Hi,

I am having issues with my cashback month 6 claim from e2save.

I have been with them for 18 months and have never had any problem.

They have rejected my recent claim on the basis that I sent a copy of a bill instead of the original. This is due to it being a price match offer where the original must be sent.

This is my 2nd claim (£84) of this current contract and I am 100% certain that the original was sent in as it was with my 1st claim.

I have rang and wrote to their customer services and high level complaints team to advise them that the error must have been in their processing team, but they are unwilling to reverse their decision.

They also stated that a letter was sent advising that my claim had been rejected, a letter that i never received. They also advised that the original documentation for my claim had been destroyed (my original bill!)

I was wondering in the light of them not being willing to reverse the decision, where would I stand with legal action as I do not see any other way of claiming my money back.

I am 100% certain that I sent the original bill but have no way of proving this only that it was sent and delivered by royalmail.

I feel that this is unlawful and immorale of e2save and they can stand to make quite a lot of money by using these same tactics with numerous customers.

Kind regards

Dan

Suggest you visit the mobile phones section in the telephones board on moneysavingexpert.com website. Mobilejunkie is an expert on all things cashback related and you will probably find you are not alone in being ripped off by carphone warehouse/e2save/talktalk.

Edit: I see you've already been there and joined the HUGE e2save problems thread!

Alright Dan,

I've been through this and won a small claims court case against them so I'll try and help where I can. First of all, just to clarify:

This is an 18th month contract with how many claims within?

Your 1st claim was successful but you have met with problems with the 2nd claim, yes?

They rejected it on the basis of it being a copy of your bill and not the original.

I'm assuming that you did not send by recorded delivery as advised by many on here and in the contract, so you have no proof of acceptance at their end - schoolboy error!

CHECK your contract as (unless it's changed dramatically since January) you are told to send a copy of your bill. Unless they have provided you with a change to this in writing when you started your contract, they cannot reject your claim on this basis. The whole point of sending a copy is to eradicate any problems if it is lost in the post and you can resend later! Secondly, they have to tell you within reasonable time if your claim is invalid with reasons so that you can rectify and make a new successful claim within your time limit - they claim they did this but they do not have to send by recorded delivery.

Before you go down the legal proceedings route, the last course of action is sending a letter directly to the Executive Offices/Managing Directors of both E2SAVE (was Andrew Heddle - check!) and Carphone Warehouse (Charles Dunstone). Keep this short and sweet and base your argument dependent on what your contract says and whether you are sure you sent the original or not (you have to be forceful and VERY sure of your facts):

IF you can send a copy in: "they have acknowledged receipt and it clearly states in your contract that you do not have to send in the original bill and a copy will suffice. They should therefore have proceeded with the application as normal and the fault is with them and that you expect your cheque by.... If this is not received, you have no problem starting legal proceedings since customer services and customer complaints departments are ignoring your rights as a consumer.

IF you have to send in the original: they have acknowledged receipt and admitted destroying your original bill believing it to be a copy. They apparently sent you notice that your claim was not successful but this was never received. As a consumer, you must be given this notice within reasonable time so that you may resend the application. However, since they destroyed the only evidence avaliable for the claim, you could never do this and therefore expect them to rectify their 'amateur' error without delay and send out your cheque by .... or you will start court proceedings.

Go check your facts and come back and I'll help draw up a brief letter for you. I have it on professional authority that they are advised by their solicitors to use scare tactics as the consumer will not want to go to court. They know they have little stance to dase a defence. Bring down CPW!!!!

Alright Kappo,

Thanks for the reply, advice and help

Heres a bit more detail hopefully to explain the situation clearer.

The contract is a 12 month contract, I have already completed one 12 month stint with e2save with no problems at all with 5 cashback claims in that year(shows that i know how to comply with T&C's etc)

This is my 2nd contract with them, with my first claim month 4 being successful. I followed the same procedure for month 6, same address, original bill, correct voucher etc. I have POD as the claims are always sent recorded delivery as per e2saves advice.

e2save have confirmed that they had received the voucher and that they had rejected my claim on the basis that the bill was a copy. It does state that as my contract is a price match offer that the original bill must be sent. (the terms differ to those on the website)

I was aware of this and have always sent the original anyway just to be on the safe side and keep a copy for myself.

