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clarie
15-11-2005, 13:57
GRRRRRRRRRR

I got a phone with 3 through dialaphone a few months ago on one of these stupid 'claim your money back after 3, 6 and 9 month' deals. That was a mistake.

Basically after I bought my phone I changed the number. Anyway after 3 months was up I sent off for my redemption cheque on time, before the 17th of September, only to have it rejected. When I called up to ask why, it turned out it was because I hadn't informed them of my new number. Fair enough I guess, and she updated the system. However when I wrote off again explaining the situation, enclosing their letter dated the 13th of September (which proved I had applied on time for the cashback), I was once again rejected. I called up, rather annoyed, and asked why I had been rejected, and they said it was because I had applied after the 17th September. I explained that, as I had stated and proved in my letter, I had originally applied on time. However, she claimed, it wasn't their fault that they hadn't known my number had changed. Nowhere does it state that if I change my number I have to inform Dialaphone or my cashback will be denied.

The girl I spoke to passed it onto her team leader and said she would call me back in a couple of weeks and that I wouldn't have to write in again for a third time. I didn't hear though, and I called again yesterday only to be told my claim has been rejected. GRRRRR. Spoke to another team leader who promptly cut me off, then called me back to say that she couldn't make any promises, but if I wrote in again, including the original letter dated the 13th September, she might be able to do something. I was livid by this point. What do you mean you can't make any promises??? And why do I have to write in AGAIN???

Anyway I was looking for the letter today and can't find it, if I recall correctly when they wrote back to me they didn't enclose their original letter, but luckily I took a copy of it. Except I noticed this letter is not on headed paper. So once again I called dialaphone to explain this, and to make sure that it wouldn't be rejected on this point. Had another debate with another call agent who was arguing that I should have known that I needed to inform them of my change of number. I asked him if it stated on their records that they had written to me on the 13th of September, and he said yes, so I asked in that case why do I have to write in again to prove that? He said basically that I just should.

More annoyingly when I spoke to this team leader yesterday I asked to speak to HER manager and was told that if I want to contact a higher manager than her, I have to do it in writing.

I am so annoyed. I will write again but I do not expect to get my money back. Has anyone had a similar problem and can anyone advise me of what to do?

Nidge
16-11-2005, 07:58
There was a company on Watchdog the other week who were doing the same to customers, they were offering £100 back after 6 months, when the customers had been connected for 6 months, the company were using all sorts to get out of the deal. When Nicky Campbell paid the guy a visit he soon paid up.

littld
16-11-2005, 08:07
GRRRRRRRRRR

I got a phone with 3 through dialaphone a few months ago on one of these stupid 'claim your money back after 3, 6 and 9 month' deals. That was a mistake.

Obviously I feel sorry for you, but I have had 3 different contracts with Dialaphone and each time have received all of the claims as promised. They have never lost anything and I have saved a small fortune.

The last deal I got with them ended up giving me 500 xnet minutes and 200 texts for less than £5 a month after taking the claim refunds into account.

etccarmageddon
16-11-2005, 08:27
I think you have 2 options here - taking them to court and trading standards. I'd be straight on to TS - you can complain by email so it's dead easy to get the ball rolling.

etccarmageddon
16-11-2005, 08:29
Obviously I feel sorry for you, but I have had 3 different contracts with Dialaphone and each time have received all of the claims as promised. They have never lost anything and I have saved a small fortune.

The last deal I got with them ended up giving me 500 xnet minutes and 200 texts for less than £5 a month after taking the claim refunds into account.I dont understand what your point is - other than, dialaphone dont rip off all their customers? Thanks to Clarie I will ensure anyone who asks about them will be made aware of their 'customer service' and will not buy my next phone from these cowboys.

clarie
16-11-2005, 08:55
I have informed the team leader I spoke to that I know exactly what is going on - that they organise these deals in such a way as to minimise the number of people who actually end up getting their money back. My sister had a similar problem, not with Dialaphone but with someone else, but this is why they do these redemption offers as they do, rather than just taking the correct amount of money from you in the first place.

