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Max Lowry
Max Lowry, Advocate
Category: Law
Satisfied Customers: 1457
Experience:  LLB, 10 years post qualification experience
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I entered into a business agreement with on online lead provider

Customer Question

I entered into a business agreement with on online lead provider (I am a mortgage broker). The agreement involved an upfront payment and a sepcific minimum number of leads to be provided within a specified period, if this was not met the agreement specified my monies would be refunded. The agreement was not met and I then requested a refund. The lead provider said he would refund me but did not specify when my money would be coming back, he was rude, aggressive and threatened legal sanctions should I continue to compain saying I was making "slanderous" remarks. Subsequently he issued me with a "credit note" saying I would need to wait 60 days for a refund, further he said I could not request a refund in writing but must do so verbally (the mobile and business number I have are never answered). He has now removed me from his website but put a disclaimer there references my business and I consider to be damaging and inaccurate. Do I have any recourse?
Submitted: 3 years ago.
Category: Law
Expert:  Max Lowry replied 3 years ago.

Max Lowry :

Hi, welcome to Just Answer. I will help you with your question.

Max Lowry :

Yes, you do have recourse. You can demand (as you have done) the repayment of your monies, although it would be good to refer to his acknowledgment that you will be repaid in another email/letter.

Max Lowry :

Then, you should demand he repay you within 14 days. If he fails to do this, then you could sue in him the County Court by issuing proceedings online at www.moneyclaim.gov.uk

Customer:

OK so the fact that he has acknowledged he will repay me (but only in 60 days) will not preclude me taking action in the County Court?

Max Lowry :

No, it doesn't. How much are you chasing from him?

Customer:

£330, not an huge sum, but its the principle

Max Lowry :

Appreciate that - I was just thinking of the costs risk, but you have none as this is a small claims matter.

Customer:

Can I do anything about the diclaimer on his webiste, the website carried my photograph and company name and I have made a sepcific request for him to remove it

Max Lowry :

You want him to remove your photo from his website?

Customer:

Yes, when I first signed up I submitted my photo and company details for marketing puposes. I have asked for these to be removed and any refernce to my Company, he has not and says he will not comply.

Max Lowry :

Yes, this should be removable as it's personally identifies you, and the purpose for which you gave it is now over. So yes, make a request and if he fails to remove it, refer it to the Information Commissioner (www.ico.gov.uk/)

Customer:

OK is there any particular category under which this would come, in refernce to the Information Commissioner or is it just a general complaint, is there a set period of notice I have to give him before I go to them?

Max Lowry :

You dont need to cite law to the ICO, but it's a data protection issue in one sense, although it could also be a copyright issue, but that'll cost a small fortune to pursue, so you're best using the ICO as it's free.

Customer:

OK returning to the previous question re my refund, he seems to be suggesting that as I haven´t made a verbal request he has no obligation to refund me, I assume that this is complete rubbish?

Max Lowry :

Yes, of course it is. I've never head anything quite so ridiculous!

Customer:

OK thanks for you help, much appreciated.

Max Lowry :

You're welcome.

Max Lowry :

I hope this answers your question. If you need further information, just let me know. Please do remember to rate my answer as highly as you can.

Customer:

sorry 1 quick question will this transcrip be emailed to me?

Max Lowry :

We can't email them - sorry, there is no technical facility to do it, but you can just note the page address from your browser, and then come back any time.

Customer:

thanks

Max Lowry, Advocate
Category: Law
Satisfied Customers: 1457
Experience: LLB, 10 years post qualification experience
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