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e2save problem (merged threads)

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  • jicms
    jicms Posts: 488 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    :mad: I have just attempted to take out a new Orange cashback contract deal with E2save. I am currently with Vodafone and had my PAC no. to move my number to Orange. The phone arrived as promised the next day with 2 days left to port my number. It did not connect to the Orange network within 24 hrs as promised and after several calls to Orange and e2save it was discovered that I had been issued a phone number that was currently in use. E2save said they would arrange for a new SIM to be sent to me within 48 hrs. It is now 4 days later and I have not received it.

    My PAC no. has now expired and Vodafone are issuing me with another one by letter which will take “up to 5 working days”. (I’ve been told they cannot inform me of it by phone before this!)

    Does anyone know my rights? E2save small print says I am unable to cancel the contract if the phone has been used. I have inspected the phone and opened all the bits in readiness for using it and inserted the faulty SIM card. Will they argue that it can’t therefore be returned?

    Even if I stay with e2Save it looks like it would be quicker to reorder and hopefully be up and running the next day! The problem is I am now out of pocket. I am most likely going to have to argue with e2save that my contract date will be starting a week or so later than the order date (by holding on their premium rate phone number). Also I am now going to have to keep my Vodafone contract up and running alongside it for another 5 days or more at the full price contract rate (£35 a month), as my previous half price deal has ended, while I wait for the PAC. I feel e2save should be compensate me for the extra costs and hassle this has caused.

    Another problem is that my Vodafone SIM will not work in my new Orange phone. It displays “enter registration code” so probably it is locked to Orange – very inconvenient.

    Any advice would be very welcome!
  • Sorry for asking again (nicole, just wish to hear what others have to say), just seeking to know what the general interpretation of e2save T&C is:

    From your experience, which bill would you send for claim 1 below if it was you? to send bill dated 24-Nov-2008 or the bill dated 24-Dec-2008?

    e2save Connection date: 18-Jun-2008
    Assuming first bill is generated by Orange on 24-Jun-2008 and on this date each month thereafter.
    as per Chequeback Offer email received after purchase

    Claim 1 – Send in the bill dated 6 calendar months from the date of connection, you will receive £90.00 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.
    As per'Your offer explained' sheet that came with the phone

    Bills sent to Car' Warehouse Claim at month 6, 8, 10 and 12.
  • Quentin
    Quentin Posts: 40,405 Forumite
    Running a poll of posters here won't help you if we get it wrong.

    If you cannot follow the ts + cs that were available at the time of purchase, then get the answer you want in writing from e2save.
  • xeena
    xeena Posts: 135 Forumite
    nicole136 wrote: »
    2p....
    just follow the printed terms and conditions.
    The prob is that the T&C conflict with themselves (highlighted in red):
    Instalment 1 - You will need to claim by sending the bill dated 6 calendar months from the month that you received your handset and you have 60 days from this date to submit your claim.
    i.e. if you purchased on the 1st of April 2008, you need to send in a bill that is dated within September 2008.

    Is there anyone else who has purchased one of these deals in the last week or so? If so, please can you PM me or reply to this as I think we're going to have problems getting cashback on this one, and we will have more strength in numbers :p
  • Quentin
    Quentin Posts: 40,405 Forumite
    If you don't understand the ts + cs on these deals, then don't accept them!!

    As previous reply on this topic, getting a poll of posters on here won't help you in a dispute with them.

    Get the answer to your query in writing from them, then there can be no (legal) argument - even though the answer may be another contradiction.
  • xeena
    xeena Posts: 135 Forumite
    Thanks for your reply Quentin. I'm not trying to get a poll of posters, just a group of us together who are in the same position.

    I will contact e2save, once I get my first bill. I will then know which dates my bills are generated and I will be able to say to e2save "this one or that one" specifically.
  • Quentin wrote: »
    If a Defendant makes a payment subsequent to the issue of a MCOL, then the payment doesn't affect the outcome of the claim. (Unless the payment has been made (and accepted) as an out of court settlement.)

    eg if you claim £500, and the Defendant sends you £100 the day after the claim is issued, then you can continue with the claim. If you win judgement, then the court would order the Defendant to pay you the balance outstanding (in this example, that would be £400 plus any other costs/interest incurred since the date of the original).

    I have submitted my MCOL yesterday (judgement started today) but what happens if a cheque is received today or tomorrow? (i am at work so do not know if anything arrived in the post this morning). The reason I ask is that I have MCOL'd the full claim for the autocashback plus the 4 further cash backs for £360 on the grounds of fundamental breach of contract. (only the auto is out of time although e2save are indicating it will be received within 14 days)
    In the past there has a been a considerable dealy between the date on the cheque and the date it is received. I am wondering whether e2save will use this to challenge the MCOL or sday they haven't breached any terms. Anyone else had any experience of this?

    Has anyone else managed to get their full cash back at the stage where only the auto cashback is due. If so let us know. If not am I being unreasonable? I will keep you posted on how I get on.
    Mark Hughes' blue and white army
  • Quentin
    Quentin Posts: 40,405 Forumite
    If you only submitted the MCOL yesterday, then you cannot get judgement today (it won't even be issued yet).

    Read up the guide for claimants on the MCOL website.

    The question on payments crossing in the post with the summons is covered in the quote you posted.

    You can expect a defence to be entered (details of the cpw response to getting court claims is posted many times in this thread)
  • Quentin wrote: »
    If you only submitted the MCOL yesterday, then you cannot get judgement today (it won't even be issued yet).

    Read up the guide for claimants on the MCOL website.

    The question on payments crossing in the post with the summons is covered in the quote you posted.

    You can expect a defence to be entered (details of the cpw response to getting court claims is posted many times in this thread)

    Sorry Quentin- wrong use of words by me.

    I meant the claim has been started today and so e2save have 14 days to respond.

    My question related to whether e2save used htis as a get out clause. You have answered that it is a tried and tested response by them.

    I was curious as to whether anyone has successfully managed to cliam full cashback on a dela at which no cliams have so far been due but merely on the basis of the auto cashback not being processed in time.

    Most of the MCOL's discussed in this thread appeared to be following rejections of claims and seem to cover price match deals.

    My one was a non price match deal taken out in March 2008. i know that mobilejunkie's view differed to yours in that from my understanding he was not of the view that one could claim all of the cashback up front if only the auto hadn't come through in time.However (if not for the first time I have misunderstood his reply) I stand corrected.

    I merely need to know whether if it isn't likely to suceed I should proceed with the missus's and my mum's claim as these have not been submitted yet- LBA served and MCOL is now pending.Given the court costs are £35 each claim am I going to end up wasting £105 on this issue, when I can just give them more time to pay up the auto as I'm not able to claim the rest of the money now?
    Mark Hughes' blue and white army
  • tee_3
    tee_3 Posts: 100 Forumite
    Part of the Furniture Combo Breaker
    I am trying to chase up on not getting my automatic credit, and am sick of hanging on the phone. Does anyone have an email address for e2save customer services as it seems rather elusive on their website.

    thanks
    tee
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