e2save problem (merged threads)

jonnyb

Just sent my first LBA the other day. I am feeling very positive about it after all the advice on here.
In fact, I think I am going to change my signature to reflect my admiration of MobileJunkie.

eanie_meanie

re my post #1508 on Tuesday.....
I sent a copy of the bill & voucher with a covering letter to loughborough by rec del as requested (also sent the same to portal rd london) the same day. I got a phone call last night from the guys manager (some american called Val) who confirmed that a cheque would be raised.

I queried how long this would take and she said 14-21 days and advised me to ring the cashback team if I had not recieved the cheque by then. I explained that I was not prepared to chase them again and that as I believe they are deliberately delaying payments I would start court proceedings instead.

My question is do I have to allow the 21 days before issuing an LBA - this will take me up to beginning of June for a claim submitted in March or can I do it now but acknowledge the fact they've rung and promised the cheque?? never been involved in anything like this before, any advice is appreciated..

I've spent 20 years in the utility side of customer services and if I felt that this was a genuine mistake and they really wanted to make amends I'd give them the benefit of the doubt. Doesn't help that a friend of mine took out a retention deal last year, seemingly straight forward cashback with CPW. 1st claim was submitted in Jan and she still hasn't had the chq despite being promised 3 times it's being raised....


cheers

Quentin

You can issue the LBA now, giving them 7 days to pay.

On a practical note, if you are just chasing this one payment, it may be less hassle to give them the 14 - 21 days after sending your LBA before embarking on the court action (which will take much longer to resolve).

But if you are wanting all your money due to their breach of contract, put that in your LBA and commence proceedings if the LBA is ignored.

oggsy

Hi, just an update on my MCOL with e2save. I bodged my original court summons by filling it in incorrectly (I was the claimant and the defendant derr) but MCOL returned my £25 court fee so I reapplied and they sent, within 14 days, a reply contesting my claim outright. Then yesterday e2save called me and offered to pay my cashback outstanding (this is my final payment) + my £25 court costs. They sent an email to this effect immediately to which I have taken their offer, after all, money is money. They state 10 days for the cheque so fingers crossed, as claim wont be shut down until cheque is cleared. Hopefully persistence has paid off so anyone out there thinking about a claim please do it, if you dont receive your money, they will gladly spend it for you.
Toodle Pip !! :T

Quentin

If they intend paying you the whole amount of your claim, then there is no need for them to make you an "offer". And no need for you to accept an offer. Make sure you don't close your case by default (not replying to the defence within the time allowed).

They should just pay you promptly - otherwise they face more expense as you will be continuing your claim by submitting the hearing fee.

If you read through recent pages you'll come across others who have had this offer, accepted, then discovered they don't honour their side of the deal, and no cheque has arrived within the promised timescale. (And why do they need 10 days to pay you - any reputable organisation facing legal action which they knew they would lose would get a cheque out today to ensure the case was halted, and their reputation salvaged)

pjclark1

oggsy wrote: »

Then yesterday e2save called me and offered to pay my cashback outstanding (this is my final payment) + my £25 court costs. They sent an email to this effect immediately to which I have taken their offer, after all, money is money. They state 10 days for the cheque so fingers crossed, as claim wont be shut down until cheque is cleared. Hopefully persistence has paid off so anyone out there thinking about a claim please do it, if you dont receive your money, they will gladly spend it for you.
Toodle Pip !! :T

1) Yes, you will get a cheque for your outstanding cashback + costs (as I did)
2) When you apply for your next cashback they will most likely refuse again (as they did with me)

terrier3

I must be the only person on this site who hasn't had an offer to settle from e2save! They files a generic defence (....snooz..) the courts sent me a copy and an allocation questionnaire, which I sent off last week. I keep watching the phone, but they haven't rang yet.

Anyone been in the same situation - I can't believe they will send their solicitor to deepest darkest Somerset to defend this one, but you never know!

