e2save problem (merged threads)

atlantis187

Can someone please give me the current address for sending my 1st cashback to E2SAVE.

Also is it worth sending it recorded delivery?

Quentin

dibber wrote: »

if I am suing for breach of contract what do I actually have to show should I get to court?

If you end up in court, you will want the judge to agree they have committed a fundamental breach of the contract.

To enable a decision, the judge has to read it!

mobilejunkie

The correct company to sue is as on the website - the registered office:-
The Carphone Warehouse Limited is incorporated and registered in England and Wales. Registered Office: 1 Portal Way London W3 6RS. I would also put T/A Onestopphoneshop (even though that is, in fact, E2Save nowadays).

I suspect the name used may be a problem - Quentin can advise on that one. As for the comments on the particulars of a claim - THAT is hugely funny considering their standard "defence"!

As for where to send claims - use the t&c you signed up to at the point of sale (for the hundreth and... time!!!).

I see E2Save have today updated the graphics on their website, taking out some inconvenient (for them) site features and taking the eyes away from the now rubbish offers. A pity they don't spend ANY time GENUINELY repairing their now shredded reputation. I suppose their brief disengenious appearances on here are supposed to do that!

Quentin

dibber wrote: »

I think I have sued the wrong people as have just received thier defence and I put OSPS (CPWH group Plc) and I think it should have been OSPS (CPWH ltd) from what they are saying. Can I alter the claim at this stage or do I have to start a new claim and if so could I be liable for any legal cost for the wrong one?

You must ensure you use the correct name.

You can amend your claim, but this costs £40 and is non refundable via an application to the court. It takes time to issue, and if you really want to carry on (in the hope they give in before a hearing, which if you attend without the contract you will lose) it is probably easier to just start again.

As you don't have the actual contract, I'd try and get hold of the appropriate one before spending any more on this by way of court fees!

Del_Boy_Gupta

Hi

just to provide an update on my situation- got a letter for the missus' hearing to say that CPw have provided a witness statement from Miss Emma Holloway in respect fo the case.

Basically the gist of the statment is that due to a computer system error the direct credit cheque wasnt dispatched on the due date as per the agreement.

CPW apoligised for this error and confirmed a cheque would be sent out within 28 days. No cheque was received within this 28 days again due to a computer error where the cheques were raised but not sent out.

As a gesture of goodwill CPW offered to pay my court costs.

As such by making these payments it has paid the credit due up to todays date and as such if theses cheques are accepted then no loss has been suffered

My question is - has anyone else had this witness statement or is it new?

I think the stement provided by CPW actually weakens their case as they make no reference to the conflicting info provided by them re where to send cliams, when to sent them and within what time frame to send them.

As such should i respond or just stay quiet waiting for the court hearing.

dibber

Quentin wrote: »

You must ensure you use the correct name.

You can amend your claim, but this costs £40 and is non refundable via an application to the court. It takes time to issue, and if you really want to carry on (in the hope they give in before a hearing, which if you attend without the contract you will lose) it is probably easier to just start again.

As you don't have the actual contract, I'd try and get hold of the appropriate one before spending any more on this by way of court fees!

Thanks Quentin sound advice as always. I think I’ll have to drop the case as I can’t see OSPS sending me a copy of the contract now, has anyone ever managed it? Would getting a copy off someone who took out a contract at about the same time be feasible (I very much doubt it, ‘clutching at straws’.) Equally I assume you can’t use the basic text about how to claim cashback which was in the ‘welcome to your new phone’ leaflet and online to argue that I have done what was asked and they have consistently failed to pay, I fear your answer will be the contract/t&c’s are the only way to go but it was worth asking.
In dropping the case, do you think I could be liable for some legal costs? I assume I need to contact someone to stop the case not just not return the allocation form.
As a point about the name I must have mistakenly picked out the Plc bit from the copyright part just under the address and proper name, doh! Annoyingly though I have just noticed this while trying to find when you get to see the t&c’s while buying a new phone.

Buy with complete confidence from onestopphoneshop which is a trading division of The Carphone Warehouse plc.Terms & Conditions

So it's not like there not part of the same firm but I guess it's the trading name that counts. Hey ho.

TREVORCOLMAN

Del_Boy_Gupta wrote: »

Hi

just to provide an update on my situation- got a letter for the missus' hearing to say that CPw have provided a witness statement from Miss Emma Holloway in respect fo the case.

Basically the gist of the statment is that due to a computer system error the direct credit cheque wasnt dispatched on the due date as per the agreement.

CPW apoligised for this error and confirmed a cheque would be sent out within 28 days. No cheque was received within this 28 days again due to a computer error where the cheques were raised but not sent out.

As a gesture of goodwill CPW offered to pay my court costs.

As such by making these payments it has paid the credit due up to todays date and as such if theses cheques are accepted then no loss has been suffered

My question is - has anyone else had this witness statement or is it new?

I think the stement provided by CPW actually weakens their case as they make no reference to the conflicting info provided by them re where to send cliams, when to sent them and within what time frame to send them.

As such should i respond or just stay quiet waiting for the court hearing.

Thats a new one to add to their excuses list! They do seem to have a lot of computer errors. Which you may excuse if they then reply to correspondence - which they dont!

mobilejunkie

Best not to go for the free computer offers from them then!

Del_Boy_Gupta

Del_Boy_Gupta wrote: »

Hi

just to provide an update on my situation- got a letter for the missus' hearing to say that CPw have provided a witness statement from Miss Emma Holloway in respect fo the case.

Basically the gist of the statment is that due to a computer system error the direct credit cheque wasnt dispatched on the due date as per the agreement.

CPW apoligised for this error and confirmed a cheque would be sent out within 28 days. No cheque was received within this 28 days again due to a computer error where the cheques were raised but not sent out.

As a gesture of goodwill CPW offered to pay my court costs.

As such by making these payments it has paid the credit due up to todays date and as such if theses cheques are accepted then no loss has been suffered

My question is - has anyone else had this witness statement or is it new?

I think the stement provided by CPW actually weakens their case as they make no reference to the conflicting info provided by them re where to send cliams, when to sent them and within what time frame to send them.

As such should i respond or just stay quiet waiting for the court hearing.

Having just checked the hearing notice I note that it states that 'Each party shall deliver to every other party and to the court offices copies of all documents (including any experts' report) on which he intends to rely at the hearing no later than 02 October 2008.'

Well I got their witness statement yesterday and of course it was only faxed across to the court on 2/10 - I presume a written copy wasn't provided till after that date.

Since I did not receive it before the date given in the notice of hearing should I be writing to the court to ask them to chuck this information out?

I am worried that I have not provided any evidence to the court in relation to the conflicting information provided by e2save over the dates and now obviously since e2save provided their response after the date I have no time to submit it.

Any ideas guys- (and whilst we're at it I presume e2c will also chip in with the usual we'll respond within 72 working hours!)

ric3vic

Computer errors are not your responsibility but E2S's. If you cited a computer error as the reason why your claim was late, it would be unacceptable and the cashback would (correctly) be denied.
E2S offering to pay your costs suggests that they know they will not win. Leave the court process to run (and rack up costs for e2s) until you have an actual cheque, and have cashed it.
You have not cited the conflicting information, but neither has e2s cited the terms in front of the court and proven that you have broken them. Indeed, by citing the computer error it admits that you have a valid claim.