Charlie58

[EXC]

Details to follow.

[EXC]

Re: Charlie58

A few questions to kick off with:

1) When did they first cold call you?
2) When did you sign the e-document?
3) When did you pay the £495?

[Charlie58]

Re: Charlie58

The cold call was on the 31.1.2014 from which I was told I needed to sign the contract straight away. I was asked if I had an iPad so that I could go onto the Internet. They asked for my email address and wanted me to confirm I had received the emailed information from then. This email contained a link over to a site that contained the e-sign contract. They told me they needed to take a refundable fee from me and did I have a credit card to use for the transaction? I was not to pay it from my current account and only use a credit card which would be refunded later.....? They took my details and the card was debited straight away. They waited for the transaction to be accepted and go through. I was told to sign the contract there and then and send it straight back to them. Which I did.

I then hen did a check on the Internet and looked up the details of the company, of which I knew nothing. The following day I cancelled my agreement with them stating I had a 14 day cooling off period. They imediately called me to ask why? I said I had changed my mind and a rude man said I was stupid to throw away all that money I was due to be paid. They then harassed me with many calls, daily. I was on holiday during this time .

I eventually answered a call and said I didn't want their services and to refund my account. Then the man offered me a new percentage of 15% and that my account with them would be fast tracked by them. I asked why they charged a fee when other companies didn't, it was because many clients had taken the money and refused to pay them for the work done. So now a fee was taken first to stop them from loss of payment on successful claims. ??? I asked again if the charge was returned if unsuccessful, he confirmed it would be. So I believed I had nothing to loose being given this reassurance about a refund.

So so the cold call, credit payment and contract exchange all happened within that first telephone call.

[EXC]

Re: Charlie58

Ok thanks.

I think there are 2 courses of action you should take, the first is to make a section 75 claim to your credit card provider for a refund of the £495 upfront fee and to make a formal complaint to Rock Law so that if the section 75 claim doesn't work, you can take your complaint to the Legal Ombudsman.

You should make both the section 75 claim and the formal complaint on 2 grounds, 1) that the contract was not properly struck as it was concluded during the initial sales call and 2) that in any event you cancelled it within the 14 day cooling off period.

On the first ground the Claims Management Regulation Marketing & Advertising Guidance Notes state (attached at page 6) that:

You will be unable to contract with a potential client in an initial telesales call or within the call where the contract is provided

On the second ground and in any event you cancelled the alleged contract within the 14 day cooling off period and the Conduct of Authorised Persons Rules state (attached at page 7) that:

15. A business, unless subject to Regulation (8) of the Damages-Based Agreements Regulations
2013, must allow a ‘cooling off’ period of at least 14 days after signing any agreement, during
which period the client may cancel the agreement and be entitled to a refund of any payments
made to the business or in connection with any insurance policy, loan or other agreement taken
out in relation to the agreement.

For information on section 75 claims see here http://www.theukcardsassociation.org...%29%281%29.pdf

[Charlie58]

Re: Charlie58

Thank you ......I will get that done, they have not replied to my most recent emails either. I must becoming a difficult client for them ...... I requested that they send me a full copy of the file and details of the progress of their activities. Nothing!!
So I conclude these other actions are necessary, as your previous posts by with other members highlights with their problems doing business with this firm.

[EXC]

Re: Charlie58

Ok, don't forget to include the documents and paragraphs I quoted from them in the section 75 claim.

Post up drafts of both the sec 75 claim and complaint and I'll take a look for you.