e2save cheque back claim declined

mobilejunkie

If they gave you the email address in writing it will help. Unless you have absolute proof there are no guarantees. The judge will have to decide on the balance of probabilities and (possibly) whether the condition was unfair. Only you can decide on the risk/reward - but if they denied ALL claims the court cost might be worth the risk.

Vomityspice

As long as you have a copy in your sent folder (and can print it), it would be for e2save to somehow prove they never got it. As civil cases are judged on 'balance of probability' then the judge would be able to swiftly deal with that issue.

Given the size of your claim I suspect that e2save won't even bother filing a defense. Why bother when the legal cost for their solicitor is more than the claim. The only advantage for them is that you might just give up (they play the percentges!). Stick to your guns and see them in court! (even though they probably won't turn up and you'll get a default judgement).

It's a common tactic by phone companies, just go to you court date and get your judgement.

mobilejunkie

They always file a defence. It doesn't mean a thing, but they will do it.

amf

mobilejunkie wrote: »

They always file a defence. It doesn't mean a thing, but they will do it.

And if you keep your nerve, and go to court, the judge will strike out their defence, as it is a generic one ("we owe nobody nothing, honest"):beer: