e2save's failure to provide cashback

bcgraeme

Point taken. OK, here goes:

1st September: First (successful) claim acknowledged by e2save (sent a text saying cheque would be with me "within 28 days", although t&c's say "allow 60 days".

29th September: nothing had arrived

13th October: email sent to them asking where the cash back is - no reply

20th October: another email sent asking the same question - again no reply

2nd November: LBA sent to E2save, stipulating settlement required within 14 days

17th November: proceedings issued, deemed served by 22nd November

25th November: cheque raised by e2save

29th November: cheque received

The question I was actually asking was what to do about the 2nd claim which is due to be submitted very soon. If I send it in then might this compromise the chances of success with my court case, but if I don't then I might be out of time if I subsequently lose the court case. General opinion seems to be that I should sent it in on time.

Cheers

Silk

bcgraeme wrote: »

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

Regards

It's not a problem if the cheque was posted after the papers were served (do you have dated envelope ?) or if the cheque was dated afterwards (what date is on the cheque)

In which case if it was me I wouldn't cash the cheque as that may be a sign of accepting to continue as before. However if you were strapped for cash you may get away with writing to them with a receipt for part payment and issue an amended bill etc etc.

The problem would be if the cheque was issued before the papers were served etc in which case it's not going to be easy.

PS Happy New Year GD

Silk

bcgraeme wrote: »

25th November: cheque raised by e2save

29th November: cheque received

The question I was actually asking was what to do about the 2nd claim which is due to be submitted very soon.

Ahh ..posts clashed lol

In that case carry on with the case ....but submit your claim as usual ...it shows you have kept to your side of the contract etc etc

mobilejunkie

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

"Seemingly"; is that your assumption or have they actually put anything in writing other than the eventual cheque? If the cheque is dated more than 60 days after you can prove they received the original claim and they have not (in the interim) replied to your multiple communications OR LBA advising you that the first cheque was issued and assumed lost (therefore raising another) then you are perfectly correct to continue the claim. It is up to them to make an offer to settle or to either defend or admit (unlikely) the claim. There is no way you will not be entitled to the court fee and statutory interest such as it is (and assuming you included it in your claim). If they wish to contest future claims they will have to do so in writing. Meanwhile, send the claim. Thus far they have not make any kind of a proper response to either your LBA or court claim from the information you have given; simply sending a cheque after the event and ignoring the rest is totally insufficient and the onus still rests with them to respond properly to your action.

Possibly Quentin might advise on whether to cash the cheque; you have (at least) 6 months to do so and therefore it may be best to hang on until until the situation is nearer resolution.

In summary, I would suggest that you make the next claim, hold back cashing the cheque and wait for a proper response from this slippery dealer. At this stage the ball is still in their court.

Guys_Dad

Yes, Quentin does seem to have experience in this area.

The way I see it is that you are down by the amount that it cost you to raise the MCOL action (£20 ?).

That's not your fault and if E2Save had either stumped up on time - and the "cheque gone missing in the post" just might be accurate, given the number of letter lost by Royal Mail - or had the decency to respond to your numerous attempts to communicate with them, then you might not have had to go through the process.

So, you should definitely proceed as they have not settled the amount that you were claiming in the action. They can't cancel the cheque you have received and you need to consider how long your window is for claiming the next payment. If you can hold off, then that may be advisable till you get better advice.

There is another route that would put you back to square one that you could take. Write to the Chief Exec of E2 Save and give the facts and dates as per your detailed post above. Tell him bluntly that it was his company's failure to communicate that caused the action to be started. You are now out of pocket by the MCOL costs. If he replies by return, agreeing to cover these costs and to settle the remaining claims on time, then you will cease the court action, otherwise it goes ahead.

He may accept - in which case you are back with the deal you originally thought was good enough to take in the first place. If he doesn't, then you have a powerful additional evidence to show that you were being reasonable and the big company was the bad guy who wouldn't even play fair when you tried to compromise.

Lynsey

bcgraeme wrote: »

Point taken. OK, here goes:

1st September: First (successful) claim acknowledged by e2save (sent a text saying cheque would be with me "within 28 days", although t&c's say "allow 60 days".

29th September: nothing had arrived

13th October: email sent to them asking where the cash back is - no reply

20th October: another email sent asking the same question - again no reply

2nd November: LBA sent to E2save, stipulating settlement required within 14 days

17th November: proceedings issued, deemed served by 22nd November

25th November: cheque raised by e2save

29th November: cheque received

The question I was actually asking was what to do about the 2nd claim which is due to be submitted very soon. If I send it in then might this compromise the chances of success with my court case, but if I don't then I might be out of time if I subsequently lose the court case. General opinion seems to be that I should sent it in on time.

Cheers

Go for the full claim, they had 14 days from your initial LBA to inform you of any lost cheque and they had ample time to re-issue a new cheque - they fully failed to acknowledge your LBA.
They probably will take you to the court date and then settle out of court. They are in breach of contract.
You could if you want just settle for them paying for your court costs and continue with other claims as normal.

BTW, was your LBA sent "signed for", did they actually sign for the LBA??

Good luck.

Lynsey

bcgraeme

Yes, the LBA was sent Recorded Delivery and duly signed for.

Former_MSE_Andrea

Hi bcgraeme

e2save has asked us to post on the thread. MSE doesn't endorse anything a company says on the forum.


Bcgraeme:- Can you please contact me regarding your cash back problems and I will aim to resolve any issues or concerns that you have. Please email me at sarahw@e2save.com

Thanks,

Sarah.

Guys_Dad

MSE_Andrea wrote: »

. MSE doesn't endorse anything a company says on the forum.

Endorse - remind me - is that a synonym for believe ? :rotfl::rotfl::rotfl: