e2save problem (merged threads)

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  • ric3vic
    ric3vic Posts: 126 Forumite
    First Post First Anniversary Combo Breaker
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    None, it's just their standard letter.
  • mobilejunkie
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    wolfman got cheques but with strings (i.e. changing his original t&c to suit their way of doing things) and refused the "offer". I believe his information is earlier on this thread and he is pursuing them through the courts having not cashed the cheques.
  • Quentin
    Quentin Posts: 40,405 Forumite
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    ric3vic wrote: »
    None, it's just their standard letter.

    You can cash the cheque - it won't affect your MCOL (Keep a copy plus the envelope it came in)

    Don't contact them - just let the MCOL run its course.

    If they don't defend it, you ask for judgement in respect of the balance owing from the original claim.

    If they do defend it then you need to decide on your action after seeing the defence (as always - irrespective of any part payments received). But if you decide to then continue, the original case will proceed over the balance still outstanding.
  • mobilejunkie
    mobilejunkie Posts: 8,460 Forumite
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    Now that most (but not all!) people finally seem to realise that the "price-match" t&c are different to what they're used to (AND to the ones this lot are actually using) be very careful. The so-called "price-match" t&c quietly disappeared after Christmas and have been replaced by different ("normal" t&c. Anyone NOW signing up to a deal should follow the groundrules and find, read, understand and print out WHATEVER t&c they actually sign up to. It seems that it doesn't actually take very much to mislead and confuse people so this is either a) a way of making things clearer or b) an attempt to go backwards so people (having been trained to follow the new t&c) get it wrong with the old ones! Of course, I can't possibly comment on the why...
  • ric3vic
    ric3vic Posts: 126 Forumite
    First Post First Anniversary Combo Breaker
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    To complicate matters: I've just been told by MCOL that my application is invalid. They will refund the court fee, but if I want to pursue this I must launch a fresh action.
    I'll wait for the next monthly refusal.
    Just to add insult to injury i've also just had a txt from E2S offering me another, extra, contract. I don't think I'll bother!
  • postmanpat_3
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    Hooray Result. We had a cheque this morning for a full £455. This covers the cashback for the whole 12 months of the contract plus £35 legal fees. Although we were onl;y on our first claim we asked for all the cashback to avoid furyher problems. This is what the letter that came with the cheque says.
    We write in connection to the above claim and judgement in default. we have enclosed a cheque to the sum of £455 in full satiafaction of you claim and judgement in default.We would be grateful if you would notify the court of this payment. Please confirm the safe receipt of the sum of £455 by signing below and also on the attatched letter to court and return these to us in the enclosed sae. You will in any event be deemed to have accepted this payment if yiu cash the cheque or pay it into your bank account. we apologise for any inconvenience caused to you as a result of this matter.


    Result!!!!!!
    We filed our other claim last night.
  • wolfman
    wolfman Posts: 3,225 Forumite
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    More woes for me. Looks like I'll be going the distance with them:
    In response, I apologise that it appears that you are unwilling to accept confirmation of the dates that the Cashback Team process your claims and which bills we can accept for your claims.
    I can confirm that I have dealt with queries relating to orders placed on Price Match deals since we started to offer them during last year and the information I have provided is correct and the terms and conditions have not changed. These are the terms and conditions sent after your order was placed and have not changed since the offer started.
    We are unable to change the terms and conditions to be 30 days from the date of your bills as requested as these only apply to deals ordered for standard not Price Match Cashback claims.
    You can either send your December 2007 after your claim period starts on 8th January 2008, 240 days from the date of connection before 25th January 2008, as it must be less than 28 days old when we receive your claim or your January 2008 bill before the claim period expires on 7th February 2008.
    I apologise if you believe the information is unclear, however I am unable to provide any further information other than the dates you are due to claim between and that we must receive a bill that is no older than 28 days old with your claim.
    I am willing to confirm this information in writing if it is required.
    Again, if your claims are not received within the claims periods I have provided and as per your terms and conditions, we will be unable to process your claims. Please note that the Cashback Team will confirm from my notes on your account that I have provided you with the correct dates to claim and if the claim/s is received outside your claim period, it wil be rejected and all future claims will be invalidated.


    I have now tried 3 times to explain that sending the December bill is not valid! As it's not dated after 240 days. I even quoted and attached the terms and conditions. And about the claim period. It's like they're being stubborn or not reading my emails properly.

    I've also explained I have a downloaded copy of the terms and conditions, and also a time-stamped email with the terms and conditions from them (although I know these aren't the legal terms, the ones I downloaded upon taking the deal are). So I can prove that the terms have changed despite them saying otherwise.

    For anyone wanting to download them:
    Emailed Terms (from an email dated 18th May 2007)
    Full Terms...will add when I get home (downloaded from the site 18th May 2007)
    "Boonowa tweepi, ha, ha."
  • Quentin
    Quentin Posts: 40,405 Forumite
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    Although you are no doubt right - in view of that letter he has sent you, does it matter?

    All you want is your money - ideally with the minimum of hassle.

    Should they refuse to pay you a claim sent in accordance with this letter then a MCOL would soon sort it out.
  • wolfman
    wolfman Posts: 3,225 Forumite
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    I'm well on the way with regards to that. It was issued back in December. They responded early January.

    I've now got a court form to fill out and send back within 2 weeks.

    The above is just me trying to negotiate. They've sent me cheques, but are saying that I must agree to the terms and conditions they work by which I've refused.

    How long does this whole process take? They've responded to the courts with their defence statement. I've now got to send some sort of response.


    I should have pushed for more. I'm sure they'll reject my 3rd claim. I'm tempted to send it during the legal claim period so that they do. In which case I'll sue again, but this time for the remainder, plus fee's, plus damages (time spent, phone calls, time off work to attend court if needed etc...). Then the whole mess will be over.
    "Boonowa tweepi, ha, ha."
  • Quentin
    Quentin Posts: 40,405 Forumite
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    Did they send you cheques for the full value of your MCOL (though with these strings attached)?
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