Cancellation for 3 price increase ........

I have done this for a contract taken out on 4th August for which I have
received 2 cashbacks from e2save.

One was an "immediate" cashback (received after 8 weeks, must be a new
definition of immediate!) and the other was on submission of the 4th
November dated bill (cashback received yesterday).

Will e2save want these back given I have cancelled the contract (even though
this cancellation is without penalty under 3's T&C's) and the cancellation
was after the eligibility date for the November bill cashback?

I wil repay these if I have to, but do I have to?

Thanks

---

› See More: Cancellation for 3 price increase ........

"Andy Pipkin" <[email protected]> wrote in message
news:[email protected]...
> I have done this for a contract taken out on 4th August for which I have
> received 2 cashbacks from e2save.
>
> One was an "immediate" cashback (received after 8 weeks, must be a new
> definition of immediate!) and the other was on submission of the 4th
> November dated bill (cashback received yesterday).
>
> Will e2save want these back given I have cancelled the contract (even
though
> this cancellation is without penalty under 3's T&C's) and the cancellation
> was after the eligibility date for the November bill cashback?
>
> I wil repay these if I have to, but do I have to?
>
> Thanks

If the cashback is dependent on you remaining connected to the network for
the minimum term of 12 months, therefore paying 12 months line rental to 3
and earning commision for e2save, then if you cancel part way through, then
I would guess that you would have to pay back the cashback as you haven't
paid the full term of the contract to 3

Marcus

Andy Pipkin wrote:
> I have done this for a contract taken out on 4th August for which I have
> received 2 cashbacks from e2save.
>
> One was an "immediate" cashback (received after 8 weeks, must be a new
> definition of immediate!) and the other was on submission of the 4th
> November dated bill (cashback received yesterday).
>
> Will e2save want these back given I have cancelled the contract (even though
> this cancellation is without penalty under 3's T&C's) and the cancellation
> was after the eligibility date for the November bill cashback?
>
> I wil repay these if I have to, but do I have to?
>
> Thanks
>
>
try phoning them, see saynoto0870.com for their phone number

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"Andy Pipkin" <[email protected]> wrote in message
news:[email protected]...
>I have done this for a contract taken out on 4th August for which I have
> received 2 cashbacks from e2save.
>
> One was an "immediate" cashback (received after 8 weeks, must be a new
> definition of immediate!) and the other was on submission of the 4th
> November dated bill (cashback received yesterday).
>
> Will e2save want these back given I have cancelled the contract (even
> though
> this cancellation is without penalty under 3's T&C's) and the cancellation
> was after the eligibility date for the November bill cashback?
>
> I wil repay these if I have to, but do I have to?
>
> Thanks
It depends. If the cancellation was because of misconduct of 3, then no, you
don't legally have to pay it back. If you were just sick of their bad
service, then yes, you do have to pay it back. Write a letter and send it
recorded delivery to e2save, saying that the agreement on the cashback is if
all parts of the deal remain the same for 12 months, however if they don't
then that isn't what you bought off e2save, so they can basically bugger
off.

On Sat, 03 Dec 2005 21:04:40 GMT, "Andy Pipkin"
<[email protected]> wrote:

>I have done this for a contract taken out on 4th August for which I have
>received 2 cashbacks from e2save.
>
>One was an "immediate" cashback (received after 8 weeks, must be a new
>definition of immediate!) and the other was on submission of the 4th
>November dated bill (cashback received yesterday).
>
>Will e2save want these back given I have cancelled the contract (even though
>this cancellation is without penalty under 3's T&C's) and the cancellation
>was after the eligibility date for the November bill cashback?
>
>I wil repay these if I have to, but do I have to?
>
>Thanks
>
you need to check the terms of the deal you signed up to. mine with
cpw was that I had to stay at least 6 months otherwise they could
demand the phone back or they would debit my card withs its sim free
value - i cancelled just after 6 months!!


Chris P Bacon

"Andy Pipkin" <[email protected]> wrote in message
news:[email protected]...
>I have done this for a contract taken out on 4th August for which I have
> received 2 cashbacks from e2save.
>
> One was an "immediate" cashback (received after 8 weeks, must be a new
> definition of immediate!) and the other was on submission of the 4th
> November dated bill (cashback received yesterday).
>
> Will e2save want these back given I have cancelled the contract (even
> though
> this cancellation is without penalty under 3's T&C's) and the cancellation
> was after the eligibility date for the November bill cashback?
>
> I wil repay these if I have to, but do I have to?
>
> Thanks
>
>
It really does make me wonder why you read and agreed and signed a
contract/agreement if you need to ask others for advice on here. Do you not
know what you were signing? That can be very dangerous. Surely the
paperwork you have will tell you what you need to know. If you're still
having difficulty, scan the whole lot in and stick it on a web page so we
can retype it for you!

"Andy Pipkin" <[email protected]> wrote in message
news:[email protected]...
>I have done this for a contract taken out on 4th August for which I have
> received 2 cashbacks from e2save.
>
> One was an "immediate" cashback (received after 8 weeks, must be a new
> definition of immediate!) and the other was on submission of the 4th
> November dated bill (cashback received yesterday).
>
> Will e2save want these back given I have cancelled the contract (even
> though
> this cancellation is without penalty under 3's T&C's) and the cancellation
> was after the eligibility date for the November bill cashback?
>
> I wil repay these if I have to, but do I have to?
>
> Thanks

Yes, you will, unless there was a fault in your dealings with e2Save. Your
agreement is binding with e2Save in every other respect regardless of
whether you are happy with the service that 3 provide and/or whether they
release you from their contract without penalty. 3's contract with e2Save
for commission and e2Save's contract with you to tie you down to 12 months
are not related to your contract with 3.

I am not sure why you have broken out of your contract, but legally you
don't have a foot to stand on. Neither will you gain any sympathy by any
party after the situation is explained. Unless the cashback is high, e2Save
won't find it worth their efforts to chase you for the cash; it is far more
advantageous for them (read that as less hassle to them whilst returning the
same hassle to you to restore it) to damage (with valid reason) your credit
rating.

It is not in your interest, if you are likely to take out phone contracts in
the future to damage your reputation with CPW and its companies as they are
currently not only the most competitive on the market, but have the
financial muscle so that you can be sure that when you do apply for cashback
it will arrive.

AMO

[email protected] declared for all the
world to hear...
> If the cashback is dependent on you remaining connected to the network for
> the minimum term of 12 months, therefore paying 12 months line rental to 3
> and earning commision for e2save, then if you cancel part way through, then
> I would guess that you would have to pay back the cashback as you haven't
> paid the full term of the contract to 3

You'll only stuff your cashback if E2Save get a clawback. Comissions are
generally paid after a few months and I very much doubt if porting out
at the end of the contract will trigger a clawback.

3 will charge you up to your 365 days anyway, regardless of when you
port out.
--
Regards
Jon

On Sun, 4 Dec 2005 08:42:28 -0000, "AMO" <[email protected]>
wrote:

>"Andy Pipkin" <[email protected]> wrote in message
>news:[email protected]...
>>I have done this for a contract taken out on 4th August for which I have
>> received 2 cashbacks from e2save.
>>
>> One was an "immediate" cashback (received after 8 weeks, must be a new
>> definition of immediate!) and the other was on submission of the 4th
>> November dated bill (cashback received yesterday).
>>
>> Will e2save want these back given I have cancelled the contract (even
>> though
>> this cancellation is without penalty under 3's T&C's) and the cancellation
>> was after the eligibility date for the November bill cashback?
>>
>> I wil repay these if I have to, but do I have to?
>>
>> Thanks
>
>Yes, you will, unless there was a fault in your dealings with e2Save. Your
>agreement is binding with e2Save in every other respect regardless of
>whether you are happy with the service that 3 provide and/or whether they
>release you from their contract without penalty. 3's contract with e2Save
>for commission and e2Save's contract with you to tie you down to 12 months
>are not related to your contract with 3.
>
>I am not sure why you have broken out of your contract, but legally you
>don't have a foot to stand on. Neither will you gain any sympathy by any
>party after the situation is explained. Unless the cashback is high, e2Save
>won't find it worth their efforts to chase you for the cash; it is far more
>advantageous for them (read that as less hassle to them whilst returning the
>same hassle to you to restore it) to damage (with valid reason) your credit
>rating.
>
>It is not in your interest, if you are likely to take out phone contracts in
>the future to damage your reputation with CPW and its companies as they are
>currently not only the most competitive on the market, but have the
>financial muscle so that you can be sure that when you do apply for cashback
>it will arrive.
>
>AMO
>


