Cell Phones

Is this considered a breach of contract?

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Is this considered a breach of contract?

I signed up for a phone plan with Rogers inside a wireless uptown store a few months ago and they promised me a $100 credit bill if I apply for their Rogers Mastercard. I applied, I got the card and here we are several months later and no credit was issued. I emailed them and they said there is a delay and it will take now between 6-8 weeks. So my question is, are they just dragging this on or can this be a basis for a breach of contract?
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It's a breach of the *credit card* contract if they don't deliver the bill credit... But I'm pretty sure it's not a breach of the phone plan contract. It's two entirely separate transactions, even though it was done in the same visit.
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wearysky wrote: It's a breach of the *credit card* contract if they don't deliver the bill credit... But I'm pretty sure it's not a breach of the phone plan contract. It's two entirely separate transactions, even though it was done in the same visit.
It's not a $100 credit on the credit card statement, it's suppose to be a credit on my Cell phone bill statement. I know this because when I called Mastercard they've never heard of such promotion so it's right there and then that I realized it was part of my cell phone bill. Does that change anything based on your comment?
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OrangeBerry wrote: It's not a $100 credit on the credit card statement, it's suppose to be a credit on my Cell phone bill statement. I know this because when I called Mastercard they've never heard of such promotion so it's right there and then that I realized it was part of my cell phone bill. Does that change anything based on your comment?
Nope. It's still a credit being offered for signing up for the credit card, nothing to do with your cell phone contract itself.
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wearysky wrote: Nope. It's still a credit being offered for signing up for the credit card, nothing to do with your cell phone contract itself.
The $100 was still mentioned in the four corners of a piece of paper which is considered a contract. I'm not disputing that it was or wasn't part of the cell phone contract but it was mentioned on paper so why doesn't that qualify for a breach of contract?
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OrangeBerry wrote: The $100 was still mentioned in the four corners of a piece of paper which is considered a contract. I'm not disputing that it was or wasn't part of the cell phone contract but it was mentioned on paper so why doesn't that qualify for a breach of contract?
I'm confused - is the $100 bill credit listed on your phone contract, or the contract for when you signed up for the card? I've never seen them do that before. If it's on there, then yes, it'll be a breach if they *never* deliver it. But as they've indicated they intend to deliver it within the next 6-8 weeks, unless that contract specifies "$100 bill credit within X number of days", it's not a breach.
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wearysky wrote: I'm confused - is the $100 bill credit listed on your phone contract, or the contract for when you signed up for the card? I've never seen them do that before. If it's on there, then yes, it'll be a breach if they *never* deliver it. But as they've indicated they intend to deliver it within the next 6-8 weeks, unless that contract specifies "$100 bill credit within X number of days", it's not a breach.
So i called them and they said it's a verbal agreement, not written in the contract. I'm still confused wouldn't an agreement still be a verbal contract and they've breached it? They even admitted to agreeing to it back then when I called. At what point does a delay turn into a cause for breachment?
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OrangeBerry wrote: So i called them and they said it's a verbal agreement, not written in the contract. I'm still confused wouldn't an agreement still be a verbal contract and they've breached it? They even admitted to agreeing to it back then when I called. At what point does a delay turn into a cause for breachment?
As far as the CCTS is concerned (I'm assuming you're hoping to bust out of your contract because of this breach, so you'd have to file a CCTS complaint to do so), if they didn't specify an exact timeframe for when you'd get the bill credit, it doesn't matter HOW long they delay it as long as it's delivered at some point within your contract period. And as far as "verbal contracts" go - unless there's a recording of said verbal contract, you won't even be able to get *that* far with a CCTS complaint. It comes down to your word against theirs.
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wearysky wrote: As far as the CCTS is concerned (I'm assuming you're hoping to bust out of your contract because of this breach, so you'd have to file a CCTS complaint to do so), if they didn't specify an exact timeframe for when you'd get the bill credit, it doesn't matter HOW long they delay it as long as it's delivered at some point within your contract period. And as far as "verbal contracts" go - unless there's a recording of said verbal contract, you won't even be able to get *that* far with a CCTS complaint. It comes down to your word against theirs.
