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Kellys Vegies - ASA Ruling and County Court Claims

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  • Kellys Vegies - ASA Ruling and County Court Claims

    In recent days we have been made aware of a number of county court claims being made by a vegetable 'farm fresh' delivery box company ' Kellys Vegies'.

    The company offers a 'Free Trial Box to help get new customers, however don't seem to be very happy if people decide not to continue with the service following the trial box. There is a cancellation period of only 4 days ( including the delivery date ) and the company appears to be having some issues with their customer service. There doesn't appear to be an issue with the actual product and service received by customers - it seems to be directly related to the free box trial and some quite onerous terms on cancellation and penalty fees.

    The company also appear to have taken umbridge with some poor reviews being left on the internet and have recently ( 16th Dec) added a term to their terms and conditions
    Originally posted by Kellys Vegies
    Customers found leaving a derogatory review on any web platform in a way to discourage potential customers from using the service, will be charged at a rate of £50/day to cover lost business. We would encourage customers to come to us first if there is a problem and to refer back to these terms in case of a dispute.
    masdopey:

    The ASA ruling can be read https://www.asa.org.uk/Rulings/Adjud...x#.VnJ71L-NNkE
    Originally posted by ASA
    ASA Ruling on Kelly's Vegies Ltd

    Kelly's Vegies Ltd

    Unit 3 Central Estate
    Denmark Street
    Maidenhead
    Berkshire
    SL6 7BN




    Summary of Council decision:
    Three issues were investigated, all were Upheld.

    Ad

    Two ads for Kelly's Vegies, a home delivery service for fresh fruit and vegetables, offered a free trial:
    a. The front page of a leaflet stated "Free Trial Box offer ... This offer applies to our small box only". On the inside of the leaflet, it stated "Three Box Sizes To Choose From" and featured three boxes: small; medium; and large. The small and medium box included a tag which stated "FREE".
    b. Claims on www.kellysvegies.co.uk stated "FREE Trial Box ... Sign Up today for a no obligation free trial box".

    Issue

    The complainant challenged whether:
    1. the description of the small and medium box inside ad (a) as “free” was misleading because it contradicted the claim on the front page "Free Trial Box offer. This offer applies only to our small box only";
    2. ad (a) was misleading because it failed to include all applicable significant conditions of the free trial box offer; and
    3. ad (b) was misleading because it failed to include all applicable significant conditions of the free trial box offer before consumers committed to taking up the offer.

    CAP Code (Edition 12)


    Originally posted by ASA conclusion
    We told Kelly’s Vegies Ltd not to call the box “free” unless they made clear that consumers would be enrolled into a paid-for subscription service which might be subject to a cancellation fee, and to ensure that: they did not mislead consumers about the offer by omitting significant conditions in their ads; their full terms and conditions could be retained or were easily accessible throughout the free trial period; and any qualifications to an offer were not contradicted by other text elsewhere in their advertising.
    Following the ASA ruling the website does appear to have made a couple of changes however doesn't seem to have taken on board the ASA's ruling in full and fails to mention customers would be enrolled into a paid-for subscription service which might be subject to a cancellation fee until after they have selected products and entered their details for delivery. We have made a further complaint to the ASA so this can be investigated further.



    If you are experiencing issues with this company please feel free to start a thread.

    If you have received a court claim then please try not to worry over the Christmas period. On receipt you should submit your acknowledgement of service from the claim pack which will allow you 28 days to decide whether you want to defend the claim, so you can sort it out in January and put it to one side through the festive season xxx
    :tree:

    UPDATE 28th December 2015 : Kellys Vegies have now removed the '£50 charge for bad reviews' term from their contract. The company are closed for 2 weeks over Christmas.
    Attached Files
    Last edited by Amethyst; 28th December 2015, 10:26:AM. Reason: changed cancellation period from 5 days to 4 days.
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps
    Tags: None

  • #2
    Re: Kellys Vegies - ASA Ruling and County Court Claims

    Oooops, ASA seem a tad unhappy there.

    And for the record, its a shame im not one of their customers with a court claim because id tear through their claim like a vindaloo tears through ..............