Upon sending my claim, I waited around 3-4 weeks to hear back from them but had not heard anything within the timescale they say to allow. Upon calling up the number I was informed that my claim had been rejctect as the bill was a copy. I was also advised that it was too late to resubmit another claim as my claim winow had passed. I never received any letter or notification from e2save to say my claim had been rejetced. (they have all my contact details, email address phone etc)

They say the letter was sent on the 17th of June, but I never received it and nor can they prove that it was sent i suspect.

In any case all I would have been able to send was a copy as the original was sent with my original claim.

I have appealed via email and via letter to them, sending the copy of the bill and POD but they are unwilling to overturn the decision for the following reasons. copied and pasted:

Dear Mr Coward

Thank you for your email to our Customer Support Team regarding your month 6 cashback claim for mobile number ------. I am disappointed to hear that you are unhappy with my response.

Our cashback team are highly trained to identify whether or not a claim is valid and on this occasion they have specified that a copy of your bill was received. Under the price match terms that you agreed to on our website, a copy of the bill is not acceptable for a claim. The cashback department have noted your account confirming that a copy of the bill was received on this occasion. I can confirm that a letter rejecting the claim was sent to you on the 17^th June 2008.

We are unable to overturn the decision made regarding your month 6 claim. I appreciate that this is not the decision you wanted and apologise that we cannot offer the resolution you would like on this occasion.

Should you have any further queries regarding the information in this email, please do not hesitate to contact our Customer Service Team on 0871 522 3401 or for Cashback queries contact 0871 522 3404 and we will be happy to help you.

Kind Regards,

I have also hinted at legal action but they are refusing to move.

So to answer your questions the following is correct:

IF you have to send in the original: they have acknowledged receipt and admitted destroying your original bill believing it to be a copy. They apparently sent you notice that your claim was not successful but this was never received. As a consumer, you must be given this notice within reasonable time so that you may resend the application. However, since they destroyed the only evidence avaliable for the claim, you could never do this and therefore expect them to rectify their 'amateur' error without delay and send out your cheque by .... or you will start court proceedings.

Im guessin it now is an email and letter to both the CEO of e2save and CWP outlining my case and advising that legal action is likely to be taken?

I look forward to your reply and advice, i know its only £84 but its now a matter of principle as they could pull this on anyone! quite a nice earner for them unless people are wise to it!

Thanks Dan, unfortunately in these difficult circumstances it needs a full explanation for people to advise fully but I can now say categorically, CPW and E2SAVE are total scum! You'd think that after keeping things right with you for your 1st 12 month contract, they'd try they're hardest to keep you sweet. After all, they had earned your trust and loyalty.

As you guessed, it's your final letter/email with correspondance directly with the 2 MD's. No messing about as everyone below them seems to be denying blame. As I said, I now have categorical proof that they are advised by solicitors to use scare tactics on consumers who are treated this way. Letter as follows:

Dear Charles Dunstone,

I am sending this to you as the customer services and high complaints departments of E2SAVE committed an unprofessional mistake, thus denying me of a chequeback claim. In ...2008 I sent in my 2nd claim as per my contract terms and conditions (copy attached) for the amount of £84. This was conditional on receipt within a specified timeframe and attached to an original copy of the relevant bill. After waiting the advised timeframe, I called customer services on ....to find out the reasons for the delay only to be told that the application had been turned down due to a photocopy of my bill being sent instead. This 'alleged' copy was then destroyed with no prior notification to me. In fact, no explanation of the rejection was given to me at all, thus eradicating any chance I had of reapplying within the time frame.