I am trying to get the name of the CEO so I can write to him as well.

littld
16-11-2005, 09:26
I dont understand what your point is - other than, dialaphone dont rip off all their customers? Thanks to Clarie I will ensure anyone who asks about them will be made aware of their 'customer service' and will not buy my next phone from these cowboys.

Sort of. I have never been ripped off by them. I don't know what proportion of customers feel they have been. I was just adding my personal experience for a bit of balance. I feel the service has been excellent (e.g. way better than ntl, o2 or BT) and I have saved a lot of money.

Yes, they rely with these schemes on lots of people forgetting to claim the vouchers back. But if I stick to the terms & conditions then I feel I have a right to expect them to as well.

I would not hesistate to use dialaphone again and in fact I recommend them to everyone I know.

clarie
16-11-2005, 09:30
Yes, they rely with these schemes on lots of people forgetting to claim the vouchers back.But if I stick to the terms & conditions then I feel I have a right to expect them to as well.

That's precisely the point, they don't stick to the terms and conditions.

littld
16-11-2005, 09:38
That's precisely the point, they don't stick to the terms and conditions.

I think they do. If you had got your voucher in on time and hadn't changed your number you would have been credited with the cashback.

I wouldn't consider changing my number part way through a contract without informing my provider.

I'd recommend pay-as-you-go if you want simplicty. Deals like Dialaphone are really for people who want to save money and are prepared to put up with a bit of hassle to save it.

Russ
16-11-2005, 09:40
I think they do. If you had got your voucher in on time and hadn't changed your number you would have been credited with the cashback.

What clarie did was to port her number in from an old account, something that people do a LOT.

It wasn't changed halfway through, it happened when she opened the account. She was on the original number for the first few days which is how long it takes to port the number. This is the first time I've heard of an airtime provider requiring you to tell them this. My initial reaction would have been that the netowrk would have automatically updated them or that they'd have arranged it between the two companies.

To me this just sounds like Dialaphone using any means neccessary to make it more difficult for customers to get their money back.

Deals like Dialaphone are really for people who want to save money and are prepared to put up with a bit of hassle to save it.

But why should anyone have to put up with "a bit of hassle" when they openly offer the discount to people?

clarie
16-11-2005, 09:43
I think they do. If you had got your voucher in on time and hadn't changed your number you would have been credited with the cashback.
I did get my voucher in on time. The fact that I had changed my number is neither here nor there because I was never informed that I had to tell Dialaphone about this.
I wouldn't consider changing my number part way through a contract without informing my provider.
It was Dialaphone who advised me on how to go about porting my old number across and did not at any point inform me that I needed to let them know I had done it.

The point is, as russ says, why should I have to go through hassle to get back what is rightfully mine? It may be obvious to you that you should inform them of the change to your telephone number, but not me, and I like to think I am quite clued up on the whole mobile phone thing.

Paul K
16-11-2005, 09:49
Unless it is written in small print in the contract or on a site (if they have one) then you have a good point. All I can sugest is that you double check everything so that you can throw as much at them as possible if they are in fact in the wrong. Always check your small print, always check the website for Ts and Cs if the company has one and always make sure you have as much information as possible just in case.
Do you still have your original contract and paperwork? When you say you changed numbers did you change providers too?
Unless we have specifically agreed to sell you a phone on a handset only basis we only agree to sell or supply a phone to you on the basis that you enter into an airtime agreement to connect the phone we supply to an airtime provider for a minimum period of 12 months on the particular network and tariff that is associated with the phone. If there is a connection fee and/or a delivery charge, you must also pay that. The reason we insist on this is because mobile phones typically are worth several hundred pounds and we can only sell or supply a phone either free or for a price far below what the phone is worth (depending on the model or offer) if you also enter into such an airtime agreement. Your contract for airtime is not with us but is with a separate airtime provider.

If we deliver a phone to you (other than a handset only phone) and you do not enter into the associated airtime agreement or you cancel your agreement AND do not return the phone to us (or where permitted under paragraph 10 do not enable us to collect it) we will charge you the retail price of the handset only phone. Our price list is on the website or available on request.
From the terms and conditions that you can access when buying a phone on the dialaphone site. If you changed your service provider without telling dialaphone that it had been completed and you were now on a new service provider then you probably breached your contract with them.
Here's the dialaphone CS link
https://www.dialaphone.co.uk/cs/

littld
16-11-2005, 09:56
I did get my voucher in on time. The fact that I had changed my number is neither here nor there because I was never informed that I had to tell Dialaphone about this.

OK. If I felt that the service was unfair and they had not met the conditions of the contract, I would:

1. Cancel any direct debit with them
2. Return the phone, stating that they have broken the terms

I might ring them first to warn them that was what I was going to do - just to give them a final chance.

It is very unlikely that they could claim against you if they have not stuck to the agreement themselves.

clarie
16-11-2005, 10:05
From the terms and conditions that you can access when buying a phone on the dialaphone site. If you changed your service provider without telling dialaphone that it had been completed and you were now on a new service provider then you probably breached your contract with them.
I didn't change the service provider. I used to have a phone with Vodafone. Then I signed up for this deal with 3, through Dialaphone. So i requested that code from Vodafone that allows you to port your number over, and automatically shuts down the Vodafone account. (PAC or something.) So when I got my new phone, I gave the PAC code to 3, and they changed the number they had given me back to my old number from Vodafone.

For some reason I can't find the T&C they sent me but I have looked at the Dialaphone website and read them there, and it doesn't say anything about porting your number over.

Paul K
16-11-2005, 10:07
I cannot see how dialaphone have an excuse then, apart from the fact that their paperwork and therefor your contract has the original number on it, that's probably what tripped up the claim. Mis-match of details. Think you may struggle to get your money but it's always worth the try.

clarie
16-11-2005, 10:10
I cannot see how dialaphone have an excuse then, apart from the fact that their paperwork and therefor your contract has the original number on it, that's probably what tripped up the claim. Mis-match of details. Think you may struggle to get your money but it's always worth the try.
I am writing to the the team leader, the managing director, and the CEO. I am informing them all that if I do not get my money I will seek legal advice. Cowboys.

Chris
16-11-2005, 10:32
I am writing to the the team leader, the managing director, and the CEO. I am informing them all that if I do not get my money I will seek legal advice. Cowboys.

Give them 28 days from the date at the top of your letter, and make clear that you are copying to trading standards now for their information.

Also point out that their T&Cs do not exclude you for porting a number and do not exclude you for not telling them you have ported a number, and make sure you use the phrase 'if this matter is not resolved to my complete satisfaction within 28 days I will consider you to be in breach of our contract and will seek legal advice.' Take no prisoners. (don't put that bit in!)

Keep the letter short and to the point. Such letters are a lot more threatening than long, rambling and angry ones.

clarie
16-11-2005, 10:38
Keep the letter short and to the point. Such letters are a lot more threatening than long, rambling and angry ones.
Good advice. One thing though - the letter I have written is currently about 1000 words - not really angry ramblings but more a summary of what has happened so far. Do u think this is too long?

orangebird
16-11-2005, 10:47
Good advice. One thing though - the letter I have written is currently about 1000 words - not really angry ramblings but more a summary of what has happened so far. Do u think this is too long?

