real' deadline.

The only routes are (a) write back and appeal, but if you realise the whole point of the promotion is to discourage claimants, you can see where they might be relictant to be sympathetic. (b) Threaten them with court action. THis remains a possibility, however they could argue it was you that was negligent and they have paid out to everyone who has correctly followed their instructions.

If you have further claims to make, then hopefully the T&Cs will not bar you from making those, but the usual advice is these Cashback schemes are a promotional scam and not worth the paper they are written on.

[demon_x_slash]

Did the OP get hir cashback after all that? SD, signed by a JP, sealed in a titanium envelope...?

[buzby]

I think the pursuer needs titanium Y-fronts as the retailers are not slow in throwing problems (Kong-style) in their path. With their goal being NOT to meet claims, its easy to see why so many are unsatistfied, as there is no common goal for both parties.

[analyst]

OK guys and guyesses, here's the result:

(sorry for somewhat of a delay responding here but I had this silly idea of taking a holiday in Egypt for some winter sunshine - been a holiday from hell, glad to get back in, barely, one piece - but that may be the subject for another thread in due course)

Just before I left for said H-f-H, I received a cheque for . . . ta-da, £245 which is the precise first ⅓ payment and now firmly banked.

This was actually earlier than the full term of 28 working days in their T & C's (now shows 45 total days in T & C ver 3.5).

I wonder if that was anything to do with the fact that I called them in the middle of December and politely reminded them the payment would soon be due and that it was my intention to play them at their own game i.e. if they dare go just one day over their own payment period I shall pursue them immediately with court action.


Now from above

Busby: If you have further claims to make, then hopefully the T&Cs will not bar you from making those

Phones 2U Direct T & C's do state:

Where a cashback is claimed in instalments, claims for subsequent instalments are dependent on acceptance of the previous claim.

So it looks like they've got that sewn up too, bar-stewards!

[buzby]

Originally Posted by analyst

Now from above Phones 2U Direct T & C's do state:

Where a cashback is claimed in instalments, claims for subsequent instalments are dependent on acceptance of the previous claim.

So it looks like they've got that sewn up too, bar-stewards!

Why am I not surprised? Well, at least the cash is flowing and it's on to the next one. I do still think that anyone entering into any cashback deal should be prepared to lose it or spend lots of time pursuing it, with the distinct possibility that it will go pear-shaped before the final payment is made.

[ukmp3]

I too have had the same problems with phones2u and so issued court action via MCOL.

Phones2u have entered a defence and it is being transfered to my local court. Any one had this happen before?

Thanks

[r0cknr0ll]

Hi there, I am in the process of taking this company to court. I sent all my documents at the correct time but they have come up with the brainwave of saying that I only sent 4 pages of my bill instead of 10. I would be obliged if anyone could help me with filling in the court documents and advising me how to word it professionally.....