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E2Save cashback con trick! Is it legal?

spryce
spryce Posts: 10 Forumite
I have an e2save cashback deal on 2 phones. They are refusing the claim under false pretenses as far as I am concerned as the terms and conditions they refer do not apply, which would cost me £900 in lost cheques.

What do you think and what should I do...HELP!! I can't afford to lose £900.

I received 2 identical letters from e2save, one for each claim.

Dear Mrs x,

"We have received your 'Cashback' claim information; however it has been sent too early for the claim period of your offer.

As a result of your cashback claim being rejected you are ineligible to claim any future claims associated with this claim offer. Unfortunately, we are unable to enter into further correspondance with regards this purchase, and cannot return your original paperwork.

From your terms: Where a valid claim has not been received by us within one calendar month of the required bill, which is the closing date for your claim. You will not be entitled to any part of the Cash Back offered. Cash Back flies are closed and cannot be reopened in these cases. Incorrect claims normally incur an administration charge of £10 per incorrect claim. However, on this occasion we will waive this fee as a gesture of good intent.

Yours sincerely,

Cashback Team
E2Save

The cashback claim form states "Any vouchers received before the qualifying period will be posted back via standard post and remain your responsibility". I take this to mean if you post too early they send them back, if they get lost in the post then tough, which is fair.
But the letter says they will not return them (although I can still print another from the e-mail).

I admit, I did make a mistake as the instructions are misleading. It says "Send us the claim form and original monthly bill showing your name, address, mobile number and tariff you are connected on, showing you have been connected for 4 months. i.e. if connected on 1st January, you need to send in the bill that is dated around 1st May (This is 120 days after connection)." I sent my 4th bill but should have sent my 5th as the 4th was only 110 or so days after connection.

I was connected on 1st June and sent off my 12th September statement. But there is nothing in the terms and conditions to say sending something early makes me ineligable to any future claims or indeed this claim?

The terms they are refering me to relate to claims being sent too late, ie within one calendar month of the required bill. Of course that would be fair if you forgot / left it too long etc.

Nothing in the terms says if you send too early you become ineligable to this and every other claim. What should I do. Am I stuffed? Small claims court?

Holga.
«1345

Comments

  • mobilejunkie
    mobilejunkie Posts: 8,460 Forumite
    There are at least two or three threads on this problem. Search E2Save and OSPS.
  • Forgetful
    Forgetful Posts: 1,729 Forumite
    I need to be careful too cos I got one of those phones from e2save at end of may2007 and at the time there was afew other pple who were having the same problem about which bill to send in....
  • Forgetful
    Forgetful Posts: 1,729 Forumite
    :mad: I need to be careful too cos I got one of those phones from e2save at end of may2007 and at the time there was afew other pple who were having the same problem about which bill to send in....
  • love2save
    love2save Posts: 832 Forumite
    Part of the Furniture Combo Breaker
    I sent one too early last year and they just sent it to me to resend a few days later (I thought that was picky as they could have just kept it!) they must have changed their terms and conditions since then.
  • I would call their customer services number and ask for the name and address of the person to whom all legal documents should be posted. If asked for the reason then expalin that your cashback claim has been unlawfully rejected and that you will be making a claim for the whole cashback amount using the online service at
    https://www.moneyclaim.gov.uk
    If they don't relent then make the claim.
    Join the Sarcasm Appreciation Society.

    (Yeah...Like we need your support!)
  • From your terms: Where a valid claim has not been received by us within one calendar month of the required bill, which is the closing date for your claim. You will not be entitled to any part of the Cash Back offered. Cash Back flies are closed and cannot be reopened in these cases. Incorrect claims normally incur an administration charge of £10 per incorrect claim. However, on this occasion we will waive this fee as a gesture of good intent.

    Your claim has been incorrectly shut down. Why?

    Firstly - they have not even received a valid claim from you. How can they the date of the bill you should be sending in is 10th Oct which is in the future as I write...

    Secondly - even this bill for 10th Oct must be received by them for 10th Nov before they can shut down your claim.

    I would definitely take this further....and ensure that you keep this web link open and updated with their responses as it sounds like you may need some help and they can do with some negative exposure if this is what they are up to these days. Scary stuff! :eek:

    PS: Ensure you get your claim in on time and send a 2nd copy to their top man as well including a letter explaining exactly what ou are entitled to and why.
  • kaytata_2
    kaytata_2 Posts: 80 Forumite
    Forgetful wrote: »
    I need to be careful too cos I got one of those phones from e2save at end of may2007 and at the time there was afew other pple who were having the same problem about which bill to send in....


    hiya

    im in the same boat as you,

    Date Placed 24/05/2007 @ 09:43
    Date Recieved 25/05/07
    First Bill recieved 04/06/07 which covered 25/05/07 - 3/07/07.
    O2 200 Part Month 25/05 - 03/06 8.51
    O2 200 4/06/07 - 3/07/07 25.53


    I was told and confirmed atleast three times its the 6th month.. which works out to be Oct.. im due my 5th bill today, and im sending that one in.
    but today is only 132 days since connection for me. not the 160 requested.

    can you confirm you'll be sending this months in?
  • mobilejunkie
    mobilejunkie Posts: 8,460 Forumite
    Not sure where some of this information is coming. These are Price-match deals and claims start in month 4, not 6. I understand the rest and have touched on it many times - on several different threads. However, this is merely the prelude. When the first claims are correctly sent in on time about half are likely to be rejected in exactly the same way.
  • OH NOOO

    I JUST CALLED CS TO GET ONE FINAL CONFIRMATION IT WAS MY OCTOBER BILL TO SEND IN, SPOKE TO "KELLY"

    and she's saying its the bill i recieve in november..

    even though i purchased my line rental in may, i recieved my first bill in June, therefore thats the first month.

    i told her on my cashback leaflet which came with my welcome pack, i put in month of purchase as May and it turned out i should send in October 07 bill. however she said thats an error and it should be from bill date that the month starts and that she would leave a note on my account that she told me to send in november 07 bill.

    now what to do, all previous correspondence stated october, today its November.

    p.s im not on a pricematch deal, just a clearance 12month.
  • I spoke to CS last month about when to send my first claim in.

    Like you, I bought a contract and connected 29th May.

    I was told it to send my October invoice in, as May is considered month 1 even though I didn't receive my first bill till July.

    Likewise, they put a note on my account to state that they have advised me that the invoice I receive in October is the one I should send.
    She stated as long as I follow that advice I can't be disqualified from cashback as that is what they advised me to do.

    So if your note on your account says they advise November then I would follow that advice as you shouldn't get disqualified, or ring again and challenge it as they should see the note on your account.
    kobita1985 wrote: »
    OH NOOO

    I JUST CALLED CS TO GET ONE FINAL CONFIRMATION IT WAS MY OCTOBER BILL TO SEND IN, SPOKE TO "KELLY"

    and she's saying its the bill i recieve in november..

    even though i purchased my line rental in may, i recieved my first bill in June, therefore thats the first month.

    i told her on my cashback leaflet which came with my welcome pack, i put in month of purchase as May and it turned out i should send in October 07 bill. however she said thats an error and it should be from bill date that the month starts and that she would leave a note on my account that she told me to send in november 07 bill.

    now what to do, all previous correspondence stated october, today its November.

    p.s im not on a pricematch deal, just a clearance 12month.
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