Possibly - you do need to make sure you've covered all the goings on so far, but don't get 'subjective' about it. Just state facts, and tell them you're going to take it futher if it's not resolved to your satisfaction. :)

clarie
16-11-2005, 10:51
Possibly - you do need to make sure you've covered all the goings on so far, but don't get 'subjective' about it. Just state facts, and tell them you're going to take it futher if it's not resolved to your satisfaction.
Do you think I should not say words like 'disgusted' and 'unhappy' then - because I have :erm:

etccarmageddon
16-11-2005, 10:53
I'd say you end it with a sentence telling them how digusted you are with the service but dont pad out the rest of the letter with angry etc adjectives which get in the way of stating facts clearly.

Chris
16-11-2005, 10:53
Do you think I should not say words like 'disgusted' and 'unhappy' then - because I have :erm:

Use them, but use them sparingly. You could perhaps consider writing your complaint as a covering letter, and enclosing your log of dealings so far as a separate sheet. If you can date and time the events on the log sheet, that will really put the **** up them, county courts love that kind of detail.

Russ
16-11-2005, 10:54
Oh go on, post it here - you know you want to :D

etccarmageddon
16-11-2005, 10:55
I'd also round of the letter with 'I believe you are diliberately trying to find ways to avoid paying me.' make it clear you know what they are up to.

orangebird
16-11-2005, 11:00
Do you think I should not say words like 'disgusted' and 'unhappy' then - because I have :erm:

No, they're good words, but make sure you only use them once or twice...

clarie
16-11-2005, 11:20
Ok here it is:


Dear Mr X and Mr X

I am a customer of yours, and am writing to inform you of the very poor service I have received from your company. I have so far been unable to claim back my first redemption cheque despite having applied well before the deadline. I have enclosed for your information a log of the events that have so far taken place.

As you will see, the main problem appears to be that I ported over my old telephone number as soon as the contract began but did not inform Dialaphone. However, I sought advice from Dialaphone regarding this process when I first agreed to the contract, and was not informed that I had to tell you if I did change my number, nor that it would have any effect on the deal I signed for. In short, the terms and conditions of my contract do not exclude me from this deal for porting a number, and furthermore they do not exclude me for not telling you that I have ported over my number.

I am thoroughly disgusted that I have so far been unsuccessful in claiming my cheque for £X, and also very unhappy that I have spent a lot of time and money calling your 0870 number and writing to you in an attempt to resolve this issue. I believe that you are deliberately trying to find ways to avoid paying me, and this is absolutely unacceptable.

I am sending to X, one of your team leaders, my telephone bill dated the 18th August, and a copy of the letter you sent to me on the 13th of September, and a further copy of these documents to yourselves. I am also sending a copy of this letter to Trading Standards, for their information. If this matter is not resolved to my complete satisfaction within 28 days of the date of this letter, I will consider you to be in breach of our contract and will seek legal advice.


Yours Sincerely,

Chris
16-11-2005, 11:32
Ok here it is:



Very good, just one thing to add, which is what you want them to do. Add as a second-to-last sentence, something along the lines of:

"I am confident that I have met all the necessary criteria specified in your offer and now expect my claim to be satisfied without delay."

Then carry on with "If this matter is not resolved" etc.

etccarmageddon
16-11-2005, 11:54
weren't cashbacks supposed to now be regulated after all those sofa type firms offered cashbacks but then didn't honour them? I thought the money was supposed to be 'protected' or ring fenced?

etccarmageddon
16-11-2005, 12:02
the letters good by the way

littld
16-11-2005, 12:27
Good luck. Let us all know how you get on.

Wakar
17-11-2005, 09:18
Ok here it is:

Quote:

Dear Mr X and Mr X

I am a customer of yours, and am writing to inform you of the very poor service I have received from your company. I have so far been unable to claim back my first redemption cheque despite having applied well before the deadline. I have enclosed for your information a log of the events that have so far taken place.

As you will see, the main problem appears to be that I ported over my old telephone number as soon as the contract began but did not inform Dialaphone. However, I sought advice from Dialaphone regarding this process when I first agreed to the contract, and was not informed that I had to tell you if I did change my number, nor that it would have any effect on the deal I signed for. In short, the terms and conditions of my contract do not exclude me from this deal for porting a number, and furthermore they do not exclude me for not telling you that I have ported over my number.

