e2save problem (merged threads)

Sid_Harper

Quentin wrote: »

By not paying you the auto cashback they have committed a fundamental breach of the contract.

This allows you to consider the contract cancelled, and to claim not just the missing payment, but the total amount you were originally contracted to receive from them.

What wording should an LBA have in it? Is it sufficient to say if you don't handle my claim as per the original terms I will take legal action without further notice? I've this problem with another company and they've not stuck to their own rules - when I sent in my claim, I included this as a covering letter doubling as an LBA as their claimform had a fundamental error on it.

Quentin

The LBA need only say that despite your adhering to the contract terms they have not paid £xx as agreed. This is a fundamental breach of the contract and you now require payment of £xxxx (being the full amount outstanding from the original contract) within 7 days from the date of this letter, failing which you will take action to get paid via the county court.

Quentin

Lynsey wrote: »

I personally think it might not be classed as late until around 3 months (ie: 2 months for cashback and up to 28 days for cheque).................... But first you have to wait until your LBA is addressed, if at all.

The contract is breached if the payment is not made by the date agreed in it.

Just as we would breach it if we were one day late with our claim.

If you want to use their fundamental breach to ask for the full amount due, then you should request that in the LBA. Then if they don't pay the full amount asked for in the letter you can commence the MCOL.

Sid_Harper

Quentin wrote: »

The LBA need only say that despite your adhering to the contract terms they have not paid £xx as agreed. This is a fundamental breach of the contract and you now require payment of £xxxx (being the full amount outstanding from the original contract) within 7 days from the date of this letter, failing which you will take action to get paid via the county court.

Thanks Quentin. If I've already said I'm going to take legal action to recover the full cashback with costs and without further notice if they don't pay up within the terms of their original Ts & Cs at the time of claiming, is there a need for another LBA or can I just go ahead with the MCOL bit?

Quentin

If you do intend doing a MCOL, then you ought to send a LBA once they have committed the breach.

The reason is this demonstrates to the court that you have attempted to resolve the matter before using the court.

It also stops the defendant saying that the court action has come as a surprise to them. (The courts can refuse to allow a claimants court fees in these cases).

cheesesarnie

help....just had a reply from our first claim & its says they won't pay out the whole years cash back because I sent a copy of the O2 bill...

I sent a copy because in the 'Welcome to your new phone' brochure in the cashback claim intructions that I followed it says " Copy the most recent airtime bill and attach this to the cashback claim form"...therefore thats why I sent a copy...

what steps can i take?...any help greatly appreciated...

thanks

Quentin

If you followed the ts + cs, then write a LBA pointing this out to them. Then sue if they ignore it.

MOLLYBRUSH

Hello

New to the thread. Am chasing my automatic cashback and am now thinking what have I let myself into! Just to confirm as I am sure I saw a post saying they thought the non-geo free number wasn't working - well it is as I got through today after a long wait tho.

Lynsey

Quentin wrote: »

The contract is breached if the payment is not made by the date agreed in it.

Just as we would breach it if we were one day late with our claim.

If you want to use their fundamental breach to ask for the full amount due, then you should request that in the LBA. Then if they don't pay the full amount asked for in the letter you can commence the MCOL.

Exactly, and it can work in our favour. I think the confusion lies with what is stated;

"A credit of £xxx.00 will be raised automatically by cheque within 2 months if you do not cancel your contract."

It doesn't state the cheque will be received within 2 months and I think it's best to wait 28 days for the cheque to arrive. People could be jumping in too quick as I see it if they expect the cheque within 2 months. For me, wait 3 months and if not received, LBA asking for the full amount because of a fundamental breach.

Intersesting how others see it and are re-acting.

Lynsey

MOLLYBRUSH

MOLLYBRUSH wrote: »

Hello

New to the thread. Am chasing my automatic cashback and am now thinking what have I let myself into! Just to confirm as I am sure I saw a post saying they thought the non-geo free number wasn't working - well it is as I got through today after a long wait tho.

Well I got through but got transferred and gave up after waiting for 33 minutes. Have e-mailed them so will see if I get any joy there. :mad: