Need to send LBA to OSPS

amf

Thanks again Quentin.

To answer my own questions I've spent some time on the courts' websites. It would appear that I can claim any travel and overnight costs if I win. Another option is to ask the court to decide the claim on the basis of written evidence.

Interesting........

amf

Well I've now sent back the court papers. My gut feeling is that, once their solicitors become involved in legal decision making, they will settle out of court for the full amount claimed.

They really are now a PITA......pity, cos they used to be so reliable!

amf

Ah well, some good has come of taking them to court. My 3rd cashback claim was posted on 15 February. Today I received a cheque dated 22 Feb for the cashback due:)

They've obviously put a flag on my account or are trying to look good should the case come to court!

bigup

Brilliant thread, better than neighbours! :T

Very informative and a good read.

mobilejunkie

Well now; if you like this one, why not seek out and enjoy the many others entitled "E2Save..." "OSPS".... "Virgin sim"... By the same production company and feature-length there will be hours of interesting reading for you on those! Lol!

stolt

this thread makes interesting reading, good un you OP for going down the legal route with the claims, ive subscribed to this thread and will wait with interest on what happens.

amf

Just to report..........there is nothing to report:) Still waiting on York Court to notify me of a date.

sambasamba

Ok, I posted a message on on the other thread ( http://forums.moneysavingexpert.com/showpost.html?p=9357325&postcount=1187 ) but will be posting here from now on as it seems more relevant -
(Thanks for the link AMF )

Im in a similar sort of process to AMF - to summarise:

I have a 12 month free contract with e2save

I was connected on 03/08/07
My 1st bill was dated 13/08/07

Their email with the terms of the offer and the copy of the terms and conditions of sale I printed out clearly states: "Instalment 1: - Send us the claim form and original monthly bill showing your name, address, mobile number and tariff you are connected on, that arrives showing you have been connected for 4 months"

My fifth bill dated 13/12/07 shows that I have been connected for 4 months - This is the bill that I sent.

Their email / terms also clearly states: "... Send your claim within 30 days of the date stated on the relevant airtime bill, to us and we will credit you by cheque with £96.00 each time"

E2save received my claim on 03/01/08 (backed up by royal mail special delivery tracking) - within '30 days of the date stated on the relevant airtime bill'

E2save refused to honour saying my claim was outside the 'claim window'

I followed with a LBA (letter before action) giving them 14 days to honor the claim or I would be suing for breach of contract

I received no reply - so preceeded to MCOL (money claim on line)

The wording I submitted on my MCOL claim was

"The claimant claims breach of contract due to the defendants refusal to honour the terms of the contract that the claimant entered into. The claimant entered into a mobile phone contract where the claimant would get cashback on the cost of mobile phone line rental provided the claimant returned certain bills within a certain time frame. The defendant is refusing to houour the terms and conditions of the contract that the claimant signed up to by stating that the cashback claim was not returned within the specified claim period and refusing to pay the cashback due. The claimant has returned the bills as specified by the terms and conditions that the claimant signed up to. The defendant is therefore in breach of contract. The claimant claims for the full cashback amount that would have been paid by the defendant over the term of the contract if the defendant had honored the contract plus court fees and statuary and incidental costs."

Deciding on the wording to use was a real headache as you only have a limited amount of words and there is so much that needs to be said! I decided on a policy of being as generic/ vague as possible (don't know if this was a good idea or not) After submitting I remembered that I had forgotten to claim for interest as well.. Doh!

Approx 1-2 weeks later I received notice that e2save/CPW want to lodge a defense and have an additional 14 days to do so

Then approx a week later received a copy of the defense. This is just a generic defense denying everything.

As yet I haven't had a phone call from e2save so I have proceeded to court - I have been allocated a court, am just waiting for a date.

Will keep you all updated......

Quentin

When submitting the hearing questionnaire, ensure you state that their failure to pay you amounts to a fundamental breach of the contract, and in view of this you claim the full amount owing under the original agreement.

amf

Well here is some good news which tells us something of what the Courts think of CPW's generic defence of "We owe nothing.....end of".

Received through the post today a General Form of Judgement or Order which states that the nice Deputy District Judge has ordered;-

1. The defence is struck out (my bolding)
2. The defendant shall file and serve a defence complying with CPR part 16.5 by 28 March or I can enter judgement on the claim.
3. If the defendant complies with 2 above, the matter will be listed for a hearing estimate of 1 hour.

Now we find out whether they want to incur further costs or not:D

Good luck sambasamba:beer: