Possible Ccj Against Me After Canceling A Subscription After Sales Con

[SPECIAL LOCATION]

Big green book....?

is that these people?

http://www.biggreenbook.com/index.php?page=183

Not knowing much about them or what they do..

But in principal it looks to me as though you a purchasing a form of advertising...

Surely NO ADVERTISING.. business or personal guarantees any work or response to your advert ?

So to say that the goods or services you purchased didn't work may not hold much water..?

Providing they can prove that your advert/details/profile etc is somewhere published by themselves in print or website then I think they could say they have done their part of the deal...

You cant go canceling a yellow pages advert half way through a year because no one has answered your advert...

I would guess this BGB thing would be considered the same in a law court...

All of these trades-person finding, contractor searching sites are just a glorified bit of advertising with an element of search and filtering for the type of customer / contractor you are looking for.

Steve has a valid point about the payment aspect being an acceptance of "whatever" terms you agreed to...

BUT you need to confirm exactly what terms you did agree to...

What correspondence is in writing?

Looking at the T&C's from the website..

1. The agreement between the customer and Big Green Book UK Ltd is a Business-to-Business transaction and therefore is not covered by Distance Selling Regulations 2000, as no party is acting as a consumer. This means the contract has no "cooling off" period and is therefore not cancellable once the order has started to be processed

4. By providing Big Green Book UK Ltd with a written confirmation by email or submitting credit/debit card details, the customer is accepting the terms and conditions and entering into a legally binding contract. Purchase Order Numbers are for the customer’s records only and the absence of a PO Number does not invalidate an order.

I may be completely wrong...

BUT..  If these T&C's are all above board...

then I think you need to collate all details, correspondence you have etc..

and have a bit of legal advice.

And don't just ignore it.

 

[binky]

The 'verbal contract' is what matters here. No one can hold you to terms and conditions that you haven't ever seen

 

[Steve3948]

Binky, but it states by providing card details you are accepting the terms and conditions.

I think its down to the payee to read them before committing.

 

[binky]

had a phone call today for some other bunch trying to sell me advertising for a directory that goes to council employees. Opening line was ' we've been given your name by Plymouth City Council' which is bollocks. The Council doesn't give any names to anyone, and I asked the missus (who works in the council) whether she had every seen any such directory, and the answer was definite 'never'

 

[OnOff]

If this is the same lot then it would appear there's a lot of unhappy people out there:

http://www.reviewcentre.com/reviews260216.html

This is interesting, seems there's a link suggesting they are "accredited" to various local councils. This one is for Medway:

http://www.biggreenbook.com/index.php?page=161&type=popup&option=accreditation&aid=538

Now then, my older cleverer brother happens to be a barrister so I've just emailed him with a copy of the email they sent you. Will let you know what he says.

EDIT: As I was typing this he responded. Years of legal training and his professional opinion is:

"No never heard of them. Tell him to tell them to **** off. Usually works."

 

[Andy™]

 Years of legal training and his professional opinion is:

"No never heard of them. Tell him to tell them to **** off. Usually works."

well, thats sorted

 

[OnOff]

Someone elses experience:

http://www.consumeractiongroup.co.uk/forum/showthread.php?357449-I-think-I-ve-been-mis-sold-a-business-directory-membership

 

[Sharpend]

EDIT: As I was typing this he responded. Years of legal training and his professional opinion is:

"No never heard of them. Tell him to tell them to **** off. Usually works."

Spoken as a true professional.

 

[Doc Hudson]

Where someone is chasing what they believe are unpaid debts, then I thought reasonable acceptable methods are to send a reminder copy invoice, with payment due date. Then possibly follow up with a phone call or two, before sending any letters threatening court action. If this email is their first correspondence about the bill then, even if it is a legitimate debt, I would think they are acting in an unreasonable and threatening manner. As the original agreement, (money paid), was six months+ ago, cooling off periods have little relevance, but during that time I would have expected some letter or email confirming what you have purchased and what associated terms and conditions go with the purchase. These ought to clarify what rights and responsibilities each party has and and any procedures for termination of the contract.

Doc H.  

 

[alpha spark]

Thanks people I've sent a letter of complaint will let u know any outcome that I receive !

 

[Sidewinder]

Please do keep us updated alpha, it will be good info for all of us, all we can hope is that it goes in your favour!

Good luck.

 

[gembrain]

Going back to the original post you say that they originally told you that you had the service on a 30 day trial and could cancel within that period. You also say that you phoned them a few days later and tried to cancel.

Far from them being able to claim another £250 you should be able to claim your original £250 back. Regardless of what is in their written part of the contract anything they have said even before you paid them is part of the contract.

If you haven't already agreed in a later email that they can keep the first payment then thank them for effectively reminding you that you had never been repaid what you are owed and that should they not return that within 14 days you will be looking to pursue them via the courts yourself.

You can put in a claim online via the governemnt website. Cost is £25. (Sorry, only just joined so can't post the link!)

Not done it myself but it's apparently fairly painless. Would involve a bit of time though.

Personally I wouldn't recommend getting a solicitor involved.......

 

[binky]

don't need a solicitor just go through the process outlined on website.

 

[alpha spark]

Update sent a complaint letter in before Xmas heard nothing.

Had a letter through today in the post from a debt collector saying I owe £340 by 6th February or court proceedings will commence.

This includes a £40 fee for them being involved

 

[Doc Hudson]

Did they receive your previous letter, was it signed for?

Doc H.

 

[Sidewinder]

Update sent a complaint letter in before Xmas heard nothing.

Had a letter through today in the post from a debt collector saying I owe £340 by 6th February or court proceedings will commence.

This includes a £40 fee for them being involved

Did you sign for it?

Can they prove you received it?

Can you prove the converse?

 

[Sharpend]

Raise a dispute with them that the balance is incorrect it will then put the account on suspense whilst investigated. I've had an account on suspense for nearly a year,I've have clearly told then that I will not make any payments until it is resolved. They don't seem to bothered and it for a substantial amount. Their loss!

 

[binky]

Update sent a complaint letter in before Xmas heard nothing.

Had a letter through today in the post from a debt collector saying I owe £340 by 6th February or court proceedings will commence.

This includes a £40 fee for them being involved

scare tactics, no legit company would go to debt collector without court case first. Send reply based on harrassment legislation. Even better start court case yourself to persue them for monies paid.

 

[NozSpark]

I'll tell you what,,, £40 is cheap for a debt collectors charge...

Google the debt collectors name and address (separately),,, a lot of these co's use "a department" of the company (differently named) to scare people into paying

 

[apprentice87]

To employ a debt collector when you have not already got a judgement, [or it is self evident that the money is owed] is basically, demanding money with menaces. Not a good idea...

john..