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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10537
Experience:  Barrister 17 years experience
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Misleading information on a web site bmceuropean.com about

Customer Question

Misleading information on a web site bmceuropean.com about one way self drive van hire from incorrect payloads, info on fines and generally misleading. At first they appear to offer self drive hire but are instead simply creating confusion about our self drive services by using lies and scaremongering. The goal of course is to persuade the potential client to use there service which otherwise they may not have done.
My company is called Way2Go Hire LTD and my site is www.way2gohire.com
Is there anything I can do to prevent the aforementioned?
Submitted: 2 years ago.
Category: Law
Expert:  Buachaill replied 2 years ago.
Customer:

1. There are two avenues of legal redress in this instance. However, in each instance, you would have to be either a consumer or a business dealing with bmceuropean. In each instance, BMC infringe either the Consumer Protection from Unfair Trading Regulations or the Business Protection from Misleading Marketing Regulations 2008. However, you need to be user of Bmc'S services to make the complaint. So you should get someone who hires a van from BMC to make the complaint. This would be on the basis that what is said on their website is misleading marketing and unfair. Apart from that, you can make a complaint to the Office of Fair Trade about the nature of the representations. But this is a slow process and takes time. It would be much better if you can get a consumer or business who uses BMC to allege they have broker the law.

Customer:

2. You can also make the case that the website infringes the Trade Descriptions Act. However, the best approach is to allege a breach of Regulation 4 of the 2008 Business Protection from Misleading Marketing Regulations which prohibits misleading comparative advertising. There are both civil and criminal penalties for this.

JACUSTOMER-i80e51t2- :

Has anyone viewed the website bmceuropean.com?

Customer:

3. Yes, I looked at it.

JACUSTOMER-i80e51t2- :

Thank you for your response

JACUSTOMER-i80e51t2- :

Thank you for your response, I have emailed the company presenting them with the some of the info you advised me on. I hope they will see sense and make changes.

Customer:

4. I would advise you to get a solicitor to write to them. Particularly if you don't get any positive response after they receive your own letter. Often it takes the threat of legal proceedings for parties to act.

JACUSTOMER-i80e51t2- :

Many thanks

Customer:

Please RATE the Answer. That is necessary.

JACUSTOMER-i80e51t2- :

So sorry



Just picking myself of the floor.... 😅😅😅😅😅



My response will now be to 'greatly' further my 'campaign' to warn others of the perils of van hire. Indeed, I have just taken a photo of one of your vans on board a Brittany Ferries ship. The van is grossly overloaded and I shall be using this photo to warn others.



I have already registered several 'one way van hire Spain UK Spain' website domains which I intend to have up and running, inlight of your hillarious email', sooner rather than later. The can has truly been opened.



We have over the past year or two had a huge amount of enquiries from prospective clients for van hire - and have gladly steered them away from companies like yours after pointing out the endless possible dangers and problems, and turned them into our own clients. Where we could not help, we gave the leads to our many removals contacts. We will continue to do such although now I can tell clients that you are now emailing pathetic threats in what seems to be desperation.



I shall also contact traffico, Guardia Civil in both Santander and Bilbao and Madrid informing them of the constant stream of overloaded UK reg hire vans with the owning companies blatant disregard to the Spanish legislation etc etc.



I will contact these regularly and insistantly.



I shall also voice my concerns to DVSA in the UK whom I believe are about to start targeting overloaded vans, especially at ports. I shall regularly keep up the pressure.



Good luck with your solicitor.though. Tell them not to bother contacting us as we certainly won't be responding to any correspondence from them. Too busy telling people to steer clear of dodgy van hire firms.



Sorry for the relatively short response, but I realy don't have time much to deal with such a hilariously trivial matter. But thank yoy so much for brightening up my day 😅



Rupert Van Der Burgh (Msc, Bde, MRSA, Ebola)



Head of legal team


Legal Dept (2nd floor room 27)




BMC European


Europa Way


GIBRALTAR


GX11 1AA

JACUSTOMER-i80e51t2- :

I have just sent the response I received from BMC to you

Customer:

5. I see the response. Accordingly, you need to take legal action and instruct a solicitor. There is no point in dealing with it yourself. Get your solicitor to issue legal proceedings and take it from there.

Buachaill and other Law Specialists are ready to help you
Customer: replied 2 years ago.

From your experience, would you imagine this type of case to be drawn out and costly. Can Google be advised of such inaccurate websites where they can by withdrawing sites?

Expert:  Buachaill replied 2 years ago.
6. Dear *****, a case of this nature will generally last a year. However, it should not be very costly. The principal expense will be the cost of your solicitor. Secondly, you will need an order of the court to force this outfit BMCEuropean to take down the material on the website. Search engines like Google will act if there is a court order forcing the taking down of this type of material. Accordingly, you should seek an interlocutory injunction when you get legal proceedings issued forcing BMC to take down the material until trial. This can then be shown to search engines such as Google to make sure they comply with its terms.
Customer: replied 2 years ago.

Dear MrCustomer Thank you for your advise which I will act upon. Can you recommend a solicitor in this field.

Regards Stephen

Expert:  Buachaill replied 2 years ago.
7. Dear *****, I would recommend you use a solicitor who operates close to where you live. Most solicitors will be able to deal with this issue. I don't have a specific knowledge of a solicitor who has dealt with this type of claim previously.