I can assure you that being a loyal and organised customer of yours for ...., I did send in the original bill. I was given no notice of this 'alleged' error and you destroyed the evidence thus holding back on a correct and legal claim. I have attached a photocopy of the original bill I sent you as this is the only evidence still in existance and expect you to honour the agreement within the terms and conditions of my contract. Since contacting you is the final option I have left, I have sought legal advice and know that, given my long standing and punctual payments to you, I have a strong basis if we went to small claims court.

This experience has soured the good service you provided for so long and I feel that the longer this matter is left unresolved by you, the more chance I will seek service elsewhere. I expect to recieve correspondance by the ...., which is roughly 14 days after you will have received this letter and expect a cheque to be enclosed for at least £84.

In anticipation,

Dan

Thanks for the update Kappo and help so far!

I just wanted to confirm the address I should send it to as:

FAO Charles Dunstone

CarPhone Warehouse

1 Portal Way
London
W3 6RS
United Kingdom

Also do you think it would be worthwhile dropping it in email form to him as well?

I got the following from the CWP site

cdunstone AT cpw.co.uk

Thanks again for all your help so far!

Dan

Seems

Thats the address Dan. I would absolutely send it in email form too. If you can change the settings of your email so that you receive notice when it is read, it's all the better as this as good as recorded delivery in postal form.

Good luck Dan.

Dan

I'm Head of Customer Operations for e2save. If you could supply me with your mobile number and postcode I will be able to investigate and get back to you.

Kind regards

Eleanor

Hi Eleanor,

I have sent the details via email to e2save customer services and have emailed and posted my complaints to Charles Dunstone at The Car Phone Warehouse. I have as yet not heard anything back regarding my complaint.

Please could you provide an email to contact you on as I do not want to post my personal information on this board

Kind regards

Dan

If you email in to customer.support AT e2save.com I have spoken to the team who will pass your email over.

Please put in the subject for the attention of Eleanor - Head of Custoemr Operations.

Kind regards

Eleanor

Hi Eleanor,

Information has been sent

Thanks

Dan

Just to update,

This matter has now been resolved with 2save paying my claim and also issuing my next cashback claim free of charge with no need to send in the relevant paper work

Thanks again Eleanor

Dan

Long story (aren't they all?!) but am sending them this letter today which should explain it all:

To,

E2 Save
3r House
Belton Road West Extension

LOUGHBOROUGH
LE11 5XH

Dear sir,

I am yasminben Vadtalwala

My mobile no. is XXXXXXXXX. I had sent my third cashback claim with my last mobile bill but I got return just because of address change. Then after I did call at your customer service and one of your colleges said me that you need to send back your proof of address on this address PO. Box 8840 LE11 9EL so I had sent my original bank statement which states my new address on 5th August 11, 2008 with recorded delivery no.DV401893795GB but still I didn’t got my cash back then today dt 11th August 11, 2008 I did call at e2save cashback customer care no. and one person pick up phone and cut it before I finish. Then after I had call again on that no. and another person lady pick up my phone and she told me that you can’t got your cashback because your address is not match and I told her that I already send my address proof on above address but she told me that’s not correct and she told me that you need to send again on another address. But I can’t because I already send my original document on above address and I don’t have my original mobile bill. So ok today I send my again and again second last bill with my bank statement so give me fever and second time I did recorded delivery Dv413074161GB.

After all this prosier my cashback was rejected. Region is “we need to receive a bill from you no older than 28 days old.” Also I explained to your colleges that I already send my last bill which not older then 28 days old in the time period and so at that time i don't have my last original bill and your query for the rejection was "not match proof of address" so it means u received my last original bill but u need only my proof of address. & i send u my second last bill with my original bank statement only for your confirmation that i m same person who send u a bill with proof of address because my original last bill was already with u. so how can I send u again & again & I have done 3 times of recorded delivery already.

Your region for rejected is “we need to receive a bill from you no older than 28 days old.” But you have already my both bill last & second last as well. So tell me where is my mistake? You have to think about it if we are not satisfied then we are not buying any phone from e2save in future.

I done everything and give me fever and I spend time and money for the three times recorded delivery and also waste money in phone call. So now I want justice.

Thanks,

Yasminben vadtalwala