e2save's failure to provide cashback

bcgraeme

I was due my first cashback from e2save but it never arrived, despite sending reminder emails and eventually serving a Letter Before Action (LBA)

To cut a long story short I have started an action against them for 'fundamental breach of contract', which they are defending.

My question is, what should I do about the second cashback claim which is due to be submitted very soon? If I send it in as normal then wouldn't this suggest that I still consider the contract is valid and running? Equally, if I do not send it in and the eventual court hearing finds against me then I would be out of time for submitting it!

Any advice would be appreciated, especially if you have had a similar experience.

Thank you.

Russ66

I'd send it all in as per and see what happens.

Normally if you miss one claim you lose the lot, so just carry on as if nothing's happened.

mobilejunkie

No longer the case. I know of no t&c nowadays where claims are dependent upon each other. Your "normal" only works in the Tardis.... I would agree about submitting the second claim regardless, however.

Silk

Russ66 wrote: »

Normally if you miss one claim you lose the lot, so just carry on as if nothing's happened.

As MJ says it's no longer the case.

The law changed back in Sept 2009 regarding this and it now says that the company can no longer refuse future claims if the first one fails

bcgraeme wrote: »

My question is, what should I do about the second cashback claim which is due to be submitted very soon? If I send it in as normal then wouldn't this suggest that I still consider the contract is valid and running? Equally, if I do not send it in and the eventual court hearing finds against me then I would be out of time for submitting it!

Any advice would be appreciated, especially if you have had a similar experience.

Thank you.

At the moment I assume the contract is still running as in order to claim cashback you must have been making payments ...in which case for the time being you should submit your bills in the normal way.

I would also assume you have made a claim for the full cashback amount and not just the payment that is missing ???

bcgraeme

Thank you all for those replies. I hadn't realsied that the situation of 'miss one miss them all' had changed - that is very usual to know.

I will submit the second claim as advised and in answer to Silk's post, yes, my court case is for the full cashback.

Thank you again.

bcgraeme

I'l try it again - "that is very useful to know!"

Sorry.

Guys_Dad

bcgraeme wrote: »

I was due my first cashback from e2save but it never arrived, despite sending reminder emails and eventually serving a Letter Before Action (LBA)

To cut a long story short I have started an action against them for 'fundamental breach of contract', which they are defending.

Thank you.

On what grounds are they defending it? And did they tell you why they refused to pay?

bcgraeme

They did eventually send a cheque but it was some days after the court papers had been served on them. Seemingly, their defence is that they did send a cheque within the original time frame but I must have failed to receive it, so they have now sent a replacement one. They do not make any reference to the emails or letter I sent to them, nor of the overall timings involved.

Regards

Silk

bcgraeme wrote: »

They did eventually send a cheque

What did you do with the cheque ...did you cash it and did it include costs etc ?

bcgraeme

I haven't cashed it yet, but was just about to. No, it was for the straight cashback amount, no costs included!

Regards

Guys_Dad

bcgraeme wrote: »

They did eventually send a cheque but it was some days after the court papers had been served on them. Seemingly, their defence is that they did send a cheque within the original time frame but I must have failed to receive it, so they have now sent a replacement one. They do not make any reference to the emails or letter I sent to them, nor of the overall timings involved.

Regards

Hold on - your first post was a bit misleading. You only began the thread yesterday afternoon and wrote

"I was due my first cashback from e2save but it never arrived, despite sending reminder emails and eventually serving a Letter Before Action (LBA) ".

It now appears that you did receive the cheque after all and what you really want to know is whether or not you can still proceed with your court case for the full amount now. Is that right?

The answer is of course you can but as others will advise, you may not win!

Can you give some dates etc. When was claim due, when did you send it in, when did you begin court action etc? Did you get any correspondence back from them at all?

In most cases on here in the past, cashback companies have been a bit naughty, shall we say, but there are instances when sometimes MSE members have got things a bit wrong too.

Give all the facts and some experienced members on here may be better placed to advise.