    If anyone receives a claim from these people, please please please post on here and please do get help with it, from what ive seen these claims are without legal merit, fail to comply with the rules and are spurious.
    I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

    If you need to contact me please email me on Pt@roachpittis.co.uk .

    I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

    You can also follow my blog on consumer credit here.

    Comment


    • #3
      Re: Kellys Vegies - ASA Ruling and County Court Claims

      Originally posted by Amethyst View Post

      We have made a further complaint to the ASA so this can be investigated further.
      In response to this and complaints made by others the ASA have confirmed that there is a continuance of issues with the Kelly's Vegies website and their compliance team are working to rectify the problems.

      Comment


      • #4
        Re: Kellys Vegies - ASA Ruling and County Court Claims

        Originally posted by Amethyst View Post

        The company also appear to have taken umbridge with some poor reviews being left on the internet and have recently ( 16th Dec) added a term to their terms and conditions
        masdopey:

        Originally Posted by Kellys Vegies Customers found leaving a derogatory review on any web platform in a way to discourage potential customers from using the service, will be charged at a rate of £50/day to cover lost business. We would encourage customers to come to us first if there is a problem and to refer back to these terms in case of a dispute.


        The term has now mysteriously disappeared from the terms & conditions on the Kellys Vegies website http://www.kellysvegies.co.uk/terms.aspx
        Last edited by EXC; 31st December 2015, 06:51:AM.

        Comment


        • #5
          Re: Kellys Vegies - ASA Ruling and County Court Claims

          This is how the term had appeared.
          Attached Files

          Comment


          • #6
            Re: Kellys Vegies - ASA Ruling and County Court Claims

            Article in tomorrows Mail on Sunday - http://www.dailymail.co.uk/money/bil...nightmare.html
            #staysafestayhome

            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

            Received a Court Claim? Read >>>>> First Steps

            Comment


            • #7
              Re: Kellys Vegies - ASA Ruling and County Court Claims

              Originally posted by Mail on Sunday View Post
              Legal Beagles has even been threatened with legal action for highlighting customers’ concerns
              Our response the 'Letter Before Claim' from Kelly's Vegies, the subject of which is the first post in this thread.


              Dear x

              I refer to your 'Letter Before Claim' of 17th December 2015.

              The nature of any internet forum is to accomodate the personal views and honestly held beliefs of individuals for the consumption of others and our forum was created for this purpose.

              Just so our position is clear from the outset we deny that there is anything in the post complained of that is even remotely capable of being either slanderous or misrepresentative and we would advise you to seek formal legal advice.

              Turning to your specific points we will address each item individually as best we can although most of the items in your bullet pointed list summarise rather than specify the words complained of.

              ''We are not happy when a trial customer cancels their account.''
              The post actually states that you ''seem'' unhappy which is a perfectly reasonable inferance to draw from your responses to some of our members, legal claims and customer reviews we have read. Any self respecting company shouldn't be happy when customers cancel their accounts.

              ''You also make out that our free trial box offer advertised on our website is causing customer service related issues as a general matter of fact.''
              The ASA ruling is based entirely on a complaint made specifically about the free trial box offer, which is clearly a service related issue. The same applies to the experiences of some of our members and reviews available on the internet.

              ''There are issues with our customer service despite yourselves not being aware of the full facts of each case.''
              See above.

              ''We are still in breach of the current ASA ruling which doesn’t actually relate to our website but rather to an advertising leaflet which has been discontinued.''
              The ASA ruling unequivocally and repeatedly relates to your website (in addition to the leaflet) and it is patently ludicrous to suggest that it doesn't. That we believe you are still in breach of the undertakings imposed upon you is our honestly held opinion for which we have an unchallengeable right to express.

              ''You make it clear that we fail to advise customers that they are enrolling into a subscription. This is untrue. Potential customers are given the opportunity to read our terms of business BEFORE submitting their order and being directed to the payment page.''
              The post actually refers to the ASA's finding of the failing and not ours. For reference the ASA held that ''We therefore considered the omission of that information from the ads was likely to lead consumers to believe that signing up for and taking delivery of the free trial box was the extent of their commitment.'' Given that you believe that the ASA ruling does not relate to your website and presumably the subscription enrollment process we would warmly encourage you to read it again.

              ''The whole purpose of this thread is to spread negativity and falsified rumours''
              This is not the case. The purpose of the thread is to assist consumers who have issues with your company and may need guidance on how to respond to claims, this being a primary function of our website.

              On reviewing the post we do appear to have made a factual error in stating the cancellation period as 5 days as opposed to 4. We aplologise and have amended the post accordingly. However the post will remain in its present form.

              For the avoidance of doubt should you be unwise enough to issue procceedings against us in this matter it is our intention to defend in full and we would reserve our rights as to costs.

              Legal Beagles
              Last edited by Amethyst; 13th February 2016, 21:20:PM.

              Comment


              • #8
                Re: Kellys Vegies - ASA Ruling and County Court Claims

                It's all change again on the terms & conditions, the text in bold has been removed.

                Supplied
                At the time of joining our scheme, you will be supplied with two crates over a two-week period, property of
                Kelly’s Vegies - one for every other week’s delivery. You agree to leave your empty crate out for collection
                on the evening before your next box is due. These crates are free of charge but if you fail to return them,
                ultimately we may have to charge you for extra packaging. Upon cancelling your membership should you
                fail to leave your empty plastic crate on your front doorstep for collection, you will be charged £20 for a
                second collection attempt in order to cover the driver’s time and fuel.
                If you live in a flat, please ensure our
                empty crate is accessible for the driver to collect (i.e., leave the crate outside the communal door or in
                another pre-arranged safe location if the trade button does not work during our delivery hours.
                Also he's added a reference and link to the terms & conditions on the 'Free Trial Box' offer on the main page (highlighted in the screenshot), possibly as a result of pressure from the Advertising Standards Authority's Compliance Unit.

                It's a step in the right direction but given that he has altered the terms & conditions on 4 occasions in the last 3 weeks they don't count for much.
                Attached Files

                Comment


                • #9
                  Re: Kellys Vegies - ASA Ruling and County Court Claims

                  New alterations to T&Cs

                  Yellow = added
                  Strikethrough = removed



                  Comment


                  • #10
                    Re: Kellys Vegies - ASA Ruling and County Court Claims

                    Looks like the ASA weren't happy with the below the fold membership info... this is much better ( he also seems to have removed the requirement to have 12 further deliveries or pay a cancellation charge ? if I'm reading it right on the ' terms' page ?



                    Kelly's Vegies Terms & Conditions

                    Membership to Kellys Vegies

                    Your membership will start on day 5 after receiving your trial box (day 1 being the day your trial box is delivered). An annual membership fee of £20 is taken on the 30th December each year to cover the following year's subscription. New customers joining throughout the year will benefit from FREE membership up until 30th December. The membership fee is non refundable.

                    Produce Origin

                    We aim to source as much British produce as possible but your box will inevitably include some foreign produce (ie. bananas, oranges, avocados etc). We do not supply certified organic produce or genetically modified produce though we can supply some organic produce upon request.

                    Delivery

                    Your chosen box will be left on your doorstep or other pre-arranged location, on the same day every week. A box will be delivered each week unless you log into your Kellys Vegies online account to manage your delivery dates. Boxes are delivered between the hours of 11:30pm and 5am. It is customers' responsibility to ensure that it is taken inside and that all produce is stored as you would to keep it fresh, BEFORE setting off for work or school etc. In the event that we need to change your delivery day, you will be notified in writing. For trial customers, you will receive email notification the day before your first box is due, to let you know which morning to expect your box. Please allow five working days for us to confirm your delivery day, especially during busy periods.

                    If you live in a flat, your delivery will be left outside your front door. If we cannot gain access to your front door, your delivery will be left outside the communal entrance of your block at your own responsibility.

                    Bank Holidays

                    For weeks commencing with a Bank Holiday Monday, please note that your box will arrive one day later, ie. if your usual delivery morning is Friday, please do not expect your box before Saturday morning, etc. The same applies to box collections whereby the driver is only coming back to pick up the empty crate.

                    Payment

                    First Trial Box
                    £2.00 will be charged to your card to cover your first delivery. The contents of this box are FREE OF CHARGE. This offer is open to one box per household. During the trial, any additional deli items selected must be paid for using the card registered at the time.
                    Subsequent Boxes
                    For all subsequent deliveries, customers will be charged using the card details provided at the time of registering their first order. The amount debited will depend on which box you have chosen when completing the order form. It is our company policy to not accept cheques or cash, and to levy a 50p card handling fee on all card payments. To avoid paying the card handling fee, you may log into your Kelly's Vegies account and set up a Direct Debit. Direct Debits payments are taken weekly in arrears. Kelly's Vegies also reserves the right to decline delivery in the event of a non-payment. Returned Direct Debits are charged at £5 per failed payment to cover admin costs. If you cancel your direct debit whilst your membership is active, we will revert to taking any payments that fall due by using your registered debit/credit card.
                    Failed Card Payments
                    Customers who have ordered a box but not honored their payment will be charged a 75% fee to cover our wastage. Remember that all our boxes are made to order. Therefore please log into your online account and click on “Delivery Dates” if you can’t pay and need to skip the delivery for that week. 48hrs notice required.

                    Cancellations

                    First Trial Box
                    Should you decide that our service does not suit your needs after receiving your trial box, please email us within four days (including delivery day). If we do not hear from you, you will automatically receive a box each week (unless you log in to your online account to manage your delivery dates) until further notice, and you will be billed as detailed above.
                    Existing Customers
                    You can cancel your membership at any time by sending us an email. A member of our team will reach out to you to gain feedback and confirm your cancellation has been processed.

                    Replacement Produce

                    Should you have any concerns about the quality or freshness of any item in your box, please inform us as soon as possible and we will be happy to replace this item at the time of your next delivery or earlier if possible, no questions asked.

                    Crates Supplied

                    At the time of joining our scheme, you will be supplied with two plastic crates over a two-week period, property of Kelly’s Vegies - one for every other week’s delivery. You agree to leave your empty crate out for collection on the evening before your next box is due. These crates are free of charge but if you fail to return them, ultimately we may have to charge you for extra packaging. If you live in a flat, please ensure our empty crate is accessible for the driver to collect (i.e., leave the crate outside the communal door or in another pre-arranged safe location if the trade button does not work during our delivery hours.

                    Skipping Deliveries

                    We understand that sometimes you will be away from home for any reason and as such you don’t need a delivery. Please log into your Kellys Vegies online account and click on the “Delivery Dates” tab in order to manage when you need to skip deliveries. A minimum of 48hrs notice is required to skip a delivery. We may accept less notice only in the event that your order hasn't yet been packed.

                    Prices

                    For details of our prices concerning the full range of products on offer, please log in to your account. Prices may change without notice and as such the cost of our products may fluctuate depending on daily market value.

                    For every fruit and vegetable box purchased through the website, 10 pence will be donated to our charity "Hungry Tummies", a local charitable service that provides fresh food to homeless people and people in need.

                    Service Closure

                    Kelly's Vegies will temporarily close for two weeks in the summer and two weeks at Christmas. Exact dates will be confirmed in writing every year and nearer the time.







                    Attached Files
                    Last edited by Amethyst; 12th January 2016, 18:59:PM.
                    #staysafestayhome

                    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                    Received a Court Claim? Read >>>>> First Steps

                    Comment


                    • #11
                      Re: Kellys Vegies - ASA Ruling and County Court Claims

                      Hi all,

                      Much as it Shames me to admit it, I worked for Kelly's Vegies for a while.

                      I had to leave at short notice due to my husband getting a new job which left me without childcare to go to work.

                      I let Kelly know that I would be unable to work for him anymore and he told me that because of this he would not pay me for work I had already done. He did not dispute that he owed me money.

                      Unfortunately our dispute got rather heated and I told him I would review his business negatively on social media. He then told me he would help himself to money out of my bank account if I did this. I gave him my bank details to put my wages into. He said for each negative review he would take £50 directly from my bank. I have spoken to my bank and they told me they wouldn't release the money. I have also reported him to the police. I did not sign an employment contract allowing him to do this. He lied to me about having a (non existent) licence that would allow him to do this.

