e2save problem (merged threads)

Quentin

Definitely don't accept this.

You don't need to negotiate at all.

Is the cash offer equivalent to the total you have sued them for, (ie the amount they have received on the summons from the court?).

wolfman

In my LBA I said I'd sue for 2 cashbacks, fees, and cost incurred from having to resolve the issue.

They have offered to pay for the 2 cashbacks, and fees but nothing more. And they want to change my terms to something which are harder to fulfill by.

Yes, definitely think I'll be rejecting the offer.

Quentin

But have you issued the summons (and incurred any legal fees)?

mobilejunkie

I agree. I'd tell them to get stuffed. They only did what they contracted to once you'd either threaten or commenced legal action. There is a need to make it plain to them that this behaviour is unacceptable. You cannot negotiate with people who think they can change the rules of the game whenever it suits them. My legal claim is about to commence ( sad this company ends up being the first mobile operator I've actually had to sue after being so good in the past). As far as I'm concerned they can't change my legal t&c because I won't let them - though my case is for different reasons.

wolfman

Quentin wrote: »

But have you issued the summons (and incurred any legal fees)?

Yep, £25. Already taken from my bank account


I've rejected the offer. I definitely don't want my terms to be changed, and I've pointed out that the offer doesn't account for all the time and phone calls I have to make to resolve the problem, which was not my fault.

Cheers guys.

bassman

mobilejunkie wrote: »

Sounds ok; hopefully you made a note of who you spoke with and when. It's usually about 2 weeks after it's raised before you get it. I've never known them say a cheque's been raised and then not have it arrived. Although you have to take what they say with a pinch of salt nowadays I think you should be able to breath easy now and let it ride.

As i said earier, I emailed a few of their team on Monday, and have not had a reply from any of them other than an "i'm out of the office" email off one of them......Do you think i should just now accept the verbal confirmation that I got over the phone, that the cheque HAS been raised, or bite the bullet and resend the claim with the correct Transaction number, covering letter but copy bill(original already sent) by SD to get there before the 29th deadline.

mobilejunkie

On balance, if it were me and I'd go a note of the name of the person who told you the cheque had been raised (and the time/date of that conversation) I'd probably sit tight. Should the cheque not arrive i'd risk a LBA and ultimately suing based on 1) the fact my proper claim was received on time in accordance with the t&c, 2) the error regarding the transaction number should not have prevented a valid claim, 3) they had plenty of time to correct any mistake - but didn't and 4) you checked with them and were specifically told that a cheque had been raised etc. In addition, I would point out that the t&c refer to the number given at the point of order as the important one. Since the transaction number only arrives with the phone and doesn't get a mention in the t&c this could be/is misleading.

It wouldn't guarantee success but judges tend to be reasonable and intelligent and it isn't an exact science - I would be optmistic should I need to argue my corner. However, it is your call I'm afraid.

bassman

mobilejunkie wrote: »

On balance, if it were me and I'd go a note of the name of the person who told you the cheque had been raised (and the time/date of that conversation) I'd probably sit tight. Should the cheque not arrive i'd risk a LBA and ultimately suing based on 1) the fact my proper claim was received on time in accordance with the t&c, 2) the error regarding the transaction number should not have prevented a valid claim, 3) they had plenty of time to correct any mistake - but didn't and 4) you checked with them and were specifically told that a cheque had been raised etc. In addition, I would point out that the t&c refer to the number given at the point of order as the important one. Since the transaction number only arrives with the phone and doesn't get a mention in the t&c this could be/is misleading.

It wouldn't guarantee success but judges tend to be reasonable and intelligent and it isn't an exact science - I would be optmistic should I need to argue my corner. However, it is your call I'm afraid.

That'll do for me MJ....thanks again.....I have the confidence to issue an LBA and take it further............hadnt realised that, about the Unique Order Number....thats a bit more reasuring.

mobilejunkie

Let us know how you get on. The reference number at the point of sale reference - as with just about everything - all stems from history. they copied these terms word for word from Mobile Affiliates originally without bothering to understand them perhaps because they had no intention of actually following them in the first place) and have been struggling ever since to bend them to the way they actually prefer to do things. However, much as they try (and no doubt in many cases succeed) there's no reason why they should be able to! It won't help you much, but it's ironical that many people with Mobile Affiliates in the latter days were declined for not quoting the number they were given at the point of sale rather than the one which came on the silly document with the phone!

My money's on the cheque arriving in this case, with no need for a LBA. It should arrive no more than 2 weeks or so after it was raised, assuming it was.

Quentin

wolfman wrote: »

I've rejected the offer. I definitely don't want my terms to be changed, and I've pointed out that the offer doesn't account for all the time and phone calls I have to make to resolve the problem, which was not my fault.

Stick to your guns - they must pay your claim in full (as you put on the summons) with no strings. Or if they want to dispute your claim, put in a defence against your claim.

But you can't now ask for more than you have claimed (to compensate you for your time and expenses) as the figure you have put in your summons is the one the court will rule on (if a hearing is necessary).

If you want to now ask for these expenses, then that will have to be a separate action.

(When you made your original claim you could have claimed for interest due on the late payments and as their failure to pay you is a fundamental breach of the contract you could have claimed the total due under the whole contract rather than just the late payment).