Online Marketing Services

[okgolf]

Hello,

Previously I have viewed posts regarding the above and associated companies. I have an issue with them and could do with some advice please.
Tom

[jaguarsuk]

You're going to have to give a lot more detail Tom

[Amethyst]

Indeed. Is this the Lee Martin company/set of companies ? Internet Media Experts / Staff Benefits etc.

Advertising on a screen in Doctors surgerys or an entry on the 'staff benefits' website for discounts to NHS staff ?

[okgolf]

It is the same Lee Martin, his wife and their lovely friends at CDR (Commercial Debt Recovery). We have been issued with a Statutory Demand by CDR relating to staffbenefits.co.uk advertising in our local NHS hospital.

I have contacted both OMS (Online Marketing Services) and CDR disputing the validity of the invoice raised as we were clearly told it was a 2 year fixed term contract by the Regional Manager when we signed up in May 2016. However when we contacted them in August 2016 to confirm we wanted a letter from them confirming the fixed term contract ended in May 2018 we were stonewalled and the company Internet Media Experts UK Ltd had filed for liquidation several weeks later.

They are relying upon an assignment of the contract to another company also run by Lee Martin, Online Marketing Services. He was appointed a Director of OMS in September 2016, whilst still a Director of Internet Media Experts UK Ltd. He is supposed to have transferred all contracts etc to the new company for a nominal sum of £1 on 17 October 2016 and then resigned as Director of OMS 3 days later on 20 October 2017.

They further rely on a notification letter sent out 17 October 2016 which states that on 30 September 2016 they had updated the terms and conditions of the contract allowing them to assign the contract to any third party and that we would not be released from any contractual obligations.

We have informed them that we never agreed to any assignment of the contract and that we dispute the invoice raised as we were clearly misled by the Regional Manager who sold us a fixed term advertising contract.

I hope this helps

Tom

[Amethyst]

Stat Demand, that's just nasty.

Okay, when were you served with the Stat Demand ? And have you filed to have it set aside as a disputed debt ?

Are you a Limited company ?

What's the approximate amount ? Presumably you paid the two year fixed term initially and the 'debt' is the auto rollover for the next two years ?

Do you have a copy of the original contract ?

Have you checked with your local NHS trust that they actually use the 'staffbenefits.co.uk' service ?

[okgolf]

Hi Please see below a letter I received from Commercial Debt Recovery this afternoon.

I have copied the relevant text removing all our personal details.

Thank you for your letter dated 6 September 2018; I can confirm we are in receipt.

We hereby notify you that we have now instructed our client to issue proceedings through the County Court in the recovery of the sum £1333.40 and we have now withdrawn the Statutory Demand issued against xxxxxxxx on 16 August 2018.
It has been noted that you will vigorously defend proceedings and we are confident that our client would be successful in recovering the sum in Court due to the Agreement your Company has signed being a legally binding enforceable business to business Agreement which your Company has failed to terminate in the correct manner along with the Assignment between Internet Media Experts (UK) Ltd and Online Marketing Services Ltd being legitimate.
The Agreement is not a 24 month only Agreement and clearly states 1cm above xxxxxxxxxxxx signature that it is a renewable Agreement. xxxxxxxxxxxxxxx has signed to say she fully read and understood the Agreement and received a copy of the Agreement terms at the time of signing which states the correct method of termination.
We advise you to seek legal advice on Assignments and Renewable Agreements before you set aside the claim as this may help you understand the Agreement entered into by your Company and the Assignment.
Failure to respond to a claim for money will more than likely result in a CCJ against your Company name which may entitle our client to apply for a warrant for the control of goods, therefore, it is very important you set aside the claim when it arrives in the post. Both parties will then be invited to court and the matter with be assessed by the Court.
Setting aside the claim may incur you set aside costs of around £255.00

[Amethyst]

Ok, at least they have some intelligence and know the stat demand would be set aside, and if you hadn't actually filed your set aside it's a good job they have done that ( as you only have 18 days from service to do so and we're at day 22 ) I would check with the high court that the stat demand has been withdrawn though.

A bit worrying they say this though

We advise you to seek legal advice on Assignments and Renewable Agreements before you set aside the claim as this may help you understand the Agreement entered into by your Company and the Assignment.

I think they mean Defend but might be worth checking with the court that the SD has actually been withdrawn.

Failure to respond to a claim for money will more than likely result in a CCJ against your Company name which may entitle our client to apply for a warrant for the control of goods, therefore, it is very important you set aside the claim when it arrives in the post. Both parties will then be invited to court and the matter with be assessed by the Court.
Setting aside the claim may incur you set aside costs of around £255.00

Again, think he means DEFEND ... setting aside at court would be after judgment and would be an application fee of £255. There's no court issue fee of £255 - if the claim is £3k - £5k it could be £205 court fee plus £50 legal... but I think he's just a bit of a plank tbh. Still I'd double check the SD has been withdrawn before, basically, waiting for the court claim to be issued.

Have you got a copy of the agreement?
How much is he claiming ?

CDR - http://commercialdebtrecovery.eu/testimonials.html
still using the skip company phone number then.

[okgolf]

They are claiming £1334.40

I will get the contract and copy upload asap

The stat demand does not give any court details on it, where would I be able to find out where it is listed?

[Amethyst]

Are you a Ltd Company ?

[okgolf]

Yes we are Ltd

[ploddertom]

Oh, this looks very serious, I hope you did it.

Take the time to look at the dates, this was 2.5 years ago

[ostell]

This is a UK forum so an Australian company is some distance away

[ostell]

Did you read post #12?

[ULA]

Hi garrylazaret you may be best starting you own new thread rather than piggy-back onto an old thread.

[atticus]

And while reading this thread, I stumbled upon some spam, which I have reported.