Kellys Vegies Court Claim

[rthompson3000]

I've received a claim form from county court totalling £114.25 stating that I had never contacted him to complain and request a refund.
I had complained and was shouted and screamed at over the phone saying that my accusation of the food being not very nice is untrue and that he would not refund my money, I then did the next best thing and contacted my bank to arrange a refund directly as I was not prepared to pay for food that wasn't fit for eating.
I tried to log in to my account on their website to attempt to cancel any further deliveries but was unable to, and despite several attempts, it just wasn't happening. Based on the previous phone call made to him, I wasn't prepared to go through that ordeal again, I assumed my login details had been cancelled due to his attitude on the phone so I informed my bank not to authorise any further payments to this company.
I never received any further boxes or emails from Kellys Vegies from that date and so assumed it was all done and dusted.
I then had a phone call from in January stating that I owed him a lot of money to cover various costs and that he would be doing me for theft.
I had absolutely no knowledge of an annual subscription, or that I was obligated to pay for a number of boxes before I was entitled to cancel, and also wasn't aware of any cancellation charge.

[Nibbler]

Re: Kellys Vegies Court Claim

Welcome. Some help will be on the way shortly I'm sure.

[Amethyst]

Re: Kellys Vegies Court Claim

Evening xx

Sorry to hear you've had problems with this company. Sadly, you are in good company here, I'll sort out access for you in the morning and you'll get some decent support dealing with the claim. First step is to log in to Moneyclaim online and acknowledge the claim with intent to defend in full. No need to write a defence at this stage, doing the acknowledgement simply extends the time you have to defend up to 33 days from date of issue.

Can you give us a bit of background please, and if you can upload a copy of, or type out the particulars of claim from the claim form that would be great. Also can you tell us the date of issue of the claim, and is it in the name of claimant ' Kellys Vegies ' ?

So you went onto the site and ordered a free trial box, did you have that box, and is that the one you rang up to complain about and cancel ? or did you have further boxes after that before complaining ?

Also you mentioned the bank re a refund - did you get that? what did they refund you ? or did you simply cancel any continuous payment authority ?

Sharon
xx

[Guest]

Re: Kellys Vegies Court Claim

This chap ordered a trial box then got delivered a second box which he then disputed with his bank. No communication from his whatsoever was received. Further boxes were then ordered but not paid for so he was charged wastage fees on multiple occasions as all boxes are made to order. When I rang him to ask why he disputed his payment, all he said was "take me to court and call the police". Not nice at all. He owes me £114.25.
No email communication received whatsoever from this ex customer requesting replacement produce or advising of any unsatisfactory produce. I have gone through my inbox plenty of times.

[Amethyst]

Re: Kellys Vegies Court Claim

Hello again

Thank you for your response, I'm sure rthompson3000 will be able to reply to your assertions when they next come on the thread.

Could you maybe check when his account was closed off by yourselves as he does state he tried to log on to cancel but was unable to ?

Also boxes aren't ordered each week are they, you deliver the same thing each week if they don't amend the order? therefore surely if one order fails due to non-payment you'd contact the customer before you start up deliveries again ? ( so there should only be one wastage charge (if that was deemed fair of course).

No email communication received whatsoever from this ex customer requesting replacement produce or advising of any unsatisfactory produce. I have gone through my inbox plenty of times.

How about phone calls?

[Guest]

Re: Kellys Vegies Court Claim

He did mention during our brief conversation that he couldn't log on. Tried myself from a different desktop and didn't encounter any problems using his log in credentials. We did have a "can't sign in" link next to the log in box whereby customers can get their log in credentials sent to them by email or sms if they encounter problems. And more importantly, an quick email would have sufficed if the customer still couldn't log in. Most of the time, it is because spaces or caps within the username or password are not respected.
To cancel the service, the customer needed to email me his request and put it in writing. Like I said in my previous post, no communication has been received by this customer hence my surprise when I saw that he raised a chargeback for goods delivered. Cancelling a card and disputing a payment is not the way to cancel a membership.
Had a complaint been raised for unsatisfactory produce, replacements would have been dropped off. It happens all the time when dealing with perishable goods. Hence why we have a replacement policy to protect the customer's purchase.