you have not read the subject and the poster is fully entitled to
cancel his contarct with Three under section 10d of their contract as
they have increased their costs which has a detrimental effect on the
user - end of story. he his asking whether this may have an effect on
his cashback deal, in this case with e2save.


Chris P Bacon

"Andy Pipkin" <[email protected]> wrote in message
news:[email protected]...
>I have done this for a contract taken out on 4th August for which I have
> received 2 cashbacks from e2save.
>
> One was an "immediate" cashback (received after 8 weeks, must be a new
> definition of immediate!) and the other was on submission of the 4th
> November dated bill (cashback received yesterday).
>
> Will e2save want these back given I have cancelled the contract (even
> though
> this cancellation is without penalty under 3's T&C's) and the cancellation
> was after the eligibility date for the November bill cashback?
>
> I wil repay these if I have to, but do I have to?
>
> Thanks
>
>
If you cancelled the contract just because you wanted to, then you probably
will.

If you cancelled because 3 changed the T&C or bumped up prices (as if!?!)
then IIWY I would refuse to repay, because 3 never kept to their side of the
deal.

Chris P Bacon wrote:
> On Sun, 4 Dec 2005 08:42:28 -0000, "AMO" <[email protected]>
> wrote:
>
>> "Andy Pipkin" <[email protected]> wrote in message
>> news:[email protected]...
>>> I have done this for a contract taken out on 4th August for which I
>>> have received 2 cashbacks from e2save.
>>>
>>> One was an "immediate" cashback (received after 8 weeks, must be a
>>> new definition of immediate!) and the other was on submission of
>>> the 4th November dated bill (cashback received yesterday).
>>>
>>> Will e2save want these back given I have cancelled the contract
>>> (even though
>>> this cancellation is without penalty under 3's T&C's) and the
>>> cancellation was after the eligibility date for the November bill
>>> cashback?
>>>
>>> I wil repay these if I have to, but do I have to?
>>>
>>> Thanks
>>
>> Yes, you will, unless there was a fault in your dealings with
>> e2Save. Your agreement is binding with e2Save in every other
>> respect regardless of whether you are happy with the service that 3
>> provide and/or whether they release you from their contract without
>> penalty. 3's contract with e2Save for commission and e2Save's
>> contract with you to tie you down to 12 months are not related to
>> your contract with 3.
>>
>> I am not sure why you have broken out of your contract, but legally
>> you don't have a foot to stand on. Neither will you gain any
>> sympathy by any party after the situation is explained. Unless the
>> cashback is high, e2Save won't find it worth their efforts to chase
>> you for the cash; it is far more advantageous for them (read that as
>> less hassle to them whilst returning the same hassle to you to
>> restore it) to damage (with valid reason) your credit rating.
>>
>> It is not in your interest, if you are likely to take out phone
>> contracts in the future to damage your reputation with CPW and its
>> companies as they are currently not only the most competitive on the
>> market, but have the financial muscle so that you can be sure that
>> when you do apply for cashback it will arrive.
>>
>> AMO
>>
>
>
> you have not read the subject and the poster is fully entitled to
> cancel his contarct with Three under section 10d of their contract as
> they have increased their costs which has a detrimental effect on the
> user - end of story. he his asking whether this may have an effect on
> his cashback deal, in this case with e2save.
>
>
> Chris P Bacon

Chris, at leats one person here can read. Also I have no problem passing the
cashbacks back, but only if I have to.

