Cashback Guide for Dummies

I'm honoured; my post (or most of it complete with some original barbs) made it onto their forum (albeit with name change and no answers on here). Good of them to thank me for it - especially without doing it on here where I might actually have appreciated their concern and SEEN it!

Strange. Two weeks ago (following a month of "contacting their cashback team" by phone and email) they sent me an email saying the exact opposite. Further, several people even this WEEK have been informed their proper claims were REJECTED by the cashback team. I'm ignoring what they say; I have told them what I will do if they don't pay so now it's their choice. I actually suspect they'll make the right one but I'm good to go if they don't.

Maybe they can look at the many other things they are now doing wrong too. Nah; they need to change their spots before they get a heart. I wonder what the IIC thought of my post? Maybe they've pinched a few more of my many praiseworthy scribblings and I never even knew?

And to think I have been known to recommend them - now I must seem like their worst enemy. Oh well - you have to respond in the way you are treated. Maybe they should take THAT to heart and start treating their customers with respect, consideration and honesty as they once did instead of platitudes, deceit and a floating pitch.

On reflection, it's actually very much in line with their true colours. I mean, what's the point in telling ME to contact their cashback team when they moved my comments somewhere else where I've never joined and therefore had no access to rather than doing so on here where I actually made them and might see their answer? More smokes and mirrors it seems! Still, thanks to their transfer and someone else drawing it to my attention on here so I am actually aware of it I can now correct some typos I see I made! Still... I feel so used... sob sob...part of the good old propoganda machine...

Could it be that if they answered it one here to my real username too many people would see it and take them up on their suggestion? Then they aren't even as bright as I took them for - otherwise they'd do just that to keep the money rolling in on that 0871 number... No, I'm convinced; the IIC IS behind this!

Actually it's remarkably brave to put my post on their forum - considering it's telling customers to stick to their guns and going through the Letter Before Action process. Oh, by the way (in case anyone's fallen asleep yet and doesn't realise - I am their "E2savenomore". A bit puzzling though - I'm sure I've seen THAT username before and don't think it was me! Interesting too - they are obviously reading the flack on here but haven't actually come on to deal with it sensibly - at least, not admitting they are who they are. Whoops - don't want to give the IIC another bad idea to go with all his others...

Very sad all told; despite all I've said this is one of the better companies -
so it don't say a lot for the rest, do it??? Maybe I should be an optimist though; after all, if a company change so much, so fast for the worse perhaps it can reverse the process? Ok, ok; I know, really. What WAS I thinking? Maybe they should go into politics instead - seems equally matched to their talents.

I'll end now I've stopped laughing about this with something that makes me start laughing again. You may not believe this, but if you searched for hours you'd find the postings; in my early days of actually joining this forum to write things on here instead of merely reading (and it's not actually very long ago despite my following these thread for something like 2 YEARS!) I was actually accused of working for this company! I doubt the person or people suggesting that then would think so now - shame though, how a company can destroy what it's taken years to build. And yet... I live in hope! Maybe the IIC will grow a brain or someone with one will take his place.

I would say I'm open to bribery - but I still have integrity so it's unlikely they'd try. Still... Lol!

Since this question pops up at an increasing rate now that the dealers have decided to avoid their commitments on the cashback deals they offer and one or two people have requested something on it I trust it helps to address it here.

WHAT IS IT? In essence, it's a final written notification to the other side that they have broken the terms and conditions of your contract with them and giving them one last chance to change their minds and pay up.

WHAT IS THE OBJECTIVE? I started to write that the main objective is obvious, but it isn't quite that simple! Firstly, there may be several objectives and which is most important to you will depend on various factors (as will most of the detailed content of the letter!). So, perhaps a short list would be better for the potential/likely objectives in order for individuals to consider this properly in their own situation:-

1) To encourage them to pay without further delay
2) To cover yourself if/when you get to court to show that you've acted reasonably and done everything in that vein to avoid having to sue
3) To set your case up (where appropriate) so you can claim ALL the cashback due under the contract rather than merely the current claim.
4) To have something on record so that even if they DO pay on this occasion you can show on a later one that they breached the terms and conditions previously
5) To set a standard in case you have other contracts with them

Of these, the first two are the most important generally.

When do you send it? Firstly, you cannot send it until they have actually breached the contract - either by declining a claim or by not paying it on time. This then becomes more of an art than a science; if you send it off the first day they are late paying when they've fulfilled all the other parts of the contract without problems it might seem a bit unreasonable. At the other extreme, you would be foolish to wait MONTHS (as many seem to!) swallowing a pile of lame excuses or simply silence! I would suggest you "prod" them once or twice first and see what response you get. Try the polite and reasonable approach and do it via email or letter mainly (possibly supplemented by phone calls noting the name, date/time and what was said). Records and proof are crucial - but don't stir things up by pointing this out to them in anger - it may make them reluctant to sort it out, put their backs up in return and avoid saying anything which may help you (one way or another!). With some companies the pre-LBA communications can reasonably be done prior to their actually breaking the contract. Most dealers are now paying later and later and blowing the t&c out of the window. This usually becomes fairly apparent from these threads and the "stages" of the claims process they (pretend) to go through before YOU get the CHEQUE.

