e2save problem (merged threads)

nicole136

I know i am waiting to score one with them again, but nothing ! ill keep checking. Just glad I am getting some money back now after before choosing the worst companies i could: phone box direct, mobile outlet and mobile rainbow! that was back in my greener days!

pjmony

lazza_w wrote: »

I've already submitted my claim to the court along with copies of all emails, terms and conditions (including screenshots showing that their terms and conditions were created 5 weeks after I took out the contract). The judge has thrown out their defence (we refute this claim with no details) and they have until 2 June to submit a full defense otherwise a default ruling will be given.

Thanks for letting us know how you've got on.
I'd be really grateful if you could keep us updated.

How could you tell that the conditions on their website were dated after your
contract started? I sent copies of a bill instead of originals and they've since
deleted all trace of the conditions from my account.
(they've just left a link to the PDF for the claim vouchers with a new address!)
I'm very tempted to have a go at LBA etc.. as I'm in a similar position. The
online conditions said send originals but the papers they sent said the opposite.

mobilejunkie

You aren't clear about what you're doing. That isn't a basis foprsuing them. Anyone following the basic groundrules would know and be able to prove exactly what t&c they are on. Account dates and other things may have changed on their website but, in fact, the various t&c have always been clear and available from day one for those who understood this game. Remember, I am also one of their worst critics - so make sure you know what you're doing before you sue them.

antoniomontana

I found this on their website:

Pre 1st April 2008

• 
  Customers cannot move to a lower tariff during this minimum term (see network terms and conditions). Moving to a higher tariff at any time during the minimum term does not invalidate the cashback offer.
• 
  We reserve the right to withhold any cashback payment(s) if we believe the account to be of a fraudulent nature.
• 
  Should the service agreement be suspended or disconnected for any reason then we reserve the right to withhold any payments due.
• 
  All monthly bills should be received within 28 days from the date on the monthly bill.
• 
  If the monthly bills sent are not for the same account and in the same name as the one eligible for the cashback we reserve the right to withhold any cashback payment.
• 
  If the account is not paid up to date we reserve the right to withhold any cashback payment.
• 
  We give notice that we cannot be held responsible for lost items or claims that arrive outside of the qualifying period so we urge our customers to send their claims via recorded delivery.
  Please allow up to 30 days for the cheque to be delivered.
  
  
  
  1st April 2008 onwards
  • 
    Customers cannot move to a lower tariff during this minimum term (see network terms and conditions). Moving to a higher tariff at any time during the minimum term does not invalidate the cashback offer.
  • 
    We reserve the right to withhold any cashback payment(s) if we believe the account to be of a fraudulent nature.
  • 
    Should the service agreement be suspended or disconnected for any reason then we reserve the right to withhold any payments due.
  • 
    All monthly bills should be received within 60 days from the date on the monthly bill.
  • 
    If the monthly bills sent are not for the same account and in the same name as the one eligible for the cashback we reserve the right to withhold any cashback payment.
  • 
    If the account is not paid up to date we reserve the right to withhold any cashback payment.
  • 
    We give notice that we cannot be held responsible for lost items or claims that arrive outside of the qualifying period so we urge our customers to send their claims via recorded delivery.
    Please allow up to 30 days for the cheque to be delivered.

do the pre-1/4/2008 or do the new post-1/4/2008 terms apply to those who signed up before 1/4/2008? i.e. has everyone had their terms switched or just the post-1/4/2008 customers?

Quentin

You and they are bound by the ts + cs in place at the time of the sale unless you both agree to any changes.

boatman

Friend got a pricematch deal(oct 2007) but sent in a copy of the bill instead of the original and they refused to pay. Now according to OFCOM code of practice(voluntary i know) issued last July copies of bills are allowed.
Where do they stand with regard to getting the cashback?? Does the code of conduct apply to e2save?

pjclark1

boatman wrote: »

Friend got a pricematch deal(oct 2007) but sent in a copy of the bill instead of the original and they refused to pay. Now according to OFCOM code of practice(voluntary i know) issued last July copies of bills are allowed.
Where do they stand with regard to getting the cashback?? Does the code of conduct apply to e2save?

Forget T&Cs, forget codes of practice, if you believe the contract was unreasonable.
Take them to court, just claim they have not paid you the cashback you are owed, don't even mention originals or copies ..... I can't see anyone losing the court case, and your only risk is the 10% up front.

mulerider

boatman wrote: »

Friend got a pricematch deal(oct 2007) but sent in a copy of the bill instead of the original and they refused to pay. Now according to OFCOM code of practice(voluntary i know) issued last July copies of bills are allowed.
Where do they stand with regard to getting the cashback?? Does the code of conduct apply to e2save?

Your friend doesn't stand a chance as the 'Price Match' T&Cs were different to the standard T&Cs where you can send a copy or online bill. The new T&Cs for sales after the 01st April this year do seem to come in line with the OFCOM code of practise you have mentioned above. I can't believe people have been caught out and have had to forfeit all future claims. The T&Cs may seem unfair but their tactics have worked with so many people that use this forum and have had their claims rejected. The 'Price Match' cash back T&Cs are below.

It's seems stupid that it has to be the original bill but they are the T&Cs you accept when taking out your contract.

Cash Back Claims

Cash back claims are available to customers by redemption that subscribe to a brand new 12, 18, or 24 month service agreement where all payments are up to date and paid in full. Cash backs are claimed by sending us the original claim form, correctly completed. We send this to you by email when you purchase your handset. Along with the claim form, send us the original airtime bill showing your name, address, mobile number and tariff. You receive this by post from your network operator. We do not accept copies or online bills. We only accept one claim per envelope. Your name, address, mobile number and tariff must be shown on the bill, we will not authorise any claim where this information is missing or the bill has money outstanding. We therefore recommend that you pay your bills on time and do not cancel or take a summary itemised bill from the network. If it is your first claim and you have ported your number in from a previous supplier you must also send your first bill showing the original mobile number we supplied to you.

mobilejunkie

Regardless of the chances of winning in court, anyone who doesn't even know that alone follow the t&c they agreed to at the point of sale is asking for trouble. People who approach any cashback deal in that way should definitely not be doing them in the first place - that, therefore, applies to MOST people!

mulerider

The new T&Cs are simple if you know what you are doing. Below are the details of a recent contract. They now give you 60 days from the claim date and you can send copies or online bills.

GETTING YOUR CASHBACK – it's really easy!
(But remember to follow the rules below)Your £420.00 cashback needs to be claimed by you in 5 stages as detailed below.

Claim 1 – Send in the bill dated 6 calendar months from the date of connection, you will receive £84.00 by cheque within 28 days.

i.e. If you purchased on the 1st April 2008, you need to send in a bill that is dated within September 2008, your claim window is 60 days from the date of that bill.

Claim 2 – Send in the bill dated 9 calendar months from the date of connection, you will receive £84.00 by cheque within 28 days.

Claim 3 – Send in the bill dated 12 calendar months from the date of connection, you will receive £84.00 by cheque within 28 days.

Claim 4 – Send in the bill dated 15 calendar months from the date of connection, you will receive £84.00 by cheque within 28 days.

Claim 5 – Send in the bill dated 18 calendar months from the date of connection, you will receive £84.00 by cheque within 28 days.

Each of the above claims must:

be received by us within 60 days of the date on the bill
be made out on our official claim form (available online at https://www.secure-mobiles.com/files/pdfs/e2_Claim_Form_Jan_08.pdf)
be accompanied by your relevant network bill, as stated above (photocopies accepted).
This bill must:

show your name, address, mobile number and tariff you are connected to.
have no carry forward balance of debt from the previous month
be no older than 60 days when we receive it.