Will 3 do a dealer clawback anyway, given the price increase entailed a
penalty-free cancellation in line with 3's T&C's.

The only thing I can see in e2save's T&C of Sale is clause 3.6 which says:

(i) return the handset to them. No problem there. OR

(ii) keep handset and pay them the handset retail price (up to £400)

Erm I'll take (i) thanks.

There's no mention of any need to repay cashbacks at all.

"Chris P Bacon" <[email protected]> wrote in message
news:[email protected]...
> you have not read the subject and the poster is fully entitled to
> cancel his contarct with Three under section 10d of their contract as
> they have increased their costs which has a detrimental effect on the
> user - end of story. he his asking whether this may have an effect on
> his cashback deal, in this case with e2save.
>
> Chris P Bacon

I do not need to read the subject. It is irrelevant. The contract binding
the other user to e2Save with respect to cashback is not dependent on the
detrimental effect of 3's price increase.

AMO

"Andy Pipkin" <[email protected]> wrote in message
news:[email protected]...
> Chris, at leats one person here can read. Also I have no problem passing
> the
> cashbacks back, but only if I have to.
>
> Will 3 do a dealer clawback anyway, given the price increase entailed a
> penalty-free cancellation in line with 3's T&C's.
>
> The only thing I can see in e2save's T&C of Sale is clause 3.6 which says:
>
> (i) return the handset to them. No problem there. OR
>
> (ii) keep handset and pay them the handset retail price (up to £400)
>
> Erm I'll take (i) thanks.
>
> There's no mention of any need to repay cashbacks at all.

Whether 3 do a dealer clawback is irrelevant - you should not really care,
although this is most likely the reason why e2Save are chasing after you.

There are many scenarios inwhich 3 contracts are cancelled; most of these
were when reception was poor using the LG flipphones a couple of years ago.
In all these scenarios, the cashback must be returned as the minimum
contract period has not been reached.

Finally, regardless of what you point out above it is the reality effect
that is the important. Bottom line is that if you give e2Save any hassle
over this, you'll find that you'll probably be getting a lot of grief when
taking out contracts in the future.

You know what the terms and conditions are or are implied. You're just
looking for a way to make a quick profit. Its as simple as that.

AMO

"R. Mark Clayton" <[email protected]> wrote in message
news:[email protected]...
> If you cancelled the contract just because you wanted to, then you
> probably will.
>
> If you cancelled because 3 changed the T&C or bumped up prices (as if!?!)
> then IIWY I would refuse to repay, because 3 never kept to their side of
> the deal.
>

In a court of law:

1) The agreement between the end user and e2Save exists outside the network.
The only factors taken into consideration is that the user did not fulfill
the minimum term and hence must return the cashback.

2) It is reasonable for e2Save to state that 3's price increases are outside
of their control and furthermore are irrelevant to the contract between them
and the end user.

Finally, regardless of the above, the nett effect will be that the user will
be blacklisted on CPW and won't be able to take out any future contracts in
their own name, or at least not without deposits of between £40 and £100.

As CPW have the upperhand in every way when it comes to getting a phone
contract from them, they can simply refuse and no amount of arguing of
fairness or T's and C's will get you anything other than staff taking the
pi$$ after you've gone. Period.

AMO

"Jon" <[email protected]> wrote in message
news:[email protected]...
> [email protected] declared for all the
> world to hear...
> > If the cashback is dependent on you remaining connected to the network
for
> > the minimum term of 12 months, therefore paying 12 months line rental to
3
> > and earning commision for e2save, then if you cancel part way through,
then
> > I would guess that you would have to pay back the cashback as you
haven't
> > paid the full term of the contract to 3
>
> You'll only stuff your cashback if E2Save get a clawback. Comissions are
> generally paid after a few months and I very much doubt if porting out
> at the end of the contract will trigger a clawback.
>
> 3 will charge you up to your 365 days anyway, regardless of when you
> port out.

Not if you are able to cancel due to 3 changing their T&Cs.

Marcus