e2save problem (merged threads)

mobilejunkie

I'm not sure their letter forces you to accept any t&c other than the ones you signed up to - therefore cashing the cheques should be ok. Was you claim for the whole cashback or just one installment? Did they also pay the court fee? Those answers may affect your decision. I've explained many times they have several sets of t&c which they have tinkered with now and then to try and cover up the mess they've made of them. The legal t&c specifically state you not only have to send the bill showing connection for "x" days, but that such bill must be no more than one month old. On all my contracts I easily comply with all the t&c - legal and otherwise - but would rely on the legal ones should I ever have a problem in that respect.

If it were me, unless I'd claimed the whole cashback (which I would have) or haven't got my fee(s) back I would carry on claiming the remaining cashbacks and ignore their response - and make claims which cover both sets of t&c (assuming you can!).

wolfman

Yeah they sent cheques for my first two cashbacks, plus the legal fees. However part of the agreement is that I accept their "new" terms and conditions for the remaining 3 claims.

I rejected this as I like having the legal terms as it's something to fall back on. I can comply with both sets, it's nice to have the legal ones as a solid back up though, just in case. To comply with both I have about 9 or 10 days to send in my bill, which if anything does go wrong having the legal terms are there to get my out of any problems.

This was only discussed in email. The sent me a letter to sign and send to the courts. It didn't mention any changes or acceptance to the "new" terms for the remainder of my claims.

I was unsure about cashing the cheques as I've heard before it's implies that you've accepted the offer.

Quentin

But what is the difference between their "new" terms they want to impose and the "legal" ones?

That letter you posted from them looks as good as you can get - they are offering to accept either bills you have at the claim time.

You will save all the hassle of a court hearing if you accept the cheques they sent you.

You don't need to send the letter to court which they have prepared for you.

If you accept the cheques, as far as the court is concerned you can either do nothing, or let them know you have been paid - either way the case will be closed.

wolfman

Quentin wrote: »

But what is the difference between their "new" terms they want to impose and the "legal" ones?

That letter you posted from them looks as good as you can get - they are offering to accept either bills you have at the claim time.

The problem with the "new" terms is that I have less time to make the claim. The legal terms give me 1 month from the date of the bill. The new terms give me one month from the claim date (which works out at about 7-10 days from when I get the bill). I'd much rather have one month, than 7-10 days to make my claim.

They do say I can send the earlier bill, but even by the "news" terms I believe that is breaking them. You have to send the bill dated after 240 days, not just a bill after 240 days. They may say I can do that, but I'd rather just stick to the terms.

If I stick to the legal terms, I know them well and they are fair. That's why I'd like to keep to them.



So are you effectively saying, I could just cash the cheques and continue using the legal terms? Or by cashing the cheques would the legal terms no longer apply to me?

Quentin

Did they put strings on the cheques?

If so, then banking them would indicate your acceptance.

Only you can decide whether continuing the fight is worth it. (But they have changed part of the deal to your advantage - allowing you a choice of bills to submit)

wolfman

Quentin wrote: »

Did they put strings on the cheques?

If so, then banking them would indicate your acceptance.

Only you can decide whether continuing the fight is worth it. (But they have changed part of the deal to your advantage - allowing you a choice of bills to submit)

They only "said" I could send the December or January bills.

I think in the "new" terms and legal terms, the December bill would not be valid. So they are giving me another option, but it's not covered by the terms. That worries me slightly. At least with the "legal" terms I'm covered, rather than having an email with something they've said.

bassman

Has anyone had any experience of these freebies....or more important has anyone suffered any cash back problems through change of package by accepting any of these freebies............

mobilejunkie

Freebies (whatever they are) won't affect your cashback.

abbas5001

Time for an update, sent my LBA which they received on the 16th of January. No reply as of yet so i don't think they will even though theres 5 days or so left (i gave them 10 working days).

If they do not reply i will go to moneyclaim.gov.uk and start proceedings but i had a few questions, firstly what should i claim for (a) the cashback for the entire contract or (b) just this installment and reinstatement of my cashback file.

Should i send in my second cashback claim so i am still following procedures as though i am right or is there no point?

Thanks,

Abbas

wolfman

abbas5001 wrote: »

If they do not reply i will go to moneyclaim.gov.uk and start proceedings but i had a few questions, firstly what should i claim for (a) the cashback for the entire contract or (b) just this installment and reinstatement of my cashback file.

Should i send in my second cashback claim so i am still following procedures as though i am right or is there no point?

Hmmm, I'm currently about a month down the line from you. I claimed just for the missed cashbacks, although I've been told I could have claimed for all of them.

If I had the chance again I would:

- Claim for all the cashbacks.
- Legal expenses (£25 or 35 or whatever it costs)
- Damages. Postage costs, phone costs, the cost of your time for their mistake, and the cost of loss of earnings if you have to take a day off to go to the court. I would claim about £100-150.

They'll probably try to negotiate (or not in my case!).