What should it contain? Let's say at the outset that this should be fairly courteous, business-like, clear and specific. You do NOT have to give away all your evidence at this stage. The better this is set out and written, the more likely it is they will be impressed and concerned about your intent and ability. SO; spelling, grammar, layout and organisation of this letter may make a difference. They may not - but it certainly CAN'T do any harm at the very least! Therefore draft it carefully, check it and get someone else to check it (not me please! Lol!). Like any proper letter, it should include your name and address, their name and address, a heading - with the contract/mobile/reference number in it - then the body of the text. This should state clearly and succinctly what it is that has happened, what they have failed to do under the terms and conditions of the contract, what you have done to try to sort it out - and their response (objective please!). Be clear and reasonable, then state what you expect them to do to comply with the terms of your contract followed by what YOU will do if they don't. What THEY should do should have a TIMESCALE to be done by. Remember, it doesn't have to be a month but just 7 days might appear unreasonable. 10-14 days might be best. The "what you will do if they don't" will be to commence a legal claim to enforce the contract and recover your money (specify the amount - often it will be ALL the remaining cashbacks as well as this one since they have fundamentally breached the contract), plus court fees and statutory interest and incidental costs (although you should state the amount you would claim under the contract you don't need to put amounts for the rest at this stage). It's unlikely you'd get much else in the way of incidental costs, but personally if I had to claim I'd stick on a few quid for postage, phone calls etc - and you might get some minor expenses for attending court (most unlikely you'd need to BUT you have to assume you will from the start).

Where do I send it? There's only ONE place to send it; the registered office of the company (not necessarily the same company name as the dealer's website). It is (I believe but could be corrected!) not necessary to send this recorded delivery, but there's no harm if you did.

What do I do afterwards? Firstly, you must decide if you WILL sue! It's not compulsory to do so just because you sent the LBA - though (obviously) if they don't pay up and you don't sue the game's over, pretty much! However, if you have NO intention of suing it's still worth considering a LBA - giving them a full 14 days to comply and sending it first class. Most of these dealers have no intention of going to court and so credibility is very important with this. If they are simply late payers and you aren't going to sue it's worse to send a LBA than if they have declined your claim AND with it (often) ALL remaining claims. Bear in mind the boy who cried wolf though - if you have other contracts and they call your bluff successfully on this one you're likely to fair game from then on! Personally, I'd almost certainly sue if I didn't get the desired outcome (which might be that they DON'T comply! Lol!). Should I be suing for ALL the cashbacks I'd be very happy to commence a claim via moneyclaim the day after the "ultimatum" expired. Otherwise I might wait a little longer - but not TOO long! This is moneyclaim, where you can not only commence procedings from the comfort of your home (or wherever) but also find information to read on any aspect of the procedure you may need:-

https://www.moneyclaim.gov.uk/csmco2/index.jsp

Should I use my legal expenses insurance cover? Many people have this as part of their home insurance policies without realising it (or have forgotten!). The answer depends on several things. Firstly, is there a minimum claim and/or an excess which you have to pay? Next, would it affect your ncb in any way? Now, the advantages; your LBA will have more credibility, you may not have to pay the court fee and you should get expert and objective advice. The main disadvantages are that it will take a fair amount longer (2-3 weeks, maybe more!) and any court application may be a little differently done (possibly their costs for losing might be slightly higher too!). You have to bear in mind that judges in the County Court tend to make some allowance for individuals going it alone, although it is still the underlying law which will apply. I have sued one holiday company twice and won both times; the first time I did it alone, the second I used legal expenses. I got great results both times and it's not easy to say which is best! I do like more control of what's going on though - and you can also get legal expense companies doing every thing they can to avoid suing OR accepting your claim with them. It's an art (again) to know how far you can go with them and how good they are. Recently I have gone the LBA route with one dealer and am ready to with another; both times I have used the legal expenses service and once I've agreed the approach with them it has been quite helpful. This is a decision only someone with legal expenses can make!

Suppose I issue procedings and they make an offer? A while back I was dumbfounded when someone called it a victory because the defendant had contacted them, offered them the money they had claimed BUT not the court fee - and they were SO glad to GET the payment of their latest cashback claim that they accepted. Not me! THAT'S no "victory". It had cost the dealer zilch but the customer about £30 - just to get a cahnack of about £84 that they had been entitiled to weeks before! Nope; listen politely, but accept nothing less than the money you've claimed (ALL the cashback under the contract if that was it and you have a good case!) PLUS the court fee. Anything else might be a bit presumptuous, although if I had claimed a few pounds (be reasonabe though!) for postage and telehone calls I might hold out for that too! After all, the last thing this dealer wants to do is to actually have a court hearing, normally. I think the person who accepted that offer now regrets it - not only did it cost them £30 to get the money they should have had in the first place but they've continued to have difficulty getting money from later claims. Don't make the same mistake! Would THEY let you off the hook at THEIR expense? Sometimes I wonder if some of the people on here might answer "yes"! Lol!