Daniels Silverman emails. Final demand then second reminder.

[useridian68]

Hi,

I received an email from Daniels Silverman Dept Recovery today titled SECOND REMINDER.

They are trying to recover an alleged dept from a membership I had with Rated People Ltd.

I did join Rated People, but it was no more than a verbal agreement over the phone. I definitely did not sign any contract with them.

I was paying 24.00 a month for my membership + more money for leads.

Anyway to cut a long story short most of the leads that were offered were not worth buying, as the potential customer wanted something for nothing. So I cancelled my direct depot with Rated People, as the only one that was making any money from the agreement was RP.

I did get emails from RP regarding my membership, but just ignored them.

I did receive a FINAL DEMAND (email) from Daniels Silverman on the 11th January but ignored it.

The emails are addressed to Dear sir/madam, but have my company name on them.

The latest email mentions CCJ's, bailiffs etc, so I thought I'd better do something about it before I receive a claim form from the County Court Business Centre.

I was thinking of sending a Subject Access Request letter, to start the ball rolling...........

Any advice on this would be appreciated.

Thanks

Ian

[jaguarsuk]

Hi Ian

Could you copy and paste the email, with any personal information removed?

It sounds like pretty standard fayre from a debt collecting agent saying we may do this or may do that, but better to see it to know exactly.

[useridian68]

Hi,

Yes of course. I will do it tonight.

Thank you

Ian

[Amethyst]

Not easy to find their terms for tradesmen ( haven't managed through their site, but google is helpful after I found what it was called from their website use terms ) anyway it all seems to be based on various 'Membership Terms' which you can't find out the information without speaking to them. The details of the term length, renewal and cancellation should be emailed to you. Are you a sole trader ?

Membership Plan: the type of membership selected by you to access the Services;

Minimum Term: the minimum period of time which you commit to paying the Membership Fee;

Membership Fee: the periodic payment specified in the Membership Plan (which may be monthly, quarterly or annually as specified in the applicable Membership Plan);

Minimum Term Membership Plan: a Membership Plan which is subject to a Minimum Term

Tariff Period: the period of time covered by the Membership Fee (for example, if you sign up for an annual membership plan paid on a monthly basis, the Tariff Period is one month).

These Terms of Use constitute the entire agreement as to its subject matter and supersedes and extinguishes all previous communications, representations (other than fraudulent misrepresentations) and arrangements, whether written or oral with the exception of the Homeowner User Agreement and/or Trade Business User Agreement where these have been entered into. To the extent that there is any conflict between them, those agreements shall apply in the following order of precedence:

the Trade Business User Agreement;
the Homeowner User Agreement; then
these Terms of Use.

So
https://www.ratedpeople.com/c/legal-...user-agreement and https://www.ratedpeople.com/c/legal-2/payment-terms

I've printed the Trade Business User Agreement and Payment Terms and attached for ref. ( okay that failed - I'll paste as a text file too )

[useridian68]

Hi,

I'm sorry that I haven't replied sooner.

This is the email I received from Daniels Silverman Dept Recovery

Dear Sir/Madam,

Re:- Our Client Rated People Ltd

Account Name:- Painting And Decorating

Our Ref:-

Outstanding Balance:- £311.41

We note that despite our previous attempts to resolve the above matter amicably it remains unresolved. Accordingly we have no alternative but to take our client’s instructions on issuing legal action against you. Such action may result in additional costs and interest being added to the debt as follows:-

Debt Amount	£311.41
Interest (estimated)	£1.04
Legal Fees (estimated)	£85.00
TOTAL (estimated)	£397.91

If our client is successful in obtaining a judgment / decree this may also lead to Bailiffs calling at your premises to remove your goods, County Court Judgment being registered against you which will affect your ability to obtain credit, your earnings being deducted at source to pay the debt, or you being summoned to Court to answer questions about your finances.

To prevent the possibility of legal action being taken against you, please make full payment to ourselves within 7 calendar days in the sum of £311.41 following the payment instructions below or telephone our office on 0151 222 6702 to discuss further.

Yours faithfully

DS Collections Team

Regards

Ian

[Amethyst]

Are you a soletrader ? Ltd company ?

Did you contact Rated People at all to cancel your advertisement/service ?

You will need a copy of the agreement terms. Even if you 'signed up' over the telephone the terms of that agreement should have been sent to you - do you have any emails from when you registered ?

[useridian68]

Hi,

I was a sole trader at the time of joining, but now I'm working on PAYE.

No I did not. I did receive a letter saying thank you for signing (even though I didn't sign anything) up to one of our annual plans, and I do remember the bloke telling me over the phone something along the lines that you can't cancel.

No I did not receive Terms of Agreement, either by email or post.

Regards

Ian

[Spender]

Hi
I've had exactly the same thing happen to me from the same company. Where do we stand with this.
Thanks