Archive for December, 2012

In 2007,  Mr Alec Simmons of Anywherecouriers.co.uk – aka – Anywhere Ltd,   added 3 listings on the eventdomain website – we gave these to him for free for a 12 month period only.   His argument is that because he saw a graphic on ED that said “Add your company for FREE”  – that this meant free for life – well we never said that, never promised that on the website or in any comms, and thus dispute offering a Free for life service.   We didn’t charge him for the temporary free offer, but are charging him for the time after that 1 year period – something he doesn’t want to pay up on.

What’s odd is that he logged in to add another listing on the same day eg:  11 July 07 , naturally, he was sent evidence of this that shows we 100% honoured it, so he was well aware of the end of the free temporary offer – so why didn’t he cancel back then?  I think we know the real intent behind that one!

Just to confirm: our printed evidence was forwarded to  Trading Standards where they confirmed no illegal practises at all and later (against another debtor) we won our case in the County Court, obtaining several Court Orders under our full contractual Terms and Conditions.

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“I have managed to speak to Mr Lamptey but he has asked me to respond to you on this matter – we cannot add to what Derbyshire has already told you.

With respect, I believe you are well aware of what you are offering to businesses”

Sue Wiseman

Trading Standards Enforcement Officer
Environment Department
London Borough of Barking and Dagenham
Roycraft House
15 Linton Road, Barking IG11 8HE

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Mr Simmons was forwarded the dates of expiry for his temporary free option, this with his admittance of sign-up (in his own blog!), the emails from us he kindly put in his blog – further admitting knowledge of his account with us, and proof of service delivery by us.

From his point of view, had he not wanted to pay us, should have contacted us requesting removal if he didn’t want to pay – he didn’t take that option as he wanted to remain on the site,  infact we had zero comms from him, he showed no dissatisfaction (up until the point where we chased him for the debt), – yet kept using us year on year, he didn’t cancel at the appropriate time and that’s not our fault.

He had undeniable knowledge of his 3 listings and admits he registered, to us (in his blog) – agreeing to several online forms and clear Terms & Conditions, which state Eventdomain is a subscription service at £60 p.a, and that we can remove special offers at any time, which applies once a special offer ends, then,it automatically becomes a paid service – something he doesn’t wish to pay us for.

We noticed his account remained unpaid in mid – 2008ish, so before we took heavier action, we tested his responsiveness with a sales email (sent in 2011) for one of our other services. Naturally, came no reply, and our system logged the emails as ‘sent’ so we still waited for a reply, but none came.   Since we’d already honoured 3 listings at 12 months each for free and he’d not cancelled our services,  we now wanted payment for extra years supplied, as we are a yearly paid service, so due to zero cancellation from him, we engaged an agency to recover 3 years fees, it was either that or haul him into Court, although we went with the softer option to get his account settled.

We engaged a debt agency to act on our behalf to gently request payment since he blocked our own comms by changing/cancelling his email address which we had on file, and have evidence in sheer abundance of the bounce backs due to his email address failing. The debt agency controlled all comms on our behalf, they said, in total he recieved 21 requests for payment, and we feel enough contacting was done from a legal standpoint.

We believe his intent was to keep using our service without paying us, when he should have done the right thing and officially requested removal in 08, but he failed to do so – something any business owner should know, unless he doesn’t know how to send an email, except he does as he obviously likes swearing at us via email….

We want to clear one thing up – he accused us of being ‘conmen’ and scammers  – well, Trading Standards dont agree and proof is here:

From: Smith,Paul (Cultural & Community Services)

Sent: Wednesday, February 22, 2012 7:51 AM

To: Eventdomain

Subject: RE: Eventdomain

Chris,

I can confirm that in many cases contracts do not have to be in writing and my query to you does not stem from an investigation into criminal activity.

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(This is also backed up  by Barking TS Enforcement Officer –  Sue Wiseman)

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Eventdomain IS clean as a whistle and not breaking any laws. But anyway we wish to let people know what this Alec guy is like – and he’s a nasty piece of work, here’s an example of what he did:

Because he views the use of a debt agent as harrassment (No way did they or Eventdomain harrass him at any stage). he decides to take revenge on us, but his lack of common sense when he saw red, just got him in trouble.   We received the following phone calls forwarded from our business line:

 

2nd Feb 2012

Call 1 at 10:22 am – Silent call – this call was ignored by myself as was deemed Mr Simmons went a tad crazy and we felt the call was an intimidation ploy to scare me, and later proved to be clear intimidation.

Call 2 at 22:00 pm – again ignored as he could of phoned during the day, but this was obviously tactics by him so we ignored this too.

Call 3 at 22:31 pm – we ignored this one too.

Call 4 at 22:58 to my mobile (Mr Simmonds Number saved: 07866 556122) – this guy is really nuts doing this – what does he think we will do next?   It didn’t occur to him that he was actually breaking the law., even though he tried to make out to the Police he was only trying to speak about the debt amicably – yeah, right Alec, ofcourse you were mate – thats why you threatened me in your blog.

Feb 3rd at 4:17 am – the first threat:

“Ive been in business for years Chris!, I’ve got hundreds of drivers……. and if I get one more letter from CDS, then you’ll find out what harrassment means”

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Ahhh, so he’ll use his drivers to intimidate me and track me down etc – well that’s illegal for starters, its called ‘Aiding And Abetting, so is everyone getting to see what he’s like, he’s not interested in talking amicably about settling his debt and uses scare tactics instead.

Next he sends me an email telling me to “Now F-off before you get me annoyed” – – again, breaking the law, which falls under the Malicious Communications Act 1988.    After consulting my Solicitor, she advised a case for Malicious calls and malicious comms.   At this point we reported Mr Simmons to the Police, where a Criminal Record was issued (Crime/Incident Number:  5102601/12),  and the Police Officer officially told him to back off, witnessed by a Police Sergeant, and the Victims Card/letter forwarded to myself.   

In a nutshell – Mr Simmons admitted to registration to the Eventdomain website, failed to cancel contract at the appropriate time, got caught and doesn’t like it.  He then commits a criminal offence, ignores a Police Officer when told to back off, then further adds to the original offence by threats of intimidation, about 40 mins after being told to not further contact me.   He denies all this ofcourse, but it makes no difference as we have the proof of his Criminal record, the abusive email, his threats and the Met Police documents.

Eventdomain has consulted with Solicitors who clearly informed us of our legal options about sueing Mr Simmons for harrassment and we will pursue this case.