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    Can they do this?

    i took out a contract phone deal from One Stop Phon Shop it was a 12 months free contract on a 12 month deal i forgot to claim on a one month and now they go if you forget once you cant claim on any other claims so no i basically lose so much money i was just thinking can they do this by law shes says its in the terms and conditions.
    any help would be greatly appreciated.

    24 Comments

    if its in the terms and conditions and you signed them when you took out the contract then you cannot do a thing

    Have you read the terms and conditions? Is it in there?

    If it is and you accepted them then I doubt there is much you can do - I reckon they only stay in business because so many people forget to claim there cashbacks according to the terms and conditions.

    Original Poster

    boothy;1640654

    if its in the terms and conditions and you signed them when you took out … if its in the terms and conditions and you signed them when you took out the contract then you cannot do a thing



    i didnt sign anything, i just rang up and ordered the phone.

    verbal contract?

    it will be in the T&C they will be covered...by accepting the phone or the contract you will be agreeing to their T&C you could try consumer direct but pretty sure you haven't got a leg to stand on

    it's definately in the Terms and Conditions, and is one of the basic cashback rules. Sorry mate

    If its in the T&C there is pretty much nothing you can do. The way most of the cashback companies make their money, is by hoping people forget to pay or apply one month etc. They are great deals, but you really do need to keep on top of the billing to take advantage.

    Looks like its bad news

    Original Poster

    bazzaric;1640701

    it's definately in the Terms and Conditions, and is one of the basic … it's definately in the Terms and Conditions, and is one of the basic cashback rules. Sorry mate



    yer ive read the contract cant find it anywhere that it says i lose all my claims if i forget to claim, this is worrying now cause then i will lose £420,

    i sent claim in to a cashback deal on first day i could 4 the first instalment. They sent me a letter 2 days after last day to claim saying unforunatly they hadnt received it in time, (2 weeks later)!!!

    All theives and cant be trusted.Ends up giving indians a bad name in my opinion as you end up asociating them with the rip off call centres.

    Original Poster

    that is the last time i will ever buy a cashback deal from these thieves.

    Banned

    The only reason these cashback deals exist is because they know a percentage will fail to send in the invoices and void their T&Cs.

    Lesson number one. Read the T&Cs and make sure you follow them to the letter. That way you will get your money back (unless they go bust of course!)

    guv;1641231

    The only reason these cashback deals exist is because they know a … The only reason these cashback deals exist is because they know a percentage will fail to send in the invoices and void their T&Cs.Lesson number one. Read the T&Cs and make sure you follow them to the letter. That way you will get your money back (unless they go bust of course!)




    Lesson 2, as i pointed out that doesnt garente your cashback! Make sure you send claims recorded delivery if your stupid anough to go cashback

    This is called an unfair contract term, whether you agreed to it is irrelevant.

    You will have to take them to court, because they will quote you this, that and the other, but you will almost certainly win your case.

    Go on MSE, there is a lot of information on there.

    It is in thier t&c that if you do not make (due to any reason) your first claim on right time then you can not claim any more cashback it happened to me(i made my first claim too early and been told that i can not make any more claim)but i wrote a latter to them that english is is not my first language and ( lot more exuses)i could not understand t&s properly and they paid my cashback

    Same thing happened to me, missed one cashback claim, was a few days late I think, then I got a letter saying that because I had missed one redemption, I would not be entitled to anymore cashback. It was alright for me because it was one of the last cashback claims so I didn't lose out on too much, but it did make me wary of these companies!

    Banned

    thesaint;1641435

    This is called an unfair contract term, whether you agreed to it is … This is called an unfair contract term, whether you agreed to it is irrelevant.You will have to take them to court, because they will quote you this, that and the other, but you will almost certainly win your case.Go on MSE, there is a lot of information on there.



    Got a link to a post where someone won their case as I've looked on there and couldn't see any, but being honest there are thousands of posts so didn't have time to read them all?

    colinsunderland;1642052

    Got a link to a post where someone won their case as I've looked on there … Got a link to a post where someone won their case as I've looked on there and couldn't see any, but being honest there are thousands of posts so didn't have time to read them all?



    I can't be bothered to search for links, but I used to be active on 'The Mobile Outlet' thread, it stretches on for over a year.

    "Google" 'Unfair terms in Consumer Contracts', I can't remember the relevant parts anymore, but it was something to do with the penalty to the consumer was disproportionate to the the term being broken.

    cornish;1641427

    Lesson 2, as i pointed out that doesnt garente your cashback! Make sure … Lesson 2, as i pointed out that doesnt garente your cashback! Make sure you send claims recorded delivery if your stupid anough to go cashback



    Lesson 3 - Learn to spell and use correct English

    Lesson 4 - go back to Lesson 1 and read the T&Cs fully and understand them completly

    EliTom

    elitom;1642727

    Lesson 3 - Learn to spell and use correct EnglishLesson 4 - go back to … Lesson 3 - Learn to spell and use correct EnglishLesson 4 - go back to Lesson 1 and read the T&Cs fully and understand them completlyEliTom



    Oh the irony.

    kevmcc;1643086

    Oh the irony.

    to be honest i dont think this would be a unfair contract term, as the contract is based on the notion that the customer accepts that the failure to send the cashbcok form on time would lead him to losing his cashback.
    on the contrary, it is a tad unfair, having studied contract law, i would say that the clause is not so onerous

    Original Poster

    i understand if u miss your claim but how can they say you cant get your other claims that is just not fair. im not perfect so i might forget im pretty sure they cant do that. and where does it say in the T&C as the ones i got with my phone doesnt say that.

    [SIZE="4"][COLOR="DarkRed"]If you have the T&C's to hand and it definitely does not say something along the lines of "Failiure to make a claim on time will invalidate all further claims" then I would contact them again and explain. They do operate under different terms for price match or clearance phones though, maybe a phone call to someone else might do the trick. :whistling:

    My family (through me) have used OSPS, E2Save & CPW for years now and have never had a problem with any of them. [/COLOR][/SIZE]

    Original Poster

    rang them yesterday they say its a price match deal and we sent out another T&C's seprate to your welcome pack and she goes if you didnt get it in 10 days i am supposed to ring back and ask for it. and guess what i have never got it just great £420 gone just like that.
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