You can claim your cashback, even if you didn't stick to the rules!!!!

[psychocandy]

Well - if you go down the route of obtaining a Judgement, you need to cover the usual bases, keep copies of everything you send, and be able to supply copies of any 'missing' documents. Also have an independent person review the actual contents of the letter as sent, so there is no issue over whether the items were included or not. Finally, all claims need to be submitted by Recorded Delivery which confirms delivery. For all you know, those who HAVE been paid have taken these basic steps and ensured payment!

 

Hmmm. Well, did one of these things - sent the item by recorded delivery !!!!

 

Didnt have the contents check (obviously!) or copy ALL the documents I sent (did copy the bills)...

[buzby]

In that case they cannot deny delivery, so why not write back saying you have copies of all the information sent, so whatever they feel is missing now or in the future, you'll be happy to send on an additional copy. Also add, 'For the avoidance of doubt, I will am fully asserting my rights under your cashback agreement and will not be responsible for errors on your part."

[analyst]

Give up?

 

The firms that offer these schemes never had any intention of paying out - when they could reasonably disallow making a payment due to non-compliance, they very quickly realised they were in such a strong position and made more money by wrongfully invalidating claims, most folk ended up letting them get away with it.

 

I'd like to go on and say if you hold out for your 'rights' you will be rewarded, but the bottom line is as they had never any intention of paying out, it is not an error you are trying to rectify, but an attempt to change their policy and enforce a payment that they will do everything in their power to resist, even if it means them going bust, as many have done.

Yet again, Busby blunders on to ignore the blindingly obvious in his ongoing tacit support for the phone companies. READ: http://www.consumeractiongroup.co.uk/forum/telecoms-mobile-fixed/109344-defeat-county-ct-cashback.html?highlight=lethem

[buzby]

Yet again, Busby blunders on to ignore the blindingly obvious in his ongoing tacit support for the phone companies. READ: http://www.consumeractiongroup.co.uk/forum/telecoms-mobile-fixed/109344-defeat-county-ct-cashback.html?highlight=lethem

 

Unfortunately for our 'analyst' friend he's only quoted the first part of the thread. Anyone reading on will note that this was a one-off decision by a DISTRICT judge and does nothing to help those who were blinded by marketing promises to get out of the arrangement. Since the bulk of the folk who have not been successful in getting their cashback claims met, taking a fly-by-night to court is just the right way to waste even more money.

[aniketh]

Onestopphoneshop has rejected 2 of my claims on the basis :

1st claim - didn't send the original bill, though the wellcome pack says photo copy is acceptable but terms and cond (received via email ) asks for the original

2nd claim - Onestopphoneshop is saying that i've send the bill early, should've waited for the bill which comes after 180 days.

 

Could anyone please advise me whether I have any chance of getting this back, if I take a legal action. And should I be making application for small claim at county court for the total cashback amount as they are saying that future claims are invalid.

 

Many thanks

[renhoicuk]

Hi,

 

I have succesfully claimed against OneStopPhoneShop and got all my money back with interest and court small claim court fees.

 

DO NOT LISTEN TO BUZBE, he clearly seems to have a campaign to discourage people from getting their money back. He clearly seems to work on their behalf.

 

There are risks with getting your money back and it is a process that is annoying but you can do it.

 

They will make every attempt not to pay and you will need to it to small claims court. However, it is very unlikely that it will ever actually go to court. They are wrong and what they are doing is not legal. If they loose it can set a precedent and they would loose a lot of money.

 

Make sure you document everything and write good letters explaining your legal standpoint and explaining the risk they run in taking this further.

 

Also, send a copy of this from the FSA about complex claim rules:

http://www.fsa.gov.uk/pubs/other/axa_undertaking.pdf

 

Even though they are not FSA regulated this shows what legal experts think about rules like this and could be used as a precedent.

 

Good luck.

[aniketh]

Many thanks for your advice, will take action accordingly.

 

Aniketh