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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I need advice on an agreement I did not agree on. I apparently

Resolved Question:

i need advice on an agreement I did not agree on. I apparently agreed to advertise my company, payment been going through for a year without me realise, my mistake I did not check my account regularly. I tried contacting them no help, so I contacted the bank to stop the direct debit and also got a refund but now company is asking for money back saying I agreed. They sent me a confirmation letter dated last year but I did not receive this as I checked. They can't seem to sent me any letters I sent to agree to this agreement and I need advice what I need to know from them stop pestering me for money. The money they are asking is not even the amount the bank refunded, they want more.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
Did you sign as a business or consumer please?
Customer: replied 2 years ago.
No I have not signed anything that I am aware of.
Expert:  Ash replied 2 years ago.
Are you a consumer of business?
Customer: replied 2 years ago.
I am self employed in the nail service business.
I placed an advert on yell which I pay annually but this
Contact they said I had is with yell Google which DD of £115.40 a month goes out. I have no paperwork I signed to say i agreed and Also no email but only confirmation from that saying agreement between us. I did talk to someone about this contact but not going ahead as had to pay DD and I only wanted to do annually.
Expert:  Ash replied 2 years ago.
To clarify there is no evidence of an agreement?
Customer: replied 2 years ago.
No, not other than having confirmation of letter saying agreeing to the contract. I have no email to say how much each month or when it's starting etc. Is there a way of sending you the email for you to look at.
Expert:  Ash replied 2 years ago.
You can copy and paste it here.
Customer: replied 2 years ago.
From: Yell ltd
Sent: 11th of September 2014 at 15:03:29
To:
Subject: Order Confirmation
Dear Ms Bhal
Order Number: 60140891
Account Number: 16939139
CONFIRMATION OF ORDER
Thank you for booking your exciting new Google Adwords Search Marketing Services campaign with hibu. We are pleased to confirm that your order has been accepted.
You agreed with our sales consultant to commit to advertise with us for the Google Adwords Search Marketing Service for six months from go live. This will give you the opportunity to really benefit from the campaign. After that your contract will be subject to automatic rolling one month periods.
Please note that your campaign will commence:
(i) for new campaigns: seven (7) or fifteen (15) days from the date of this e-mail, depending on the payment method you have selected; or (ii) for additional campaigns: at the start of your next monthly period, at a maximum, 4-6 weeks from the date of this email.
You have seven (7) days from receipt of this e-mail to contact us by calling on the telephone number below should you decide not to continue with this order.
Please note the following carefully:
Your Google Adwords Search Marketing Campaign Details –
Business Functions: Nail Technicians
Service Areas: Hayes and Harlington
Business Functions: Nail Technicians
Service Areas: Southall
Business Functions: Nail Technicians
Service Areas: Feltham and Heston
Business Functions: Nail Technicians
Service Areas: Stanwell
Business Functions: Nail Technicians
Service Areas: Colnbrook
Business Functions: Nail Technicians
Service Areas: Egham
Business Functions: Nail Technicians
Service Areas: Staines
Business Functions: Nail Technicians
Service Areas: Sunbury
Business Functions: Nail Technicians
Service Areas: Twickenham
Business Functions: Nail Technicians
Service Areas: Shepperton
Business Functions: Nail Technicians
Service Areas: Chertsey
Business Functions: Nail Technicians
Service Areas: Weybridge
Business Functions: Nail Technicians
Service Areas: Addlestone
Monthly Net Budget: £96.00
VAT: £19.20
Total (incl VAT): £115.20
Invoice – We will provide your invoice, including the dates when we will be taking your Direct Debit payments, electronically via our online service – service.hibu.co.uk. Please register and you will be able to access your account. Details of the different charges applied to your account are available from Customer Services on the number below.
Terms and Conditions – As agreed and accepted by you at the time of booking, these services will be subject to our terms and conditions and to hibu’s Privacy and Advertising policies which are available at: service.hibu.co.uk/legal Please read these carefully.
If you would like to make any changes to the above campaign please contact us on the details below.
Yours sincerely
hibu Customer Service Team
If you have any comments or queries please contact us by email at '*****@******.***' or call our Customer Services Team on 0800 777 485, Mon – Fri 9am – 5.30pm.
This e-mail has been sent to you automatically and is for information purposes only. Please do not reply to this automated address. This mail box is not monitored and you will not receive a response.
service.hibu.co.uk/contactus
COPY COPY COPY COPY COPY COPY COPY COPY COPY COPY COPY COPY
If you have any further questions please contact us by e-mail at***@******.*** or call our Customer Services Team on 0800 777 485, Mon – Thursday, 8:30am – 6:00pm, and Fri 8:30am – 5:30pm.
Kind Regards
Manpreet Bassi
cid***@******.***
Manpreet Bassi
PPC Campaign Executive
Expert:  Ash replied 2 years ago.
When you received this, what did you do? It seems you accept a budget?
Customer: replied 2 years ago.
So never saw this email even though it does show my right email address and this was sent in sept 2014 as shows above. I have got an advert with yell that covers all that area which I pay annually. I was told about this Google advert which I said no to as had to pay monthly. I don't have any email from them or even myself to say I agreed to this email. I have asked them if they can sent me email confirmation I agreed to this but all I got was above but it does not show me agreeing to it.
Expert:  Ash replied 2 years ago.
Was it sent to junk?
Customer: replied 2 years ago.
I don't know might be
Customer: replied 2 years ago.
I need to know where I stand and if I just need to pay them but I am just annoyed that there is email nothing to say I agreed
Expert:  Ash replied 2 years ago.
What was agreed instead?
Customer: replied 2 years ago.
its been over a year now and I cannot remember agreeing to any Google advert and also I have no email corresponding saying what I wanted and how much. I have asked them to sent me the email I have agreed to this advert and they seems to ignore this. I only got the confirmation letter which does not show that I agree just I said I agree. Hope this make sense. I want to know if I just to pay up as I can't remember and I don't have any email to prove this or do I involve a one do you guys and not make payment.
Expert:  Ash replied 2 years ago.
Do you accept the email was sent?
Customer: replied 2 years ago.
No as I don't remember seeing it but it shows that it was sent
Expert:  Ash replied 2 years ago.
How much are they claiming?
Customer: replied 2 years ago.
£1728 it's from last year till this Nov, I only spoke to someone to cancel it on 5th Nov. My bank refunded me the money as I had to call to cancel this with the bank and also I was not getting reply from this hibu company . Only when I got money refunded by bank and direct debit cancelled, hibu contacted me.
Expert:  Ash replied 2 years ago.
Ok. How much do you say you owe, if anything?
Customer: replied 2 years ago.
They say I owe 1728
Expert:  Ash replied 2 years ago.
Ok. If you dispute it then yo can contest it. Worst case they can take it to court and given the value it would be a small claim which means they can't claim lawyer fees etc.
Therefore if you think they don't have a claim you can say you are not paying it. The email sent does not help your case and you would have to show a judge that on balance you don't owe it. But if you didn't enter a contract or it was a different amount you do have case.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.
Thank you very much for your help. It did help.
Expert:  Ash replied 2 years ago.
If this answers your question could I invite you rate my answer before you leave today.
If the system won’t let you please click reply.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
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