Hi, I have been taken to the small claim court by a company. I think they failed to comply with consumers act and stand no rights to a claim.
I was contacted via cold call and agreed to a provisional booking of a space onto a CD rom, based on particular offer made to me on the phone by a seller.
I wasn't provided a proper contract, just an "E-mail booking form" with some small print on it, which stated I had 7 days right to cancel.
As far as I know, they must be 14 days, besides, they didn't provide me with a proper contract copy nor a cancellation form, which if am correct it's something they must do by law.
On top of this, far prior to the publication of said CD rom (39 days precisely) I withdrew my participation in writing.
No one acknowledged it. Next I received a parcel with a proof copy of the CD rom and a request of payment. This was 2 weeks prior to publication of the CD rom. The company didn't provide proof of having produced the 70.000 copies, nor a contract
So to make things clear:
1 I made provisional booking to purchase a space on a CD rom but never received copy of a contract, nor I was provided a cancellation form
2 I withdrew my participation, in writing, 39 days before they went into publication and they ignored it.
3 14 days prior to publication I was provided a proof copy of the CD rom (so within my cancellation right I presume) and again refused participation, in writing.
4 They took me to Court claiming I breached the contract
What right I stand against them and what should I do?
Thanks for your advice
Hello my name is ***** ***** I will help you with this.
For now please let me know whether you are a business or consumer?
I had a company (Ltd and dormant) and they used that to make the booking.
Should I send you copy and of the correspondence between us at the time when things happened?
No you misunderstood me: I withdraw/cancelled my booking with them because things were not going well
to begin with on the booking form sent by them it was written Fashion issue
then the "designers" didn't do the job, I had to do it myself in fact, telling them what font, colour and caption to use
then they sent an invoice with the wrong amount on
it was a series of things that didn't convince me any more and I wanted to speak with the man that cold called me
they ignored me, completely, until a parcel with a proof copy of the CD rom came in the mail
and inside the parcel was again an invoice, this time a paper one, asking me to pay
I wrote immediately to the man that initially contacted me, complaining and asking explanations as the arrival of that proof copy made me believe that they published the CD
instead, they published it 14 days after
they had 39 days from my cancellation (23rd august) to the release date (1st October) and they only contacted me after having sent proof copy. Basically, they never showed me the copy until 14 days before publishing and never provided me proof of having produced and distributed the 70.000 copies they said my company would have appeared on
when I refused to pay, given my cancellation and 1 month of silence about it from their side, then they threaten to take me to Court and they did
now we had a preliminary hearing and the hearing yesterday and the Judge said I must produce a compliant witness statement as I had no idea of how to make one, I never been to Court
The judge suggested me to seek legal advice
I have plenty of time to produce the witness statement, I just don't know how and what right I stand against those criminals
it was a provisional booking as far as I knew
it even says E-mail booking form
does that count as order? how can anyone placing an order without seeing the final product? I wasn't to buy the artwork, but a space on their CD rom and the artwork was how they'd represent my company in that space
exactly what happened, but the judge said he could not reach a decision because my statement and documents provided (email copies) didn't give him a clear understanding of what happened
i stated that they cold called me and that i agreed to commit to purchase, but didn't purchase
and in fact i cancelled the booking for they weren't delivering what promised in the call
then that they ignore me and no one got back to me until the parcel with the proof copy CD rom came in my mailbox
and that i contacted them straight away thinking they published it and asking explanations and telling them I wasn't going to pay for a product that wasn't as described to me
they used the booking form to claim they did deliver, but on it wasn't written what I had agreed to commit buy
and also they completely ignore me for over a month when i contacted them
only to get back to me asking to pay
i wasn't even presented a contract, or cancellation form - which I think they should have by law - and was never showed the product, or proof that they produced those 70.000 copies. That is what they claim they did, there's no proof though
i think these people use the booking forms as a "masked" contract to get people to pay despite not delivering what they promise, in fact online there's an entire forum about them and their doings. They took to court many people before, with same modus operandi
No, I have next hearing on 29th December
the Judge gave me more time to produce - as said - a compliant witness statement
I want to know what rights i stand against those people
if truly they can make a booking form pass for a contract
and arrogate themselves a right to be paid, without having ever got a signature on a contract or proof of having delivered anything at all
I accepted the booking form terms, never accepted to buy a product i didn't see, hence why I was expecting them to produce proof copy for me to approve, instead they are trying to say that the "artwork" was my purchase
I was to buy a space on the CD rom and the artwork was to see how they'd represent my company
not the purchase itself
but they didn't deliver
and i cancelled
39 days before they produced the CD
and published it
yes they did
they didn't present me with the product
just the artwork about my company
and that is not what I was to purchase
this is my argument
will it be enough?
they claim they did
but i never saw the final product i was to purchase
until it was too late - in their view - for me to cancell the purchase
yes of course sorry
what they must prove
sorry am ignorant here
they use the booking form to claim they did
in fact there's no proof they produced and distributed those CD Rom as supplements on the magazine they said it would go with
not a piece of paper about it
can you try to explain a little more pls?
the booking was provisional, so unless they can proved they have produced those 70.000 copies they breached the contract, is that what you are saying?
and what about the fact that they didn't deliver what promised, as the CD rom was to be about Italian wedding planners, but in the booking form was mentioned it would have contained "amongst other things" videos and directories of products and services to help brides planning their day.
So basically they made it sound as the "other things" where to be directories and the place given to us on the CD rom was to be a "section"
instead, it was all the opposite, hence the focus of said CD rom were the other things and the section where we'd end up was the directory!
is therefore any other article of the Sales of goods act that can apply, or is it just that one you mentioned?
On the CD rom the "section" about wedding planners where I ended up with my company is actually named "directories"
so based on such description, could I argue that they didn't deliver what promised, since it wasn't a directory space I committed to buy, but one on a main section?
a little yes
am no lawyer so struggle to see all as you do
a lot of money
but possibly the best option?
would you recommend me to do this?
should I contact the Ombudsman
these people are thriving on doing same to as many as they can
I meant CAB sorry
Ombudsman for consumers, not traders (!)
thank you so much!
I think i really got a defence here
they called my section a "directory" which clearly wasn't what they envisioned to me in the email sent as confirmation to me
after the acceptance of the provisional offer
how strong, if I may ask?
should I take a picture of the booking form and attach it here for you to see?
they do use it for their argument in court
and i see I "approved" the artwork (like saying go ahead) on 21st august
so cancelling on 23rd was in my right i guess
i will have to find a barrister... have no idea of where though!
if i don't have the money who could represent me, maybe someone pro-bono?
I think so yes
I found a solicitor near by that works pro-bono too, will contact him monday
I am going to rate you top score and pay my fee
thank you very, very much!