e2save problem (merged threads)

Lynsey

urban469 wrote: »

Ah, that's interesting. So you waited 6 days after your 12th bill before playing with your tariff.

I actually asked beforehand and was told to wait and ring back later, actually he rang back, but we agreed the deal. He told me when the bill would be generated to show the 12th month and it was sorted 2 days later.

Lynsey

amz84uk

Quentin wrote: »

Did you tick the box for the mediation service when you completed the questionnaire?

(How do you mean you have tried this already?)

Hi Quention, thanks for the reply. Sorry, I meant that I have tried this already, as Sue at e2save sent me an email about 2months ago now saying that they'll settle this by offering me the amount I am due + court costs, which I refused, and then a final email was sent confirming that a cheque would be sent to me between 7-10 days for the full amount. Email was titled "Without Prejudice" and no cheque arrived, and since then, my emails have been ignored.

The mediation service seems to be a similar process, as they cannot guarantee the outcome will be met, and is always Without Prejudice, hence I'm not willing to go through the Mediation Service now.

Lynsey

Sorry urban469 my dates were wrong (July, not August) and are amended. No difference to the deal but hope you get my drift.

Lynsey

agsnu

amz84uk wrote: »

Hi Quention, thanks for the reply. Sorry, I meant that I have tried this already, as Sue at e2save sent me an email about 2months ago now saying that they'll settle this by offering me the amount I am due + court costs, which I refused, and then a final email was sent confirming that a cheque would be sent to me between 7-10 days for the full amount. Email was titled "Without Prejudice" and no cheque arrived, and since then, my emails have been ignored.

The mediation service seems to be a similar process, as they cannot guarantee the outcome will be met, and is always Without Prejudice, hence I'm not willing to go through the Mediation Service now.

Mediation is a completely different process, where you have an objective third party sitting down at the table to negotiate a solution. The first page to the HMCS "Making a claim? - Some questions to ask
yourself" leaflet (EX301) says:

Court rules require you to think about whether alternative dispute resolution is a better way to reach an agreement before going to court. If you refuse to consider this, you may not get your costs back, or the court may order you to pay the other party’s costs, even if you win the case.

So you need to ensure that you have good reasons rather than dismissing it out of hand.

amz84uk

Agsnu, thanks for the message. I didn't pick up on that bit though. I read in the leaflets that the Mediation service is a neutral setting, and that the outcome isn't guaranteed but is settled "Without Prejudice", hence assumed that I've already gone down that route.

I'll send off the form for the Mediation service tomorrow, to be on the safe side. Thanks.

Quentin

There is no need to use the mediation service if you don't want to.

It has little to offer in cases like this, as it is a clear cut sum you are sueing for. The Mediator tries to get the matter settled by asking the claimant how much they will take to close the case.

If you can, say you want a small claims court hearing to deal with this, and you aren't keen on the without prejudice mediation service (you can say you were offered settlement by the Defendant "without prejudice", and you are still waiting.)

All using the mediation service will do is prolong the matter.

agsnu

Sorry I should clarify - you don't need to go through mediation, but you should probably have a reason to hand if you don't. You can perfectly legitimately consider it and decide that it's not appropriate. As Quentin said, it doesn't really seem appropriate for these cases - I'm quite surprised that the court suggested it to you.

Got a copy of my Judgment in the post today. Spoke to CPW legal today and they said the only reason they wouldn't have replied would have been if they hadn't received the claim form... Gave them the claim reference number and they're going to investigate and be in touch by post.

TREVORCOLMAN

mobilejunkie wrote: »

You then have a recent contract (last couple of months.) That means you can send copy bills and may have 60 days to claim (don't count on it though!). You should have claim forms with the Loughborough address. In this instance that is where you should send your claims to. If they don't get there you can resend on this contract, provided you keep a close eye on it.

Yes I took it out at the end of Feb. I was going to send to the Loughboro address anyway as this is the most recent.

Do I now have to send "originals" of bills - I have always sent copies in the past?

PM

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.

Now the enitial 28 days have passed they filed saying they are going to file a defence. Then I received a letter last week recorded delivery with a letter same as the email! so far I have ignored it. What is the next step?

mobilejunkie

TREVORCOLMAN:- Why ask a question I already answered?