Quentin wrote: »

If they intend paying you the whole amount of your claim, then there is no need for them to make you an "offer". And no need for you to accept an offer. Make sure you don't close your case by default (not replying to the defence within the time allowed).

They should just pay you promptly - otherwise they face more expense as you will be continuing your claim by submitting the hearing fee.

If you read through recent pages you'll come across others who have had this offer, accepted, then discovered they don't honour their side of the deal, and no cheque has arrived within the promised timescale. (And why do they need 10 days to pay you - any reputable organisation facing legal action which they knew they would lose would get a cheque out today to ensure the case was halted, and their reputation salvaged)

nomdeplume

Quentin wrote: »

If they intend paying you the whole amount of your claim, then there is no need for them to make you an "offer". And no need for you to accept an offer. Make sure you don't close your case by default (not replying to the defence within the time allowed).

They should just pay you promptly - otherwise they face more expense as you will be continuing your claim by submitting the hearing fee.

If you read through recent pages you'll come across others who have had this offer, accepted, then discovered they don't honour their side of the deal, and no cheque has arrived within the promised timescale. (And why do they need 10 days to pay you - any reputable organisation facing legal action which they knew they would lose would get a cheque out today to ensure the case was halted, and their reputation salvaged)

As I have mentioned in previous posts, I too accepted CPW's offer via e-mail from "Office of Charles Dunstone". The sum was nearly £500 and the e-mail stated that cheque would be raised within 5 working days. My deadline to submit the allocation papers to my local court was about 10 working days. I didn't receive a cheque so I filed the allocation papers with my local court.

It then became more interesting.... I received a notice of judgment from the District Judge against CPW, which effectively threw out their standard defence from Mason Hayes solicitors in Manchester unless a new valid defence was received in the next 10 working days. I checked with the court once this period had elapsed and the court had received a letter from Mason Hayes saying that the amount had been paid in full by CPW !

I contacted Mason Hayes and the solicitor was surprised to hear that CPW had not paid. I received a phone call from CPW's legal department within 15 minutes and they raised the cheque there and then and sent via special delivery (although not admitting liability).

I would take Quentin's advice and keep the case live until the cheque is received as it would have been easy for me to let the case lapse in the mistaken belief that a cheque would be sent after the initial e-mail. Noticeably, CPW's e-mail gave no telephone contact details!

I would advise anyone who is in the slightest doubt to issue an LBA and not wait a unreasonable length of time for payment. I believe that CPW is reluctant to have its contracts tested in court due to the confusion over legal T+Cs and their Price Match T+Cs. If anyone has missed their first claim by the Price Match deal window and have had all further claims disallowed you may have a case because nowhere in my Price Match terms does it mention the disallowal of all further claims. This only appears in the legal T+Cs which have a more generous time window.

mobilejunkie

Wrong I'm afraid. The so-called "Price Match" t&C ALWAYS made it clear that one lost claim invalidates the rest. Perhaps you aren't looking at the legal t&c?! Anyone thinking otherwise and taking legal action IF one claim was CORRECTLY denied will lose.

oggsy

Quentin wrote: »

If they intend paying you the whole amount of your claim, then there is no need for them to make you an "offer". And no need for you to accept an offer. Make sure you don't close your case by default (not replying to the defence within the time allowed).

They should just pay you promptly - otherwise they face more expense as you will be continuing your claim by submitting the hearing fee.

If you read through recent pages you'll come across others who have had this offer, accepted, then discovered they don't honour their side of the deal, and no cheque has arrived within the promised timescale. (And why do they need 10 days to pay you - any reputable organisation facing legal action which they knew they would lose would get a cheque out today to ensure the case was halted, and their reputation salvaged)

Ta Quentin, I take your advice and will make sure the claim is still live right up to the moment the cheque clears and not a second sooner, I have seen quite a few people have been made this offer so maybe they are trying to clear a backlog for their legal eagles. Fortunately this is my final claim on this contract ( ta PJ Clark 1 ) so if there is no cheque within 10 days I am no worse off than now - e2save would be just one day nearer to court.

Have a good weekend all. :beer: