e2save problem (merged threads)

TREVORCOLMAN

TREVORCOLMAN wrote: »

I emailed you ([EMAIL="forumsupport@e2Save.com"]forumsupport@e2Save.com[/EMAIL]) on 21 Dec 08 with a VERY simple question. It is now 19 days and you have NOT replied.:rotfl:

No answer by end of today = complaint to OFFCOM.

siendi

An update to my previous postings. Need advice on what steps to take. And i do not need [EMAIL="forumsupport@e2save.com"]forumsupport@e2save.com[/EMAIL] asking me to go on their forum to get help and advice. This matter is way past that point

I am going to email ofcom today and see if i can get any advice there as i have received a letter from them today via recorded delivery demanding the items are sent back

They state "no contract was concluded due to the connection to the network contract failing and, as such, title to the goods did not pass to you. The CPW, trading as OSPS remains the legal owner of the handset"

Now, as i have mentioned previously, when the handset was received and sim inserted, the phone was used to make calls thus me entering into the contract (this is stated on the outside of the sim packet). So they use this clause when it suits them, yet they are saying it doesnt stand as a valid point on my behalf. I am and always have been more than willing to pay the monthly contract

I have all emails stating that i passed the network checks etc and then they tell me on the phone that 'well you passed at our end but not at t-mobiles end'.............so does this mean they send goods out anyway without any1 being passed by the network?? Whats all that about?? What a way to run a business!!!!!!

Any advice would be gratefully received

I have been given 7 days to return everything or i will be invoiced for the goods!!

T-mobile told me to get OSPS to call them and set up a new contract......i passed this onto OSPS and they told me they cannot do this until all goods are sent back!!!!!!!!!!!! What???????????!!!!!!!!

Doc_N

siendi wrote: »

An update to my previous postings. Need advice on what steps to take. And i do not need [EMAIL="forumsupport@e2save.com"]forumsupport@e2save.com[/EMAIL] asking me to go on their forum to get help and advice. This matter is way past that point

I am going to email ofcom today and see if i can get any advice there as i have received a letter from them today via recorded delivery demanding the items are sent back

They state "no contract was concluded due to the connection to the network contract failing and, as such, title to the goods did not pass to you. The CPW, trading as OSPS remains the legal owner of the handset"

Now, as i have mentioned previously, when the handset was received and sim inserted, the phone was used to make calls thus me entering into the contract (this is stated on the outside of the sim packet). So they use this clause when it suits them, yet they are saying it doesnt stand as a valid point on my behalf. I am and always have been more than willing to pay the monthly contract

I have all emails stating that i passed the network checks etc and then they tell me on the phone that 'well you passed at our end but not at t-mobiles end'.............so does this mean they send goods out anyway without any1 being passed by the network?? Whats all that about?? What a way to run a business!!!!!!

Any advice would be gratefully received

I have been given 7 days to return everything or i will be invoiced for the goods!!

T-mobile told me to get OSPS to call them and set up a new contract......i passed this onto OSPS and they told me they cannot do this until all goods are sent back!!!!!!!!!!!! What???????????!!!!!!!!

A difficult one, because from a legal standpoint they may well be right (because of their very restrictive terms and conditions) about title in the goods not having passed to you. You may well have to return the phone - unless you fancy a legal argument which could prove time consuming, expensive, and possibly ultimately futile. They should, in law, either collect the goods, though, or pay for them to be returned.

Whatever you decide to do, I urge you to complain to Ofcom about your treatment, and suggest to them that this is another example of their mis-selling. Ofcom are unlikely to offer practical assistance, but they do (as explained above) log all complaints and once the trigger limit is reached they will launch an investigation.

siendi

A quick update............since receiving the letter demanding that the phone etc be sent back, money has actually been taken out of my account via direct debit for insurance for this phone!!!!

So on one hand they are telling me that no contract has been entered into on their behalf (even though i used the phone to make calls), so title of goods belongs to them, yet they have taken money out of my account for phone insurance for it!!!!

Where do i stand now?? Any ideas?

I think its totally unfair how i have been treated, on one hand being told all network checks passed etc and then being told, sorry you failed checks, send it all back.

Im disgusted with this company

TREVORCOLMAN

siendi wrote: »

A quick update............since receiving the letter demanding that the phone etc be sent back, money has actually been taken out of my account via direct debit for insurance for this phone!!!!

So on one hand they are telling me that no contract has been entered into on their behalf (even though i used the phone to make calls), so title of goods belongs to them, yet they have taken money out of my account for phone insurance for it!!!!

Where do i stand now?? Any ideas?

I think its totally unfair how i have been treated, on one hand being told all network checks passed etc and then being told, sorry you failed checks, send it all back.

Im disgusted with this company

Welcome to the club - its has a large membership!

:mad:

soolin

siendi wrote: »

A quick update............since receiving the letter demanding that the phone etc be sent back, money has actually been taken out of my account via direct debit for insurance for this phone!!!!

So on one hand they are telling me that no contract has been entered into on their behalf (even though i used the phone to make calls), so title of goods belongs to them, yet they have taken money out of my account for phone insurance for it!!!!

Where do i stand now?? Any ideas?

I think its totally unfair how i have been treated, on one hand being told all network checks passed etc and then being told, sorry you failed checks, send it all back.

Im disgusted with this company

The insurance is probably via a third party and is therefore outside of the problems you are having. As has been seen on other threads it is not unknown for someone to continue paying for insurance way after a phone has been thrown away as the insurance is dependent on the customer only retaining it whilst they have the phone to insure and personally cancelling it when they don't.

dov

Moviestar wrote: »

The letter was sent by recorded delivery but when you put the tracking number into Royal Mail tracker facility it said it could not find any information.

I sent them a scanned image (pdf) of the bill, the little claim form and the proof of purchase and they excepted the lot must admit though I have not yet received the cheque yet only the confirmation that it will arrive within the next 14-28 days.

dov wrote: »

Thanks for clarifying. Can you let us know if you actually receive the cashback? I ask because I know someone in a similar situation.

mobilejunkie wrote: »

If you contact Royal Mail when that happens they sometimes confirm delivery and correct the tracking information. I would always check that first before relying on gifts from a Trojan Horse.

An update from my friend. On phoning royal mail they couldn't confirm delivery. However, e2save did in fact send the cashback after emailing a scanned image of the Royal Mail recorded delivery receipt.

mobilejunkie - I've personally had your experience where phoning RM confirms delivery but it wasn't to be in this case.

mobilejunkie

Always worth a try. Amazing that E2Save coughed up; must be getting concerned that the flack they are now getting from the complaints to ofcom could lead to a formal investigation. It certainly isn't because they care about their reputation or their customers!

Quentin

One unexpected bonus for anyone who has successfully sued e2save for the full amount owing following a fundamental breach on an o2 contract.

When the time comes to negotiate a retention deal (ie when giving in notice to the network, one month prior to the end of the minimum contract) you can accept a deal (if it's what you want), and it is immediately put in place (eg - old deal £35/month replaced by a retention deal at £5/month).

This means you don't have to pay the last month at the full price - even though e2save will have already paid it to you as part of the settlement of the claim.

And maybe e2save suffer a financial "punishment" by way of a clawback of their commission from the network as the original contract has not been completed! (Their cashback contracts always say you must complete the full original contract with no changes).

RabbitMad

If I cancel my contract at the end of the 12 months and haven't spent any money within the last month (i.e. Only used inclusive minutes) will I still get a bill?