They emailed me back stating there was a delay and it will take 6-8 weeks, isn't that admission of guilt?
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OrangeBerry wrote: They emailed me back stating there was a delay and it will take 6-8 weeks, isn't that admission of guilt?
It's not an admission that it was promised as part of your contract - just an admission that they promised to give it to you *at some point*. Proving a breach of contract is *extremely hard*, carriers tend to work very hard to make sure their asses are completely covered from a CCTS point of view.
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wearysky wrote: It's not an admission that it was promised as part of your contract - just an admission that they promised to give it to you *at some point*. Proving a breach of contract is *extremely hard*, carriers tend to work very hard to make sure their asses are completely covered from a CCTS point of view.
I'm not trying to get my services cancelled or refunded I just figured they would do *something* for my inconvenience and breaking their promise.
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OrangeBerry wrote: I'm not trying to get my services cancelled or refunded I just figured they would do *something* for my inconvenience and breaking their promise.
What promise? It sounds like they never said exactly when you'd get the credit. They're working on delivering on their promise of giving you a credit and that's all the CCTS would care about if you went that route.
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Devhux wrote: What promise? It sounds like they never said exactly when you'd get the credit. They're working on delivering on their promise of giving you a credit and that's all the CCTS would care about if you went that route.
They said initially 2nd or 3rd billing cycle, it was clear as day. I only applied for the MC because of that incentive, otherwise I would have never applied at all so I know I remember asking when the credit would apply. I understand there might not be any grounds for anything but there has to be a line that's crossed where I eventually give up and say something because I didn't sign up for nothing.
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OrangeBerry wrote: I'm not trying to get my services cancelled or refunded I just figured they would do *something* for my inconvenience and breaking their promise.
What inconvience? Paying full price on your bill for a few months now instead of in the future?
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wearysky wrote: What inconvience? Paying full price on your bill for a few months now instead of in the future?
They owe me $100 credit, that's the problem. I've yet to determine if there is a future of any credit which is my concern.
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OrangeBerry wrote: I signed up for a phone plan with Rogers inside a wireless uptown store a few months ago and they promised me a $100 credit bill if I apply for their Rogers Mastercard.
Are you sure that this was for a $100 credit on your Rogers bill? If so, then it was from the third party reseller (Uptown Wireless) and not Rogers themselves. You should be going back to Uptown Wireless with the issue. A quick Google search shows that Rogers hasn't had a $100 credit promo on their Mastercard since 2017. However, one of the features of this Mastercard is a $100 travel credit.
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Mulder and Scully wrote: Are you sure that this was for a $100 credit on your Rogers bill? If so, then it was from the third party reseller (Uptown Wireless) and not Rogers themselves. You should be going back to Uptown Wireless with the issue. A quick Google search shows that Rogers hasn't had a $100 credit promo on their Mastercard since 2017. However, one of the features of this Mastercard is a $100 travel credit.
Maybe I should have specified, I was dealing with Uptown Wireless directly and not Rogers. That is why I was asking what options I had when dealing with them (3rd party). They did however asked me to wait an additional 6-8 weeks which I have no choice but curious as to what my options were after the fact.
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OrangeBerry wrote: They owe me $100 credit, that's the problem. I've yet to determine if there is a future of any credit which is my concern.
Unless specified otherwise, there's no redress for a delay in applying the credit, really. The only redress is if they fail to ever provide you with the credit. My *guess* is that they're delaying it to ensure that they get their commission (most referral commissions require that you stay signed up for X amount of time). The limit on when you could conceivably say they are never going to give it to you is probably the end of your current contract, unfortunately, although with "verbal contracts" and nothing in writing other than the email where they said it would be delayed another 6-8 weeks, it's really hazy territory at best.

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