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I seem to be caught up in a very unsavory way to conduct business by a company called 4Com. I managed to cancel everything before the telephones were connected to the Fixed Lines. In accordance with Ofcom that should have rendered the contract as canceled. This happened in 2019. We were already in a three-year contract with our existing supplier (I had informed the sales rep) who was from Harvey Communications. I also said we would not be interested in Loans or Leases etc., There were witnesses. I was informed that the monthly cost for the phones would be cheaper than my present supplier £70.00 per month. I was called out of the office for half an hour, when I returned he had completed all the paperwork and wanted me to sign there and then. I said I could not possibly do that as I was not present when his paperwork was being completed. he assured me it was all in order, he had to leave as he was late for his next appointment. He asked to speak to his boss then returned offering a £500 sweetener to sign. He had marked all the places that needed my signature. The print was very small there was no way I would have been able to read it through.
The telephones arrived nearly within a week, Phase One would be installed on the 14/5/19 The Engineer asked me to sign his paperwork and he left. Phase 2 taking over the Fixed Lines. by the 23rd it was obvious that 4 Com was not aware we were in a 3-year contract and tried to insist our existing supplier release the lines. Our existing supplier wrote to me to say I would be in breach of my contract and there was a fee of over £2,000.00. at the same time, I received a letter from BNP Paribas discussing a Rental agreement with an enclosed Blank Direct Debit form with my bank details on which had been used to gain access to my bank account for a rental Agreement £250.00 per month. I checked with my Bank and £480.0 had been taken out of the companies bank account without my knowledge or permission. under the Direct Debit guarantee scheme, the bank returned the money. I telephoned BNP Paribas and explained what had happened, and requested 4Com to send all the paperwork that I was asked to sign without reading. To my horror, I found the Universal Rental Agreement Form (not registered by the Consumer Credit Act 1974.) and the blank 1/2 A4 size slip of paper used as a Direct Debit which I was lead to believe would be for £70.00 per month. The Direct debit that I signed has a pen mark by my signature. this has been photocopied and used by BNP Paribas who ented a reference number and Service number. I telephoned my bank to supply me with copy details of the Direct Debit Mandate form from BNP Paribas to the Bank. They could not find one.
On another look through the paperwork, I discovered an A4 Page that read Confirmation of delivery and Amendment to Agreement (very innocuous ) Until you actually read through it. reads to be signed by the Hirer after taking the delivery of the equipment. For hire with BNP Paribas leasing Solutions Limited. Supplier 4Com Capital Limited. Serial Number.and further tightening of a contractual agreement which is not something you would expect to find within the paperwork from the Engineer which is very everyday and ordinary, the engineer said nothing. there is a date on the form not in my handwriting which is the 14.5.19 the date on the Universal Rental Agreement received on or about the 28th May was accepted for that loan on the 15/5/20 The day the Engineers report was faxed to a number right at the bottom of the page which is 0333 0143007. Outside the margins.
BNP Paribas sent credit notes against all Invoices raised. The telephones had been returned earlier in April 2019. March 2020 I receive a letter from BNP Paribas Solicitors to say they are taking me to Court for breach of contract to the tune, over £20,000.00. We have one small office. There were more phones than the staff. Very much oversold.
I am defending the Case. I am not using a solicitor. I have sent my defense to their solicitors. who has come back to say? They are going to apply to have my defense struck off. I will need to reply to them by September 10th. The Court has fast-tracked the Claim. and my paperwork must be in by 21st September.
Because the companies involved are set up as a 3rd party seller there are very little regulated bodies that can help. and BNP Paribas are also Unregulated sellers. there is no help there.
The Solicitor acts for BNP Paribas has said that 4Com were not suppliers or agents of BNP Paribas. how then did they receive a photocopy of the signed but free of details Direct debit to use..
Under the Fraud Act of 2006. Fraud by false misrepresentation,
a person who is guilty of this section if he has,
(a) dishonestly makes a false representation and
(b) intends by making the representaion-
(c) to make a gain for himself or others.
(d) to cause loss to another or to expose another to the risk of loss.
(2) A representation is false if-
(a) it is untrue or misleading and
(b)the person making it knows that it is, or might be untrue or misleading
A representation may be express or implied
(5) for the purpose of this section, a representation may be regarded as made if it (or anything implying it) is submitted in any form to any system or device designed to receive, convey or respond to communications (with or without human intervention)
I do apologize for such a lengthy case, but Court on the 21st this month or a striking out of my Defence by the 10th has lead me to write as much detail as I can to gain time.
Many thanks.
The telephones arrived nearly within a week, Phase One would be installed on the 14/5/19 The Engineer asked me to sign his paperwork and he left. Phase 2 taking over the Fixed Lines. by the 23rd it was obvious that 4 Com was not aware we were in a 3-year contract and tried to insist our existing supplier release the lines. Our existing supplier wrote to me to say I would be in breach of my contract and there was a fee of over £2,000.00. at the same time, I received a letter from BNP Paribas discussing a Rental agreement with an enclosed Blank Direct Debit form with my bank details on which had been used to gain access to my bank account for a rental Agreement £250.00 per month. I checked with my Bank and £480.0 had been taken out of the companies bank account without my knowledge or permission. under the Direct Debit guarantee scheme, the bank returned the money. I telephoned BNP Paribas and explained what had happened, and requested 4Com to send all the paperwork that I was asked to sign without reading. To my horror, I found the Universal Rental Agreement Form (not registered by the Consumer Credit Act 1974.) and the blank 1/2 A4 size slip of paper used as a Direct Debit which I was lead to believe would be for £70.00 per month. The Direct debit that I signed has a pen mark by my signature. this has been photocopied and used by BNP Paribas who ented a reference number and Service number. I telephoned my bank to supply me with copy details of the Direct Debit Mandate form from BNP Paribas to the Bank. They could not find one.
On another look through the paperwork, I discovered an A4 Page that read Confirmation of delivery and Amendment to Agreement (very innocuous ) Until you actually read through it. reads to be signed by the Hirer after taking the delivery of the equipment. For hire with BNP Paribas leasing Solutions Limited. Supplier 4Com Capital Limited. Serial Number.and further tightening of a contractual agreement which is not something you would expect to find within the paperwork from the Engineer which is very everyday and ordinary, the engineer said nothing. there is a date on the form not in my handwriting which is the 14.5.19 the date on the Universal Rental Agreement received on or about the 28th May was accepted for that loan on the 15/5/20 The day the Engineers report was faxed to a number right at the bottom of the page which is 0333 0143007. Outside the margins.
BNP Paribas sent credit notes against all Invoices raised. The telephones had been returned earlier in April 2019. March 2020 I receive a letter from BNP Paribas Solicitors to say they are taking me to Court for breach of contract to the tune, over £20,000.00. We have one small office. There were more phones than the staff. Very much oversold.
I am defending the Case. I am not using a solicitor. I have sent my defense to their solicitors. who has come back to say? They are going to apply to have my defense struck off. I will need to reply to them by September 10th. The Court has fast-tracked the Claim. and my paperwork must be in by 21st September.
Because the companies involved are set up as a 3rd party seller there are very little regulated bodies that can help. and BNP Paribas are also Unregulated sellers. there is no help there.
The Solicitor acts for BNP Paribas has said that 4Com were not suppliers or agents of BNP Paribas. how then did they receive a photocopy of the signed but free of details Direct debit to use..
Under the Fraud Act of 2006. Fraud by false misrepresentation,
a person who is guilty of this section if he has,
(a) dishonestly makes a false representation and
(b) intends by making the representaion-
(c) to make a gain for himself or others.
(d) to cause loss to another or to expose another to the risk of loss.
(2) A representation is false if-
(a) it is untrue or misleading and
(b)the person making it knows that it is, or might be untrue or misleading
A representation may be express or implied
(5) for the purpose of this section, a representation may be regarded as made if it (or anything implying it) is submitted in any form to any system or device designed to receive, convey or respond to communications (with or without human intervention)
I do apologize for such a lengthy case, but Court on the 21st this month or a striking out of my Defence by the 10th has lead me to write as much detail as I can to gain time.
Many thanks.
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