e2save problem (merged threads)

Quentin

If you are "happy" that you broke the terms and did claim too late, then the only way to minimise the loss now is to drop to a lower tariff as soon as o2 will allow it.

And if you can get a cheaper alternative, sell the handset.

Microstar_2

Got a RESULT from E2save.

Filed MCOL on 10th April (non-payment of cashback - denied they had received it).

Today I received a cheque for the outstanding amount of cashback plus my costs. Sent Special Delivery with letter of apology etc etc, but no 'admission of liability'.

Will call off the dogs once it clears,

The moral is to not waste time and money on their premium rate phone numbers etc etc. If you think you are right and have the evidence to back it up then its a LBA with 10 days to pay, then MCOL if no response.

Quentin

Good result of course.

As you didn't mention it, I will! When making a claim for late payment you are entitled to interest on the amount late from the first day it should have been paid up to the date of the claim. The clock is then running, and interest gets added on a daily basis until payment is made.

And if they don't make a payment on time, and you are prepared to go to court for your money, then claim the whole amount due, not just the late payment as their non payment of a claim is a fundamental breach of the contract.

agsnu

Quentin wrote: »

Good result of course.

As you didn't mention it, I will! When making a claim for late payment you are entitled to interest on the amount late from the first day it should have been paid up to the date of the claim. The clock is then running, and interest gets added on a daily basis until payment is made.

And if they don't make a payment on time, and you are prepared to go to court for your money, then claim the whole amount due, not just the late payment as their non payment of a claim is a fundamental breach of the contract.

Remember that you have to include your claim for interest in the particulars of claim if you go that route, though - and IIRC the statutory rate is 8%

nicole136

how is that calculated?

Quentin

When you complete the MCOL you will be directed to the interest calculation and wording if you opt to include interest in your claim.

It is calculated from the date the payment was due up to the date of the claim.

Lynsey

Well done Microstar. It can obviously work to your advantage once a contract is breached on their behalf, though a little extra work is needed it's well worth it.

Just a thought, has anyone who has successfully sued for the whole cashback ever got another deal with the same company, or have they been "blacklisted" ????

Lynsey

Quentin

It might be difficult for anyone to admit they returned and gave more business to a company so bad they had to sue them to get their money!

But there is no evidence of a blacklist of previous customers who were turned into litigants.

dollywops

My last cashback claim was sent by SD on 10 March 2008, and I know this has been received. I spoke with someone called James on 8 April 2008. As there was no record of my paperwork, and having spoken with his supervisor, he told me the cheque would be raised on 8 April 2008. Ten days later and no cheque.

I took out a new contract on 30 January 2008. A credit of £136, by cheque, should have been raised automatically within 2 months Again, James told me the cheque would be raised on 8 April 2008, and again no cheque.

I will not make any more premium rate calls, as this is too costly. Do I wait, and if so, how much longer, or do I send an LBA.

If I do have to send an LBA, please could someone put me in the right direction as to where to find one. Also, if I have to go down this route, please advise where I should send this. Lastly, if this or these do not prompt a response, is going through MCOL fairly easy and what about costs?

In all my years of dealing with E2save, all my cashbacks have been fine, with the exception of maybe twice, when I had to phone and the payments turned up within a week.

Lastly, if I have to go through the MCOL route, is this likely to have any knock-on effect with exising cashback contracts I have with E2save. Has anyone had any experience of this?

Quentin

There is no evidence that once you successfully sue them there is any "knock-on" effect. People report that even after suing them, their next claims aren't paid on time.

As far as your other questions go, they are all answered in the various threads - you are contemplating legal action over hundreds of pounds, and need to be prepared to do some homework.

Much cheaper than paying someone for their advice.