e2save problem (merged threads)

mobilejunkie

There are many threads on them - not just this one. Also OSPS etc etc. You are able to sue for the whole cashback provided you know what you're doing and can prove you followed the legal t&c.

Borgie

I issued a LBA as they failed to honour my second claim. They have now E Mailed me and said they will honour my claim;even though they say I sent my claim in outside the required period. (It wasn't). Obviously my LBA advised them I would claim the full cashback. Do I just accept their offer to pay the 2nd installment and reopen my claim for future installments ?

Thanks

wolfman

paulms1974 wrote: »

I have wrote an LBA and E2Save have stated that my cashback claim period began on 3rd December 2007 and expired 30 days later. Am I within my rights to sue within original legal t+c's? (I still have their original e-mail with these on which was sent to me when I purchased phone)

As per the original terms. You actually have one month from the date of the required bill.

So they are applying:
3rd December + 30 days = last claim day = 2nd January.

However the legal terms state:
3rd December claim window opens. You're required bill may have (as example) the date 13th December on it. You then have 1 month from 13th December to make your claim.

If that's the case then you're claim was ok, and you can sue them. They should pay up (did in my case).

When you sue them, sue for:

the full amount + legal expenses + damages (such as loss of earning if you need to take a day off to go to court, and also postage costs, phone calls, your time etc...)


Keep a note of when you sent things (postal receipts etc...), when you made phone calls, who you spoke to etc... Keep a note of everything as it'll only help you.

Also I posted the legal terms for OSPS that applied to my deal (which started May 2007). They're still on my site (http://www.robertbeal.com/terms.pdf)

yorkiebar

For a bit of balance I'm nearing the end of my contract taken out via e2save and have received all my cashback cheques. I had to phone up about one which didn't show up on time but my query was sorted out quickly (once I'd got through to a human!) and the cheque arrived about 10 days later.

mobilejunkie

That isn't balance at all - merely ancient history. All the problems started in late May 2007 when the IIC took over. Contracts nearing their end now were taken out before that under completely different t&c and with a company which wasn't mainly blatantly trying to trick people - though the IIc has meddled in the odd old Virgin contract too!

yorkiebar

Didn't realise any of that...

For information who/what are IIC ?

And how have the T's and C's changed ?

(Thinking of taking out another e2save contract after current one ends you see).

mobilejunkie

Is the Idiot In Charge. If you take out another contract with them make absolutely certain you are up to date, understand the actual t&c and cover yourself fully. There are numerous threads on E2Save, Onestopphoneshop/OSPS (now E2Save since last summer) and the many problems people have encountered since the IIC took charge.

paulms1974

Thankyou Wolfman & MobileJunkie,

Everything is much clearer now. First job today is to buy a book to assist me with my small claims court action! I have logged onto moneyclaim and was wondering if I can attach the original e-mail from E2Save with legal terms and conditions to my claim? They seem to only ask for a short description of the case. Is my evidence submitted at a later stage?

Keep up the good work! I would not like to hazard a guess as to how many people have been caught out by E2Save's sharp practices. Has anyone complained about this specific issue to Watchdog?

Paul

mobilejunkie

Waste of time going to Watchdog - and I don't like crusades since I am still grabbing cashback contracts as regularly as I can for myself and my friends. As I have repeatedly made clear, unless you really know what you're doing don't go near them. Unfortunately for them many do.

Evidence is sent at a later stage if they contest the action. Usually they see at least some sense before then, but if not you should win provided you present a good case based on sound evidence.

ric3vic

Here's a new ruse: a cheque from E2S arrived today, but in the payee box is a line of asterisks (no name) and no second signature. Computer error? There is, in small print, an instruction to pay me but I think this cheque might be challenged by my bank. I'll pay it in, and if it is returned I'll go straight to LBA (again). Just think how much leeway E2S would give if I had a computer error in making a claim!