I am thoroughly disgusted that I have so far been unsuccessful in claiming my cheque for £X, and also very unhappy that I have spent a lot of time and money calling your 0870 number and writing to you in an attempt to resolve this issue. I believe that you are deliberately trying to find ways to avoid paying me, and this is absolutely unacceptable.

I am sending to X, one of your team leaders, my telephone bill dated the 18th August, and a copy of the letter you sent to me on the 13th of September, and a further copy of these documents to yourselves. I am also sending a copy of this letter to Trading Standards, for their information. If this matter is not resolved to my complete satisfaction within 28 days of the date of this letter, I will consider you to be in breach of our contract and will seek legal advice.


Yours Sincerely,
Hi claire,

id also get them to pay for the all phones cal you have had to make to the 0870 numbers, send them a copy of your bills noting each and every call.

regards
wakar

Chimaera
17-11-2005, 09:47
You can always try the Consumer Direct website for your rights and help with your claim. http://www.consumerdirect.gov.uk/
They were extremely helpful when I was having washing machine problems a few months ago, to the extent that I got a new washing machine!
Good luck with the claim.

clarie
17-11-2005, 20:48
Well I have sent the letters...

Sent one to this team leader, one to each of the CEOs, one to the managing director and one to my local Trading Standards department.

Hope something comes of it. My friend told me today though that her cousin had a similar issue, not sure if it was with Dialaphone but basically she applied on time, and had a receipt to prove it, and they still didn't pay up.

etccarmageddon
17-11-2005, 20:57
we almost purchased a phone from them last month but were put off by the small print - ie. the price/offer was subject to redemptions.

clarie
26-11-2005, 14:18
:shocked:

Well thanks for your advice everyone!

In the last few days I have received a letter, an email, a text and two phonecalls to let me know that I will be receiving my money! Sure put the ***** up them!!!

The second phone call was to let me know that if I send them my phone bill they will reimburse me for the cost of calling them to sort this all out!!

Result...

handyman
26-11-2005, 14:40
well done

littld
27-11-2005, 16:44
:shocked:

Well thanks for your advice everyone!

In the last few days I have received a letter, an email, a text and two phonecalls to let me know that I will be receiving my money! Sure put the ***** up them!!!

The second phone call was to let me know that if I send them my phone bill they will reimburse me for the cost of calling them to sort this all out!!

Result...

As I expected, Dialaphone came though.

Just shows you can't judge a company on the first 2 weeks of service.

Russ
27-11-2005, 22:24
As I expected, Dialaphone came though.

Just shows you can't judge a company on the first 2 weeks of service.

2 weeks of service?? Where did you get that from?? :disturbd:

etccarmageddon
27-11-2005, 23:02
As I expected, Dialaphone came though.

Just shows you can't judge a company on the first 2 weeks of service.what are you talking about! :confused: they're thieving ******s.

clarie
27-11-2005, 23:12
As I expected, Dialaphone came though.

Just shows you can't judge a company on the first 2 weeks of service.
Do you work for Dialaphone or something??:confused:

All this proves is that the words 'Trading Standards' and 'breach of contract' carry a lot of weight these days.

And 2 weeks has nothing to do with it...I have been with them for 6 months, and have been trying to claim back my money since September.

Chris
28-11-2005, 11:02
As I expected, Dialaphone came though.

Just shows you can't judge a company on the first 2 weeks of service.

What the ....

As you expected? Nothing in this thread can have given you reason to expect this would sort itself out without some kind of legal threat to Dialphone. Cashback scams are one of the most popular, legal dirty tricks around today. I am quite sure they pull this on a daily basis, finding the smallest reason to disqualify customers in the hope they give up and go away.

Well, Clarie did not go away. Thankfully!