e2save problem (merged threads)

wolfman

More problems for me. I've received a form from the courts to be sent back within 2 weeks. Looks like I could be going to court.

I'm still emailing OSPS, although they take around 3-5 working days to respond to each email, so it's a slow progression.

Firstly, if you do settle, don't cash any cheques until you know clearly what the offer is made up of. They may be sly and send you out the cheques in an attempt to lure you to just take the money. Just make sure they've not added any hidden snags.

The one thing holding up me from agreeing to the offer are the terms and conditions. I've told them I don't want my terms changed, and they've said they can't change the terms to the ones I mentioned (!?!).

Worst still, they don't appear to know their own t's and c's. I'll be using this to my advantage.

The representative told me I could send either my December or January bill in to make my claim. She mentioned that I can send me December bill as long as it is after the claim date, and not older than 28 days.

However, I pointed out the part in the terms and conditions that states

Send us the claim form and original monthly bill showing your name, address, mobile number and
tariff you are connected on, dated 240 days (8 months) after connection.

Which clearly states "dated 240 days after connection". My December bill is not dated 240 days after connection. Therefore their advise actually breaks the terms and conditions that apply to my deal. I think it even breaks the current set of terms they have (I may be mistaken).

Despite this, I'll get exactly the same explanation. I'm beginning to wonder if using colourful or larger fonts may help them understand.

Oh and they don't acknowledge having "new" or "changed" terms. They say there are on Price Match terms which have been the same all along.

mobilejunkie

I'm afraid I've known all about this for months. It's the basic scenario I explained in Post 5 on page one of my Guide thread! They are basically operating on the SAME t&c they ALWAYS used - long before "price-match" arrived. That's why they a) ignore the t&c they actually stole from their competitor and b) don't understand them. They do pay - but in your situation only you can decide which is the best combination of bills etc unless you are preapred to sue (I know you are!). Personally, I cover both sets of t&c - but then my contracts are all worked out long before claim number one and I have no tricky conflicts. Having said that I'm having fun and games on one very old contract and another is likely to produce fireworks in about 2-3 months.

postmanpat_3

we are in the same position as a lot here sent the claim too early actually the only time we had that we could have claimed was within a window of wait for it 1 day. Anyway we actually issued a lba then fileda claim for whole 12 month ( we were actually on our first claim ) with small claims court. E2save did not respond within the allocated time and on 10th jan they were issued with notice of judgement agiast them. We are hoping this means they will pay up. They have 14 days to do so. Will keep you informed. We have another contract which is in exactly the same position and once this has been completed we will file a claim for that one

mobilejunkie

If they break the t&c on the second, why wait? You have a judgement; they have no choice but to pay.

ric3vic

Somewhere above is a post from me saying that I was preparing to sue E2S. They did not respond to a LBA so I also lodged the action at moneyclaim.gov.uk and E2S will have 14 days to lodge a defence.

madkitty

and then if they still dont pay you can send in the bailiffs LOL

eanie_meanie

Well after taking out 2 further e2save contracts in the summer and not realising until later they were different to my previous contracts I've been really worried.
After reading on here and getting in touch with my local trading standards I managed to get a letter from cw head office telling me exactly which bills to send in and the window dates. They make no mention of the legal t&c but that's a fall back position as far as I'm concerned.
Anyway the first claim window ended 13th Jan, I didn't get the bill till 2nd Jan (dated 21st dec) and I sent it spec delivery on 3rd Jan. I've had the cheque today for £84 so that's a relief...just have to keep as organised with the other claims.
At least this was a quicker turnaround - it used to take them 3-4wks for the acknowledgement text then another 4-6weeks for the actual cheques.

postmanpat_3

We have followed this thread and listened to all dvice so thank you to all who have posted advice and experiences. The reason we only filed 1 small claims was as we have 2 accounts both being the first cash back claim the ammount totalled to nearly 1000. Although we believed that te company were totally wrong they have a ;efal team we do not so we decided dince contracts were in 2 different names we ought to see if they had anything up their sleeve. We also have a third contract which the claim was for the final cashback. This was £90. this apparently was not delivered to office. We do have proof of sending. W did not know it had not been recieved until it was too late to resubmit. The post office say we cannot claim through them as it was paperwork and recorded delivery does not include this.

ric3vic

Advice please: a cheque has arrived. So I am reasonably happy. however I am still now out of pocket by my court costs, and I still allege that E2S changed the terms. Hoping that the ever helpful mobilejunkie is around: shall I accept the cheque, pursue for the court costs or let the process run to prove breach of contract?

Quentin

Have they attached any strings to this cheque?