e2save problem (merged threads)

Del_Boy_Gupta

Quentin I have p'm'ed you but you are over the quota therefore I have emailed you a response which I hope you will read

valiant

Del Boy, can you PLEASE let us know what actually happened with your case. Was it heard?

mobilejunkie

Maybe he'd prefer not to be identified; if he gives public details he will be. I am also interested, but I suggest you pm him if he doesn't wish to annouce everything.

mulerider

Had my 1st claim rejected on an existing contract after several years and successful claims with E2Save. I'm sticking to the original T&Cs which clearly state my first claim is 6 months from connection.

Connected on 26/05/08 which make my first claim date November (sent the bill dated 27th November 2008).

REDEMPTION INFO (12 Months FREE by redemption):
YOUR CHOSEN PLAN – with our Special Offer!Offer Summary:

18-month contract with O2 'O2 600 min + 500 sms 18M' on a basic monthly line rental of £35.00 per month.

Our Offer:

12 Months FREE by redemption
Saving £420.00 (over 18-month period)

Effective average monthly rental - £11.67 (over 18-month period)

Please note: the above calculations are based on the basic line rental and do not include billing.

GETTING YOUR CASHBACK – it's really easy!
(But remember to follow the rules below)Your £420.00 cashback needs to be claimed by you in 5 stages as detailed below.

Claim 1 – Send in the bill dated 6 calendar months from the date of connection, you will receive £84.00 by cheque within 28 days.

Received an email reply within a few hours today, E2Save's claim dates are below:

Your cashback claims are at 6, 9, 12, 15 and 18 months of your contract. You need to send in the bill received in the relevant month within 60 days of the date on the bill. The bill needs to show your mobile number, tariff, bill date, name and address and that there is no outstanding balance. We recommend that claims are sent recorded post to Cashback Claims, Admail ADM 4118, Loughborough, LE11 1YX. Please find your claim months listed below:

Month 6: October 2008
Month 9: January 2009
Month 12: April 2009
Month 15: July 2009
Month 18: October 2009

I have the October bill but I'm going to send my LBA tomorrow and then pursue the full cash back amount through MCOL.

I even sent the original email with my claim. I'll keep everyone posted.

Mulerider

amf

I'm sure that Quentin or mobilejunkie will be along shortly with their comments but there are a few points which spring to my mind;-

1. As has already been written in this thread, their definition of the 6 month bill is the one at or just after 5 months from connection - month 1 bill is within a day or two of connection, month 2 bill is a month later, and so on. That is why they are looking for your October bill. They usually give an example in their Ts & Cs prevailing at the time of purchase.
2. Why not just send the October bill - you are within the 60 day limit? Having taken them on and won (out of court) I remember the hassle of launching and follow up MCOL. I wouldn't want to repeat it unless absolutely necessary.

Good luck:)

mobilejunkie

E2save have quietly reverted back to the way they did things before the IIC arrived 18 months ago. i.e. the month you get the phone IS month one. They have muddied the waters totally on purpose once more, but I realised this (as always) quite quickly and have adapted. Send the October bill but always cover yourself. It's too late once you send the November bill. At that stage they definitely won't pay and you will definitely have to sue - with no absolute guarantee of success. The legal t&c at the point of sale THIS time vary subtly - so you must read them extreme;ly carefully to ensure you can't be stuffed (E2Save's version of the Christmas turkey except they like to engage in it all year round). As always with this company - even when they were actually reputable - it's a combination of the legal t&c and their own particular (changing) ways of doing things. ALWAYS comply with the legal t&c and make sure you can prove it and you WILL get your money one way or another. Slip up and you may not. It is always possible to follow both the legal and their concocted ones at the same time if you know what you're doing - but they are determined (as always now) to mislead and confuse. It is plain they are still succeeding. Fortunately, they haven't had ANY even half-decent cashback deals for a long time, so perhaps the endless supply of lambs to their slaughter will at least abate.

Guys_Dad

Not quite sure which of their various bits of paper/web screens the bit in red came from

Claim 1 – Send in the bill dated 6 calendar months from the date of connection, you will receive £84.00 by cheque within 28 days.

but it would be clear to any court in the land that 6 calendar months after May 26th is not October! The key is the wording "calendar months" and the English interpretation thereof. The T&C, as others have said, is the main key document, but your case is pretty strong unless the T&C wording clearly spells out what they mean if it is different from the calendar month definition above in the inducement to buy.

They are bound to lose any case if they are shown to be deliberately setting out to deceive with a view to avoid payment.

So go ahead with the LBA.

mulerider

amf wrote: »

I'm sure that Quentin or mobilejunkie will be along shortly with their comments but there are a few points which spring to my mind;-

1. As has already been written in this thread, their definition of the 6 month bill is the one at or just after 5 months from connection - month 1 bill is within a day or two of connection, month 2 bill is a month later, and so on. That is why they are looking for your October bill. They usually give an example in their Ts & Cs prevailing at the time of purchase.
2. Why not just send the October bill - you are within the 60 day limit? Having taken them on and won (out of court) I remember the hassle of launching and follow up MCOL. I wouldn't want to repeat it unless absolutely necessary.

Good luck:)

Thanks for the advice, the October bill is still well within the 60 day claim window so I will be sending it today recorded delivery. Through principle I want to pursue the claim through MCOL but this isn't absolutely necessary.

Thanks again

TREVORCOLMAN

mulerider wrote: »

Thanks for the advice, the October bill is still well within the 60 day claim window so I will be sending it today recorded delivery. Through principle I want to pursue the claim through MCOL but this isn't absolutely necessary.

Thanks again

If you send the LBA and they dont reply - they have never replied to my 10. Then MCOL - you also have the satisfaction of knowing that they are having to pay out an extra £25 Court Fee on top of the Cashback they should have paid out in the first place.

mobilejunkie

Sometimes they do! As for the "calendar months" definition (Guy's Dad), it is an incorrect assumption. READ THE REST OF THE T&C - usually they go on to give a clear and specific example which sometimes contradicts the assumption just made. I would rely on the example rather than the supposition.