Possible Ccj Against Me After Canceling A Subscription After Sales Con

[alpha spark]

Hi every one sorry not been on here much lately been stacked out. 

Back in May I received a phone call from a company called big green book promising me the earth that can get me local authority work. Work with schools etc etc u know what's coming next. 

Well I fell for it, they said I had a 30 days trial and if I didn't like it I could get my money back. 

I paid £250 plus vat half the yearly fee and said I'd pay the other in 6 months if It was what they said. 

Few days went past not a phone call email or anything so I googled big green book reviews any way it says its a con blah blah blah. So I ring the said company up and they now say I can't get a refund until after the 12 months in which I say if you think I'm gonna pay another £300 not to receive a refund u can think again. They have not been in touch since until today saying if they don't receive payment by Friday they are starting court proceedings.

do you think this has any legs or are they just trying scare tactics. Also any advice who I can get help from. Thanks in advance !

 

[apprentice87]

Total crap, completely ignore them.. If they took you to court, you would merely have to tell the judge that they did not do what they claimed, that will be the end of it. The technical term is. "lack of performance" they did not do what they contracted to do.... The judge would most likely get you your £300 back too. Ever watched judge Judy???? it is not that far removed from reality, county court judges are not stupid and do not like piss takers.....

You said it yourself, they said you could have a 30day trial, you were not happy and wanted out...

Completely ignore them...

john.......

 

[M107]

Not only that but you should have had a 14 day cooling off period, where you can cancel at no risk to yourself.

 

[NozSpark]

I would ask them for a copy of the leaflet and details of the places that it was given/delivered to... I doubt you'll get any worth while response

 

[OnOff]

Send me £150 and I'll sort it out for you............  

 

[binky]

scamm bullying tactics, 30 day trial is exactly that. Anything sold to you in your home has 7 day cooling off period regardless - doorstep selling legislation. They will have recorded the conversation, and play back the snippets that suit them. If yoiu are clear that the conversation stated that a 30 day trail was offered, you have the right to take them to court to claim money back,. There's also legilation about harrassment. Contacct Trading Standards for legal advice, and if you are a scam member contact thier legal team - its part of what you pay for.

 

[Evans Electric]

......and then ...do not ever pay into one of those scams again . 

Why did you think the local authority would think ...Ah we need a quote from an electrical contractor ,,, so lets phone THe Big Green Book  . 

Some bunch of tossers used to phone me saying they were BT  and would get me loads of work in North Birmingham .  I asked them why someone who wanted electrical work doing would phone the telephone company !!  

they were not BT ...I tried to report them to BT when one of their calls put their number up  ...but it was like talking to the wall TBH....  " Do you want to report a nusance call ?  Were they offensive?    Are you having trouble with broadband ? "    

You can'y actually speak to them to say someone is using the BT brand name for scamming   ...gave up in te end.

 

[alpha spark]

Thanks for the responses oh I've learnt my lesson I just hang up on them now i will copy the email and let u guys think got Friday off work so gonna get in touch with trading standards see what they can do.

WITHOUT PREJUDICE

THIS IS A NOTICE THAT PAYMENT OF YOUR MEMBERSHIP FEE IS NOW EXTREMELY OVERDUE.

THIS SITUATION IS VERY UNSATISFACTORY. WE HAVE CONTACTED YOU SEVERAL TIMES FOR PAYMENT WITHOUT SUCCESS.

YOU MUST NOW MAKE PAYMENT OF THE FULL OUTSTANDING AMOUNT OF £250+ VAT (£300)

IF PAYMENT IS NOT RECEIVED BY FRIDAY 29th NOVEMBER 2013 ON A CREDIT OR DEBIT CARD WE WILL HAVE NO OPTION BUT TO TAKE LEGAL PROCEEDINGS AGAINST YOU AND ISSUE A CCJ.

THIS WILL THEN STAY ON YOUR CREDIT FILE, AGAINST YOU, FOR A MINIMUM OF 5 YEARS.

THE AMOUNT CLAIMED WILL BE INCREASED BY ADMINISTRATION AND COURT COSTS.

WHEN YOU GAVE YOUR CARD DETAILS OVER YOU AGREED TO MEMBERSHIP OF BIG GREEN BOOK, THEREFORE ANY JUDGEMENT WILL GO IN OUR FAVOUR.

IT IS IN YOUR INTEREST TO CONTACT OURSELVES IMMEDEIATELY TO RESOLVE THIS SITUATION.

THIS IS THE LAST CORRESPONDENCE WE WILL SEND BEFORE STARTING LEGAL PROCEEDINGS ON MONDAY 2nd DECEMBER 2013.

Kind regards,

Nathan Whitley

Accounts Department

Big Green Book

Tel No: 01691 652527

Email: [email protected]

 

[apprentice87]

As i said, total crap, just ignore them.....

john...

 

[alpha spark]

Cheers john

 

[Steve3948]

One problem, you may not hear from them but they may register you as a bad debt for credit rating.

Many years ago I took a half page in T-sons directory, it was colour and £800, £400 up front and £400 on publication.

Well on publication is was all black so did not stand out from the rest, I asked for a refund, they asked for the balance, I decided I would never go with them again left it at that.

Then had letters threatning court action, so I replied good, then I will ask for a full refund.

Never heard any more, but then one day I decided to get a new TV and the store was offering a deal provided you put the item on a store card, however it got declined saying I was a risk, I had money in the bank and other cards, so I was baffled. I paid online to find out who it was, and it was them.

I managed to get it retracted after a lot of hassle but I would never advertise with them again, so their loss. They ring me every year and I tell them why yet again it's a big NO.

 

[Badger]

Thanks for the responses oh I've learnt my lesson I just hang up on them now i will copy the email and let u guys think got Friday off work so gonna get in touch with trading standards see what they can do.

WITHOUT PREJUDICE

THIS IS A NOTICE THAT PAYMENT OF YOUR MEMBERSHIP FEE IS NOW EXTREMELY OVERDUE.

THIS SITUATION IS VERY UNSATISFACTORY. WE HAVE CONTACTED YOU SEVERAL TIMES FOR PAYMENT WITHOUT SUCCESS. not if you havent heard from them they havent!

YOU MUST NOW MAKE PAYMENT OF THE FULL OUTSTANDING AMOUNT OF £250+ VAT (£300)

IF PAYMENT IS NOT RECEIVED BY FRIDAY 29th NOVEMBER 2013 ON A CREDIT OR DEBIT CARD WE WILL HAVE NO OPTION BUT TO TAKE LEGAL PROCEEDINGS AGAINST YOU AND ISSUE A CCJ. they cant issue a ccj just like that.

THIS WILL THEN STAY ON YOUR CREDIT FILE, AGAINST YOU, FOR A MINIMUM OF 5 YEARS. this is incorrect and they obvousely know very little about this time and process.!

THE AMOUNT CLAIMED WILL BE INCREASED BY ADMINISTRATION AND COURT COSTS.

WHEN YOU GAVE YOUR CARD DETAILS OVER YOU AGREED TO MEMBERSHIP OF BIG GREEN BOOK, THEREFORE ANY JUDGEMENT WILL GO IN OUR FAVOUR. not neccessarily as you have a cooling off period like others have suggested

IT IS IN YOUR INTEREST TO CONTACT OURSELVES IMMEDEIATELY TO RESOLVE THIS SITUATION.

THIS IS THE LAST CORRESPONDENCE WE WILL SEND BEFORE STARTING LEGAL PROCEEDINGS ON MONDAY 2nd DECEMBER 2013.

Kind regards,

Nathan Whitley

Accounts Department

Big Green Book

Tel No: 01691 652527

Email: [email protected]

regards badger hope this is helpful. in bold underlined.

 

[binky]

they can apply for a CCJ if they like, but no court would rule in their favour as they have broken their own terms

the above ammounts to harrassment. Persue for a refund, if you paid by credit card, contact issuer and explain situation pronto. Best Trading Standrds office to contact in the branch nearest their home town.

All communication from them needs to be in writing by registered post to count for jack anyway - without a signed for letter you can just deny ever having recieved correspondence by snail mail or e-mail.

 

[alpha spark]

Thanks Steve this is something I could defiantly do without I will ring trading standards Friday and will talk to Napit also as that is how they got my number !

 

[Sharpend]

Goto a solicitor and ask them to write a letter asking for a copy of the original documentation that you agreed to contract into, and copies of all recorded conversations that you have had with them.

Request that if they do not supply the required information that you will pursue legal action of your own to recover your losses. And note that courts will find on your favour under the sale of goods (services) act. This way they either have to admit that they do not has a record of the contract detailing their services and commitment or they have to accept that their sevice is not fit for purpose. Either way you have nothing to lose. Apart from cost of letter.

 

[Evans Electric]

I see we already have a thread on the Big Green Book ........just another outfit trying to cream some profit off the top without even leaving their nice warm offices .except to drive home in their nice warm 4x4s . 

 

[binky]

told the BGB to bog off ages ago, something to do with there being a Green Deal website listing all GD installers etc etc, and the fact that to get council contracts you need to be registered directly on thier tendering system.

 

[FatToe]

Hi Alpha,

As already said mate: scare tactics.  If they wanted to take you to court they would need a water tight (enforceable) agreement to show what you have alledgidly broken.

To save any future hassle/worry on your behalf it may be worth stopping them hard in the tracks by requesting a copy of the agreement. 

With regards to screwing your credit file over - do you know if their terms stated they would share information about you? If not, then you could argue the case with them.

If in doubt Experian do a 30 day trial (which won't try and screw you over!) and you can see the companies who share financial data about you.

You can expect to see credit cards, personal loans and some utlities share too. For example, British Gas share data, but then BT don't.

Hope this helps.

Let us know how you get on.

FatToe

 

[Steve3948]

I was once told by a solicitor that if a client makes a payment towards an invoice it means they have accepted the terms and conditions or else they would not have paid, and then saying we are not paying rest just will not stand in court.

By making a payment you argree to the terms and conditons, so that's what needs to be looked at in great detail. They would never guarantee work so its how they word it.

 

[apprentice87]

Yes, but this chap paid up front in good faith, it is not his fault that they did not keep up their side of the bargain. If you pay for a new sofa and it never arrives, that does not mean that you have accepted a none existant sofa!

Here is something that may help;

UK law on sale of goods has evolved over many years. It is now principally set out in the Sale of Goods Act 1979 which has been amended by the Sale and Supply of Goods Act 1994 and more recently by the Sale and

Supply of Goods to Consumers Regulations 2002. However, the Supply of Goods and Services Act 1982 applies similar remedies to those in the sale of goods legislation where the seller installs the goods or a contract is agreed for goods to be manufactured or produced.

The Supply of Goods and Services Act 1982 and the Supply of Goods (Implied Terms) Act 1973 provides protection for those who hire goods, or acquire them under hire purchase, or conditional sale, agreements (see page 10). All buyers are entitled to remedies under the legislation but consumers are entitled to a greater range of remedies. "Consumers" are defined as people who are buying for purposes not related to their trade, business or profession. 

Do not worry about "consumer" too much though!!

 A consumer's rights in relation to the sale and supply of goods cannot be curtailed in any way by a term in the contract. Restrictions might be possible in business -to- business contracts but any restriction is subject to the provisions of the Unfair Contract Terms Act 1977.

john...