e2save problem (merged threads)

robosaver

Lazza_w
Politely decline their offer and give them 7 days to send the full amount or you will continue to persue the claim through the court. You have written evidence that a copy was acceptable.

Gary_S_3

Hello friends.

After my initial e2save cashback (which is supposed to automatically generate!) has not arrived, I think it is time to send a LBA. I do not intend to let these peoplemess me around.

Which e2save address is best to send the LBA to and does anyone have a suitable letter template?

Many thanks.

RabbitMad

This is what I sent. I received their reply on the date I specified saying the auto cashback would be with me within 21 days so I submitted a MCOL

On xxx I purchased a xxxxx Mobile Phone on an xxxx contract. The offer I signed up to was a £xx per month contract with £xxx Cashback by redemption.

The unique order reference number is: xxxxx
My phone number is: xxxxxx

You have not paid the automatic £xxx within 2 months of the start of the contract as agreed. This is a fundamental breach of the contract and I now require payment of £xxx (being the full amount outstanding from the original contract) to be received by me on or before xxxx.

If I have not received the full outstanding amount by xxxx I will take action to get paid via the county court.

Gary_S_3

RabbitMad wrote: »

This is what I sent. I received their reply on the date I specified saying the auto cashback would be with me within 21 days so I submitted a MCOL

On xxx I purchased a xxxxx Mobile Phone on an xxxx contract. The offer I signed up to was a £xx per month contract with £xxx Cashback by redemption.

The unique order reference number is: xxxxx
My phone number is: xxxxxx

You have not paid the automatic £xxx within 2 months of the start of the contract as agreed. This is a fundamental breach of the contract and I now require payment of £xxx (being the full amount outstanding from the original contract) to be received by me on or before xxxx.

If I have not received the full outstanding amount by xxxx I will take action to get paid via the county court.

Thanks Rabbit. Which address is best to use. Also did you demand the full amount of cashback or just what was owed from the first auto cashback?

RabbitMad

the carphone warehouse, portal way london address that was at the bottom of the T's&C's and I asked for the full amount

Edit - decided to issue MCOL even though they sent cheque for auto cashback well outside date on LBA as quidco money had validated and felt on balance that I'd probably be paid out and would save myself the 4x£5 special delivery charges if I let the contract run (plus the dates I had been given seemed very contractictory)

amz84uk

lazza_w wrote: »

What do people think I shoudl do at this point?

Having sent an LBA then issuing a court summons they have offered a settlement 'without prejudice' of £233, plus I can send claims in for a further £90. The total cashback for the year I should have received would be £495, so this leaves me £172 down if I accept this.

If this were a straight 'they're refusing to pay me and they're breaking the terms' then I would definately tell them to get lost.

The decision on whether I get paid will be down to a judge deciding if I have reasonably followed the terms indicated to me by post, email and telephone conversation whilst they will be citing Ts&Cs that may or may not have been present on their website at the time of purchase. It is not therefore clear cut.

My next step will be to contact them to demand an out of court settlement for the full amount. If they refuse, do people (especially those experienced in contesting these descisions) feel that I should persue this through court or accept the lower offer?

Refuse anything lower, and ask for the full amount that your cashback is for (including future amounts).

I have finally managed to settle my claim out-of-court, after 'negotiating' with e2save. They refused to pay for future claims, but I rejected their offer and argued that I'll continue to dispute via the court as they've breached the cashback T&C's. After a few days, they upped their offer, and continually increased it, and have now agreed to pay up to what I asked for (the full whack).

Sit tight and continue to ask for what you are entitled to (but wouldn't advise anyone to ask for too TOO much more than what they are eligible for. I.e. Don't ask for £400 when you are legally entitled to cashback of £300 over 18month contract). Anything over your amount - state why you feel that you are entitled to it (i.e. reasons include calls to their 0871 number, p&p, time & effort).

PM

Stupid questions coming up as I don't really know much about MCOL and LBA.

Do I send what RabbitMad has posted via MOCL site?
http://www.hmcourts-service.gov.uk/onlineservices/mcol/index.htm

Also whats LBA and then is that submitted. Last one do I just send to that cashback address?

RabbitMad wrote: »

This is what I sent. I received their reply on the date I specified saying the auto cashback would be with me within 21 days so I submitted a MCOL

On xxx I purchased a xxxxx Mobile Phone on an xxxx contract. The offer I signed up to was a £xx per month contract with £xxx Cashback by redemption.

The unique order reference number is: xxxxx
My phone number is: xxxxxx

You have not paid the automatic £xxx within 2 months of the start of the contract as agreed. This is a fundamental breach of the contract and I now require payment of £xxx (being the full amount outstanding from the original contract) to be received by me on or before xxxx.

If I have not received the full outstanding amount by xxxx I will take action to get paid via the county court.

mobilejunkie

http://forums.moneysavingexpert.com/showthread.html?t=558661&page

Address is the registered one on the site (in London). Specific post on LBA on my thread above (and a lot more!).

RabbitMad

PM - That was my Letter Before Action. I then used the wording in red posted by some kind chap (or lass) a few pages back altered to fit my circumstances.

Have a read of MJ's thread. He's the expert at these deals so expect anything he posts to be very helpful.

mobilejunkie

And the expert is... finally about to sue for an entirely different reason (so far!). This company is now run by complete fools! Long live MCOL!