e2save problem (merged threads)

mobilejunkie

Someone just posted some totally wrong advice regarding which bill antispam246 should send - as I contradicted it the post disappeared, so I deleted mine. My original advice stands; I do have lots of experience with this company. At the end of the day anyone doing deals with the devil needs to undertsand how the game is played, otherwise they may lose - any advice given on here is then accepted or rejected according to their own judgements. I presume the person whose post vanished realised their mistake and deleted it; I am sure they had good intentions, but good intentions does not make for a successful cashback. It is good, however, that nowadays there are at last many other people who have grasped the pitfalls and dangers and do have a clearer understanding of what to do. My advice isn't as necessary as it was, which is a good thing - as long as the alternatives are correct.

Quentin's advice is always sound; only yesterday a loyal customer of 2 years posted on a new thread with problems they'd never had before and showing E2Save in the light they now enjoy.

PM

Hi could someone please help and check over the following details for my allocation questionnaire regarding e2save failing to pay auto cashback. I am going on details which accompanied the phone called the "your offer explained" which said cashback after 1month. THANKS!

[FONT=&quot]On 25th March 2008 I purchased a TYPE Mobile Phone on an O2 12month contract. The offer I signed up to was a £30.00 per month contract with £360.00 cash back by redemption.

[/FONT][FONT=&quot]E2save did not pay the automatic £111.00 after 1 month as specified on the the start of the contract as agreed. This is a fundamental breach of the contract and I now require payment of £360.00 (being the full amount outstanding from the original contract).
[/FONT][FONT=&quot][/FONT]

Quentin

The allocation questionnaire gives the opportunity to set out any other information about the case apart from the information already supplied on the claim form. Haven't you already stated this in the original claim?

Without knowing what you have said already it is difficult to know if you are giving what is needed.

You haven't referred to the defence - is there nothing in it which you want further information from them about? They usually make a general defence, simply saying they deny your claim. You may wish to request them to explain how they arrived at such a defence.

PM

Thanks Quentin. In short I just stated what I was due and they broke the T&C. Defence they submitted just says they owe me nothing and they deny everything. The day after I submitted the MCOL I got a cheque for auto cashback dated back a week which I still have NOT cashed (as I wasn't 100% sure if I should). Help is much appreciated. Thanks

[FONT=&quot]Claim for the FULL chequeback of £xxx. The Automatic Chequeback of £xxx was due in (Month), and £xxx due in (Month). I contacted e2save several times for the Automatic Chequeback of £xxx, but was ignored. [/FONT][FONT=&quot]

e2save have fundamentally breached their TnC's of not fulfilling the Auto chequeback. I hereby submit an additional claim of £xxx for other expenses, which includes postage, call charges, and compensation for inconvenience caused.[/FONT]

Quentin

As far as the cheque goes, you can safely bank it (keep a copy). It won't affect the outcome of your claim in any way. It is just a part payment of the claim, and your accepting it doesn't mean the matter is closed.

Are you certain that the ts + cs state you will be paid after 1 month? The ts + cs supercede any other info they gave you at the point of sale, and usually stated payment after 2 months.

Please check and post back as this will affect how you proceed.

PM

Though the offer originally said 2 months, the "Your Offer Explained" sheet enclosed with the phone says:

"Auto Chequeback £111 chequeback offer after 1 month.Yes its 1 month." Goes on to say after which send 6, 8, 10, 12th Bills.

Quentin

You are pursuing this as a fundamental breach of contract - the "your offer explained" sheet won't stand up in court as the contract.

Do you have the ts + cs?

PM

I think so, the other leaflet enclosed was "welcome to your new phone" which set out the terms including the cashback. This does not state any bill numbers, etc just claims must be within 30 days, etc.

There are no other terms on my login on the e2save site its just blank. Im confused how many T&C do they have.

edit:
just to add the site has offer breakdown, but the auto cashback does not state any date.

Quentin

The cashback ts + cs will be clearly headed "Terms & Conditions", and state the full claim process (when the auto cashback comes, specific details of each instalment etc).

Your case is that they have fundamentally breached this contract, but you obviously need to be able to show the judge (and the defendant) how you feel they have breached it.

If this goes further you will need to produce these. (Otherwise how can the judge agree with you that the contract has been fundamentally breached?)

As mentioned, the "your offer explained" sheet isn't the contract you say they have breached. And does it really just say:

Auto Chequeback £111 chequeback offer after 1 month.Yes its 1 month.

When you signed up for the offer, you would have to accept the ts & cs - these are the ones that are pertinent, and you should have printed them off at the time (just in case they pulled any strokes and changed them to their advantage).

They would say something much more definite - along the lines of "A credit of £111 will be raised by cheque within x months as long as you do not cancel the contract".

Check out the documents you have and confirm whether or not the actual ts + cs is amongst them.

mobilejunkie

The only t&c that matter are the ones you signed up to at the time. They are always on there - if you look carefully - at the point of sale. It's extremely basic to copy and print them out at the time - otherwise you end up in this situation.

The t&c at the time DID specify:- "A credit of £111 will be raised automatically within 2 months" etc...