e2save problem (merged threads)

mobilejunkie

The price-match t&c were always on there from day one - never added afterwards. Furhter, such contracts were always fairly clearly labelled so anyone winning on that basis has been very fortunate in my humble opinion not to have to risk a court hearing relying on that.

RabbitMad

OK Peeps some advice /opinions needed please.

-I ordered a phone on 25th Feb-No Auto cashback received by 26th April and cashback pages were then blank on "My cashbackclaim. co.uk"
-Sent LBA for full amount on 29th April demanding money by 8th May.
-Letter received on 8th May (dated 6th) saying cheque for auto cashback was on its way
-Cheque for auto cashback (Dated 13th May) received between 14th and 17th may (I was on hols so don't know exact date it arrived)
-As my quidco cash had tracked I thought I'd risk a MCOL against them (for all remaining cashbacks), this was issued on 23rd May and deemed served on 25th May.
-I received an email yesterday saying very sorry etc but my auto cashback was "RAISED" on 11th April within the 2 month timeframe and as such the contract has not been breeched however they'll give me the £25 MCOL fee back as a good will gesture.

What do I do?Do I accept and then send in my bills as normal?
Do I accept if and only if they confirm the date windows I should send my bills in by and confirm that all cashbacks should go to loughborourgh now?Do I reject this as say I want the full amount?

The problem I'm having is with the word raised. what does this mean? Did they "Raise" the cheque on their system where it spent nearly a month waiting to be authorised and a further couple of weeks before it was printed? would a judge feel I was being unfair by hitting them with an MCOL so quickly?

The e2save website says I'd be texted when this cheque was raised yet I received no text. Has anybody else had a text for their auto cashback?

On the site my cash back pages are now populated with a different set of dates (these being the "correct" dates rather than the more advantageous ones that I prefered)

Quentin

What was the MCOL for?

lazza_w

Quentin wrote: »

Read the thread and you will see this offer is their regular "solution" to stop further court action.

The "without prejudice" seems significant, as it is reported often the cheque doesn't turn up.

Did she promise the money by a certain day?

Within 7-10 days. If it doesn't arrive I'll continue with the court case.

RabbitMad

Quentin wrote: »

What was the MCOL for?

All future payments as I had received the auto cashback by then

Quentin

You gave them notice via the LBA that they had to pay you the full amount, and they didn't.

The grounds for issuing the MCOL haven't changed, and their offer to pay you £25 "goodwill" presumably doesn't cover your legal expenses.

If you are claiming because of their fundamental breach of contract, then this has occurred, and you can continue the case.

Be prepared for them to defend it (it's standard with them now), and hopefully come back to settle prior to a hearing taking place.

RabbitMad

Agreed that the grounds for the MCOL haven't changed but the £25 is my full legal expenses.

Yes I am claiming a fundamental breach but they are saying this hasn't occured as the cheque was raised for the auto cashback on 11th april. ( i received cheque probably on 15th May)

Quentin

Their "defence" is nonsense.

If you want to proceed, then the "raising" of the cheque prior to the due date is no defence to not paying you by the due date!

The breach happened when you weren't paid.

RabbitMad

But is there really a due date? The T's&C's I signed up to merely talk of a credit being raised by cheque within 2 months of the start of the contract.

Quentin

If they were happy they hadn't broken the terms and that your MCOL would be struck out, do you think they would be offering to pay your court fees?