No phone call received. Only mine when I queried why he disputed his payment as his account was still showing as live and why he kept placing orders and not paying for them. The service works in a way that deliveries are weekly by default unless the customer logs in to skip a delivery. This is explained in our t&c's that everyone hates reading when prompted to do so on the trial order form.

[EXC]

Re: Kellys Vegies Court Claim

I think the question was:

Also boxes aren't ordered each week are they, you deliver the same thing each week if they don't amend the order? therefore surely if one order fails due to non-payment you'd contact the customer before you start up deliveries again ? ( so there should only be one wastage charge (if that was deemed fair of course).

[Amethyst]

Re: Kellys Vegies Court Claim

why he kept placing orders and not paying for them. The service works in a way that deliveries are weekly by default unless the customer logs in to skip a delivery.

Well, not being picky, but he didn't keep 'placing' orders, after the first payment failed, you should have stopped any further deliveries going out ''by default'' as there was obviously an issue. Your wastage fee is what? 70% of the box ? ( apologies if not but I can't find your terms since you moved to a new website ) - so a box is what £15 ? - so 6 / 7 weeks of non payment and the deliveries weren't stopped ? or are there other charges within that £114? ( The OP hasn't posted a copy of the claim form as yet - but if it's as vague as the other one I suspect there isn't much of a breakdown on it anyway - so if you could help out)

To cancel the service, the customer needed to email me his request and put it in writing.

Also I'm pretty sure your terms stated ''Cancellation requests by email cannot be actioned''

[Amethyst]

Re: Kellys Vegies Court Claim

Ahhh, I found the terms dated 16th December 2015 - just for your reference attached,

[Guest]

Re: Kellys Vegies Court Claim

Yes Sharon, our terms were updated. He could have easily rang and left a message. We have a 24/7 answerphone service. Let's see if he has a phone bill to show. If someone wants to opt out I would rather they get in touch rather than sneakily contact their bank.

His first payment didn't fail. His second payment went through, had the delivery and disputed it weeks later.

I have a system set up whereby if a customer's card fails, an automated email and sms is sent asking the customer to log in and upload valid card details in order to prevent the wastage fee as I end up having to bin the goods. (I don't run a shop, all boxes are made to order) I don't automatically charge a wastage fee and always the customer to resolve if possible first. Then it is down to the customer to act upon our notice. If they don't then they have been made aware of the charges


Boxes are indeed ordered each week (different menu each week) unless the customer doesn't want a delivery, they can log in and skip that week.

[EXC]

Re: Kellys Vegies Court Claim

Ahhh, I found the terms dated 16th December 2015 - just for your reference attached,

Oh yes.

Existing customers who wish to cancel their membership must call our cancellations team on 0800 781 7324 in order for us to verify your account details and book your final delivery. Once a member of our team has spoken to you to confirm your identity and cancellation request, you agree to honour 1 final delivery within a week, excluding any prearranged absences. Cancellation requests by email cannot be actioned.

[Amethyst]

Re: Kellys Vegies Court Claim

The terms applicable to rthompson are those that were in force at the time the agreement was made. I'm not privvy to that information as I don't know when rthompson signed up with your company - however presumably it was before the middle of December if you are already bringing court action, and there were deliveries and a disputed payment ''weeks later''.

[Guest]

Re: Kellys Vegies Court Claim

Indeed, our terms were updated on numerous points. Cancellations must now be in writing and there is no notice period.

Had this customer simply logged in and read what the cancellation terms were at the time then there wouldn't have been a problem.

I always try to get in touch when a customer repeatedly fails to pay for a scheduled delivery after four consecutive failed payments, sometimes even before if possible. If there is a genuine reason I will waive the wastage fee and cut my losses provided the same issue doesn't reoccur. This is also explained when the customer logs into their account.

[EXC]

Re: Kellys Vegies Court Claim

Indeed, our terms were updated on numerous points.

Did you send him the updates and did he agree to them, let alone know about them?

Also could you point me to the clause in your contracts which allows you to vary the terms?

[Amethyst]

Re: Kellys Vegies Court Claim

no notice period? Can you expand on that pls, or just paste the relevant term. I'm not sure if you mean you've removed the obligation to buy another box, or 4 days notice of cancelling, or the 14 days after signing up for cancellation. I just want to make sure we're tallking about the same thing.