e2save problem (merged threads)

mobilejunkie

I thought you'd have realised by now that they are pretty much!

julesmay

gutted! just about to send an LBA for non-payment of auto cashback, low and behold a miserly cheque turned up this morning- it certainly was a hell of a lot longer than 2 months! any recourse to be had now i have the cheque albeit late

Quentin

If the cheque is not for the correct amount agreed you should still send off the LBA. By not sending the correct amount the contract has been breached.

But if the "miserly" amount received is what was expected, then all you can do is await another breach.

Don't be so patient if you want to take legal action - you can send off the LBA as soon as they are one day late getting the money to you.

gillette147

Quick question.
My original email explaining the cashback rules states send vouchers to Crewe. The online forms say send to Loughborough

Where are people sending them to?

StockportGerbil

Folks :-
I've successfully taken E2Save / carphone warehouse (CPW) to court via MCOL and received judgement by default. I have received and banked the cheque and it seems to have cleared. (Thanks for your help so far.)

However I haven't replied to E2Save or the court to say the case is settled.

The problem I have got is one component of the money I was claiming for was due to the fact I cancelled (in writing and by phone) an O2 contract with E2Save in January this year and the service was disconnected on 24th February. At that point I cancelled the direct debit. I claimed for the line rental from 24th February to 14th March and have now received it, but E2Save / O2 continued to charge me line rental for April and May until their billing system was finally updated with the fact the contract had been ended. (For those unfamiliar with the E2Save / CPW - O2 arrangement then CPW operated the billing and helpdesk on behalf of O2 for those contracts it sold.)

I've managed to pursuade one lot of debt collectors that this really isn't money I owe, so our friends at E2Save have appointed another lot of debt collectors. This is getting a bit tiresome and I assume my credit record has got a poor entry against it.

How do I get someone at Carphone Warehouse to call off the debt collectors once and for all and remove the bad credit reference?

Thanks

Kevin

mulerider

Just a quick update, I've just made a claim for my dad. I sent online bills (the contract started in January this year) and posted the claim on Wednesday 23rd July by RM recoreded delivery to the new cash back address. The cheque arrived yesterday!! Is this a record for E2save??

Del_Boy_Gupta

Hi just an update on my 3 claims- they have entered a defense of we owe you nothing on all three.

I have been sent the allocation questionnaire. Presumably I should be answering no to the question of using the free small claims mediatino service provided by Her majesty's courts service to help settle my claim with the other party.

Are people informing E2 save once they have submitted their allocation questionnaires- I was as I was going to tell them that i was going to add to my claim for expenses since the original contact. Or can I not do that?

agsnu

Del_Boy_Gupta wrote: »

Are people informing E2 save once they have submitted their allocation questionnaires- I was as I was going to tell them that i was going to add to my claim for expenses since the original contact. Or can I not do that?

Firstly, you can't change what you're claiming for at this stage in the game without an application to the court and various wranglings. This should be obvious - you can't sue someone for x and then after they've had a chance to enter a defence also sue them for y and expect them not to have time to reply.

Secondly, the whole point of small claims is that you cannot reclaim costs.

Quentin

As agsnu says, you cannot now alter the claim to add in expenses you forgot about when originally submitting your claim, but there is no reason why you cannot start a new round to claim these amounts as a separate amount (following the LBA then MCOL route), as long as the amount involved is worth the effort!

There are some costs you can ask for after a successful MCOL (eg all court fees, any travelling expenses and a contribution towards loss of earnings for attending a hearing.

The original claim could have included an amount for out of pocket costs associated with trying to get paid, as well as a claim for interest accrued on any late payment being chased. As far as interest is concerned, then this would be updated to include the further interest accrued between the date of the claim and the date of the judgement/enforcement.

There is no need to pass the details of your dealings with the court on to e2save, and really would just add to your own costs as well as adding to the wasted time devoted to them.

Quentin

StockportGerbil wrote: »

How do I get someone at Carphone Warehouse to call off the debt collectors once and for all and remove the bad credit reference?

Try a letter (no phone calls) to their legal department,(the HO department that wrote to you with their sincere apology for causing all the trouble and enclosing their cheque to pay the judgement you got), explaining the ongoing problem (enclose copies of the relevant court papers highlighting the sections relevant to this matter and as them to resolve it, and remove any detrimental credit references they have given you and confirm they have done so).

Tell them you are unhappy at this, which amounts to harassment (which is illegal), and at odds with their apologetic letter, and threaten further escalation.