e2save problem (merged threads)

PM

I issued MCOL of none payment of auto cashback. I received letter on the day I sent it and got cheque last week. Got email from Emma Holloway today offering me £35 court fee and £25 for contacting them.

I want the whole amount now. So do I email back saying, thanks but no thanks I want the whole years cashback which is now owed to me.

Del_Boy_Gupta

PM wrote: »

I issued MCOL of none payment of auto cashback. I received letter on the day I sent it and got cheque last week. Got email from Emma Holloway today offering me £35 court fee and £25 for contacting them.

I want the whole amount now. So do I email back saying, thanks but no thanks I want the whole years cashback which is now owed to me.

I would say that e2save were unlikely to offer you £25 if they thought they could successfully defend the MCOL. Therefore I would think you have a chance to go and get all of your money back (i hope you do cause that's what I want to do)


P.s I have P.M'ed you re your MCOL.

However that's just my opinion.

Quentin

PM wrote: »

I want the whole amount now. So do I email back saying, thanks but no thanks I want the whole years cashback which is now owed to me.

You have it spot on.

Just send something short and polite along the lines of "I do not feel able to accept any amount out of court which is less than the £xxxx which remains outstanding from county court claim no: XXXXXXXXX"

Await her reply, and until you get the settlement you want (in your hands) keep progressing the court case.

Doc_N

Just a word of thanks for the advice and support in this thread, which is now being linked to from various places across the net wherever those wonderful (!) people at e2save are popping up. There are any number of watchers, like me, and I just wanted the posters to know that the good work is appreciated.

Quentin

Del_Boy_Gupta wrote: »

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?

No-one has reported their MCOL getting into court.

Out of court settlements seem the norm.

If you don't blink, then (so far reported) they pay you the full amount claimed.

(Can't recall any disagreement over the issue with MJ - if they don't pay you as agreed, then they have breached the contract, no argument there!)

PM

Just got another reply basically saying they will not change the offer and I would need to claim back the rest from September.

She says:

The offer you agreed to at the point of sale was a cash back offer where by you send in bills at certain months.As the order was placed over the internet all terms and conditions were agreed before the order was completed.

Your automatic cash back has been raised and sent out to you therefore you will need to claim your cash back as per your terms and conditions.

The T&C on documents sent by e2save clearly also say I would get cash back after 1 month and not 3! What terms and conditions do they use as none are avalible on e2save customer log in area.

Quentin

If you have your own ts + cs, then they are the ones that apply to your purchase.

You can expect this sort of reply from them - but just ignore them and let your MCOL (which was issued prior to them sending any payment) take its course.

Del_Boy_Gupta

PM wrote: »

Just got another reply basically saying they will not change the offer and I would need to claim back the rest from September.

She says:

The T&C on documents sent by e2save clearly also say I would get cash back after 1 month and not 3! What terms and conditions do they use as none are avalible on e2save customer log in area.

I repeat what I said previously which is if they think they are right why offer you £25 compensation.

I think they are paying hardball.

Incidentally how long after you filed your MCOL did you get the email from Emma?

I presume they are taking the full 14 days.

Quentin

When you issue a MCOL there are two separate sets of responses.

1) Emma (or a colleaque) attempts to get you to agree an out of court settlement for less than the amount claimed. If you accept an offer, then continue with your court case until the offer cheque has cleared. (There are reports of them failing to honour their "without prejudice" offers).

2) Quite separately their solicitors issue first an acknowledgement, (this extends the time allowed for a defence from 14 to 28 days), then a defence to the Court.

Del_Boy_Gupta

In that case I shall prepare for a long drawn out battle with them. I am sure that now that the MCOL has been submitted that the cheques will arrive pretty sharpish. (the missus just rang to say there was a letter similar to the ones they used to send with their cheques which arrived this today.