                      Since then, he has continued to refuse to pay me the weeks wages he owes me and has been increasingly abusive. On two occasions he has threatened to counter sue me for things that on review would be impossible to sue me for.

                      I now feel that I have no choice but to join the ever growing line of people that are Pursuing court action against him. I will be making a claim via the small claims court and was wondering if anyone had any advice for me in doing this. I have not taken this line of action against anyone before and he is obviously well versed in this procedure.

                      Comment


                      • #12
                        Re: Kellys Vegies - ASA Ruling and County Court Claims

                        Hi there,

                        Nothing to be ashamed of whatsoever, we all need to work, and you didn't know what would happen xxxx

                        So, did you post bad reviews on social media? I presume you can see that threatening to do so wasn't really the best way of dealing with things, although I can understand you were angry at the time.

                        How long had you worked for him ? and what notice did you give of leaving ?

                        Did you have an employment contract, and did you get pay slips showing your tax and NI contributions ?
                        #staysafestayhome

                        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                        Received a Court Claim? Read >>>>> First Steps

                        Comment


                        • #13
                          Re: Kellys Vegies - ASA Ruling and County Court Claims

                          I didn't post any negative reviews on social media. I was angry when I threatened to do it. However, just being honest would give him a lot of bad publicity if I wanted to go down that route. I have decided that this will not result in me getting the money he owes me and have decided to go down the legal route instead.

                          I worked for him from 7th November-6th December 2015. So I was one day short of a month.

                          Unfortunately i only gave a couple of hours notice. I thought my husband would get home from his new job in time for me to go to work. He wasn't that night and as I knew it would be an ongoing problem I said it would be better if I didn't come back. I did try to work with him to come to a solution in which I would be able to work a notice period. I was keen to find a solution so that I would not have to give up the job at all. We had a phone conversation in which Kellys Vegies was very abusive and slammed the phone down on me. Therefore no workable solution could be reached.

                          I did not have an employment contract and did not get payslips. I invoiced him and he would pay me from this. I believed myself to be self employed. However, I have since reviewed this on the government website and it suggests that I was actually employed.
                          Last edited by Amethyst; 13th February 2016, 21:17:PM.

                          Comment


                          • #14
                            Re: Kellys Vegies - ASA Ruling and County Court Claims

                            Originally posted by Unregistered View Post
                            I didn't post any negative reviews on social media. I was angry when I threatened to do it. However, just being honest would give him a lot of bad publicity if I wanted to go down that route. I have decided that this will not result in me getting the money he owes me and have decided to go down the legal route instead.

                            I worked for him from 7th November-6th December 2015. So I was one day short of a month.

                            Unfortunately i only gave a couple of hours notice. I thought my husband would get home from his new job in time for me to go to work. He wasn't that night and as I knew it would be an ongoing problem I said it would be better if I didn't come back. I did try to work with him to come to a solution in which I would be able to work a notice period. I was keen to find a solution so that I would not have to give up the job at all. We had a phone conversation in which Kelly was very abusive and slammed the phone down on me. Therefore no workable solution could be reached.

                            I did not have an employment contract and did not get payslips. I invoiced him and he would pay me from this. I believed myself to be self employed. However, I have since reviewed this on the government website and it suggests that I was actually employed.
                            Morning

                            Do you want to register - obviously use a username that doesn't identify you and then we can sort out a thread in Employment section and you'll be able to get some support in dealing with this. As you only worked for a month there aren't particularly any rights you have but you should be paid up for the final week that you worked.

                            xxxx
                            #staysafestayhome

                            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                            Received a Court Claim? Read >>>>> First Steps

                            Comment


                            • #15
                              Re: Kellys Vegies - ASA Ruling and County Court Claims

                              I'm not sure if this is of any use to you, but I got a leaflet through my door yesterday. It seems to be the one mentioned as it has the 'small box only' wording on the front with the 'free' stickers/badges on the small and medium boxes inside.

                              Comment

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