Beware - E2save cashback T and C are misleading

[samchannel]

Hi,
I bought my phone from e2save on 6 July 07. Its a 12 month contract with which i got 12 month free line rental.

I didn't receive my month 8 cashback which was my third cashback. When i phoned i was told by CS that there was mismatch between the address on my bill and my address on the system.

I moved house sometime back and have updated my address through https://www.mycarphonewarehouse.com. I was told by CS that the address changed from this only changes address with bill provider and not in e2save. I wasn't aware of this fact and thought that as one automated system. Its not part of the T and C which is available on their site.

When i asked if i can make this claim again i was told that my claim window is expired as i bought phone on 6th of July which means i can send my cashback till 1st of next month. My bill gets generated on 23 of each month so i could not have claimed anytime before that. I posted my claim on 23rd March but was not told about rejection till i phoned today (15 April 0. There was no notification from e2save about my bill being rejected. I have checked Terms and Conditions on the website . I obtained them from Best Mobile Phone Offers - e2save.com - Online Mobile Phone Shop It says 'All monthly bills should be received within 28 days from the date on the monthly bill.'. This means that i can send my cashback till 20th April 08 but CS advised otherwise.

Another thing which CS said is that as my this claim is rejected all my future claims will be rejected as well. This is as per the terms and conditions. Buy again there is no as such term or condition.

Anything which is told to me aboout the terms and condition is not part of the terms and condition listed on website Best Mobile Phone Offers - e2save.com - Online Mobile Phone Shop. So this isn't fair for e2save to reject amy cashback claims.

Can someone please advise how can i get my cashback.


Regards,

[buzby]

If they don't want to pay it, the only option to you is to force them - and that means taking them to court. Write by Recorded Delivery stating that you do not accept their rejection, you you feel is totally spurious, you give them 21 days to agree to continue the arrangement, pay the month 8 cashback and have their assurance that month 12 will be met when you comply with their T&Cs again.

Should no assurance be forthcoming, you will have no hesitation it raising court action for the total outstanding under the agreement, you will take this action within 28 days if a satisfactory response is not recieved.

Send the letter by RD as it will form the basis of your LBA. (Letter Before Acton)

[samchannel]

Thanks Raymond,
I went through the each term and condition which i receive and none of them say that my calim could be rejected or any rejected claim would void future claims. I have sent them notice today and hope to hear back from them.
In case i have to go to court, how can i get a representative which could represent my case in court.

Regards,

[buzby]

You really can (and should!) do this yourself! It can seem intimidating at first, but providing you keep a clear head and note down the points you wish to make to the judge or sheriff, they normally do their best to assist if you stray.

Any solicitor will represent you in court, but this should not be undertaken lightly. You cannot reclaim your costs in full (what is really a simple action ) and I'd really only consider using one if there was a legal point that needed arguing). Ask around to see what a solicitor will cost and you won;t get much change from £300. A sneaky alternative is to visit the court a week or so before the case calls and ask around for a civil 'duty' solicitor. These guys are nearly always based there and act (usually for the pursuers) in bulk - often staying in the same court all day. The cost for these guys is negotiable, but usually cheaper because they're already at court and can simply add your brief to the ones they already have.

That said, you learn so much more from doing it yourself, and you become less intimidated by the system the more often you do it. Even going to sit for a few hours lays valuable groundwork on how you address the bench and address the judge.

[samchannel]

Thanks buzby, you have provided me enough confidence to represent my case myself

[buzby]

Go for it - the adrenalin rush when you win is worth the effort!