I would like to ask for feed-back from people who have been on the receiving end of "slamming", i.e. getting their electricity/telephone/etc service switched to another company without ther consent and where the rogue provider demanded money in return, for cancelling the service, when you got your service returned to your original provider. How did you resolve the matter, especially if you made a claim against them?
I think my case is quite typical. I am a home worker, I got a call from someone posing as a member of the sales team of my present provider asking me if I wanted my service plan to be switched to a cheaper one, from the same company, I said I was interested, I wanted paperwork with the plan/contract sent to me to check it, they did not send it, next thing I was with this new provider and my existing one did not know anything about the salesman who called me. Then I refused to pay their bills saying I never entered into any contract with them; then they cut my service; they did not even bother to send me their ridiculous bill for "cancelling" the service and went straight to make a court claim for the money.
I now need to make a counterclaim for what they have cost me: getting expensive alternative services, inconvenience, possible loss of work, my time and anything else I can claim.
Thanks
Twice last month I got a call at work from someone who didnt identify their namr or what company they were calling form, but claiming I was on an 'ermergency tarriff' (having moved in not so long ago) and they need to put me onto a normal tarrif. Now this could easily be mistaken by anyone, as it sounds credible enough, except we are in serviced offices and the company name on our lease is NOT the business name this 'scam' company were using when discussing with me (they referred to our trading name, which is completely different and which the Landlord/lease details do not refer to). Therefore I knew the call to be a scam. They could not tell me our company name, nor my landlords name, yet they were using my trading name and asking for Sara (my business partner) whose name we had only used a) in direct emails with our new customers and b) in some recent directories and forum entries she had done a couple of weeks ago. We believe this company had scraped the details from a directory listing and were trying to get us to sign up to their utilities company on the pretence they were our current supplier. They rang twice and it was the second time that set more alarm bells ringing as they had no record of the first call where I told them we were in serviced offeices and to take it up with the landlord. It was only after the call I realised they must be onto a scam though I never ever sign anything up on a phone call unless I have called the company and I know 100% who I am dealing with. As far as I know, they need your signature on the contract so when you receive the court paperwork just argue the case asking for a copy of the signed contract and enter what you have written above. indizine indizine
Yes, in my case they caught me completey off-guard because they guessed (or found out) my existing supplier the first time. But with this supplier being the largest in the country it would have been a pretty safe guess to make. Thanks, sourcepro
Good luck Fredmila. Any point in turning the heat on them by reporting your experience to the media (Radio 4 consumer progs, regional newspaper, Which, etc?) and local Chamber of Commerce? After all, you'll already have collected up all the info you need to protest your innocence and counter-claim for costs. With luck, you may persuade the company to pay up immediately and halt the court case. Linda CareersPartnershipUK
It would probably be worth having your day in court to defend against the CCJ. They will be hoping you do not and that they can scare you into paying. It might be worth getting your current(or now old) company who new nothing to help out here. Tell them what happened and see if they would be prepared to fight your corner also as a loyal customer who wants to stay with their services. HERE is a link the court service leaflet telling you what you need to do to defend against a claim. Credit-Manager.Net
Thanks for the feed-back so far. Yes, I am already planning to go public with the matter: I am gathering contact names with the local press, BBC, internet sites, etc. But the thing is I still do not have the judgment in my favour. This could be the equivalent of the press saying that someone is guilty of murder before the jury gives its decision. I do not know if this rogue company also starts litigation for defamation; remember Robert Maxwell, he used to sue everyone just because they could not prove what they said even though it was true. I have approached Which (of which I am a member), Trading Standards and other regulatory bodies, but they all wash their hands saying that they do not get involved in individual cases (I say even if they know the company in question to have a track record of unlawful activities). At the moment I am just trying not to make mistakes, because this company relies on their targets, which they regard as being vulnerable, to be ignorant of the legal process, contract law, consumer rights, etc and to make mistakes along the way. I have already made a couple of mistakes and I do not want to make more. The way that I am going to make my existing provider help me is to get from them all records of communications I made with them while the rogue company was preparing to steal my service. I left a long trail of communications to my existing provider, my bank (the rogue company had my bank details to set up a direct debit) and even my wife (as a witness) which prove that I always thought I had been dealing with the existing provider and that I did not even know the name of the Slamming company until they had already taken my service. I sincerely doubt that my existing provider is going to act a witness for me, even less send someone to court to give evidence, but I could ask (or subpoena them?). Any more feed-back will be appreciated. Thanks, sourcepro
Dunno whether you've already done this .... I'd try:- - setting up an appointment with the local Citizens Advice Bureau (they're volunteers but well-trained and can be excellent). Sadly, it can be difficult to get an early appointment - investigating whether there are any local solicitors with particular expertise in cases like this who offer a free initial session. It would probably do your confidence a lot of good to receive advice on the particular issues you need to watch for; and an assessment of the strength of your case. On the evidence you've given, the other party hasn't a leg to stand on - but it would be nice to have a professional confirm that for you. I assume the "regulatory bodies" you've mentioned include the equivalent of OFCOM, etc? Good luck - I do sympathise. Linda CareersPartnershipUK |
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