One quick question, is it worth sending them an official letter of complaint?

Many thanks

One quick question, is it worth sending them an official letter of complaint?

 

Many thanks

Wouldn't bother.....let them issue an invoice or better still a court claim.

OK thank you

By the way they write you can easily work out that they are illiterate bullies.

No even a 5 year old kid would write a formal letter in such format.

Sounds like a teenager organising a pub crawl.

Ignore and hope they take you to court, the judge would probably crucify them in Trafalgar square

By the way they write you can easily work out that they are illiterate bullies.

No even a 5 year old kid would write a formal letter in such format.

Sounds like a teenager organising a pub crawl.

Ignore and hope they take you to court, the judge would probably crucify them in Trafalgar square

Hilarious that's just made my morning.

I've had more emails from them in the last 24 hours than I ever got over the 3 months they were supposed to acting on our behalf.

Hi,

This thread has made me laugh. The sheer cheek of this guy is a wonder-NOT!

If he feels so badly about it, improve the service and stop crying when someone leaves an honest review. We should have the company name in the title so his web robots will pick up this thread and show just how wrong he is

We also have a review section on CAG where honest reviews are welcome.

We could also copy over some of the negative reviews from other sites and post them here. I'm sure this guy would be happy to see that we are an equal opportunities site.

Pers id block and bounce the email ad now

Let's see if the can write

I have put my out of office on until next week but will work out how to block their emails. I wonder if they haven't emailed yet because they are writing to us instead?

I will add a review on here too

you should have used the response of Arkell v Pressdram.

Lets face it, they werent going to sue you as the amount they are threatening you with is more than ithe limit for the small claim track at county Court and they would then have to pay all of your costs when they lost, not just the cost of a day out. That could have been in the hundreds of thousands if you employed a most expensive barrister.

Apologinsing for their error is stupid enough but not as stupid as pointing it out to them,

you should have let them do their worst and then once it was down on a court form point out the elephant in the room.

By playing along you have made things worse for yourselves.

these companies rely on smoke and mirrors,

have no authority to do anything in the first place

and as you now know rely on false comments to stay in business.

The next poor sod wont appreciate a pack of lies as a review, regardless of why it was written.

Many thanks for your reply that's made me feel a lot better

Stand up to them and they will just crawl away as they are playing poker with a busted flush. Once they know you know this their game is up.

Anyways, unfair contract, planty of case law on thsi going back more than a century. Also a comment left is subjective so cnat be part of a contract, you could argue it is a wrok of art and not a comment about them at all

So nearly a month on from this I get an email this morning from SMD (I blocked them all so it came from an unknown employee) saying

Sue and Jay ,

 

It is Andy here , tried calling telephone but unable to leave a voicemail message , off the record can you call me please Regards this situation that has been going on with Google reviews and an Invoice you have received from my Director Mr Hassall , it will be escalated by himself .

 

I stated that I will call you , so if you want to call me ASAP I will try and stop this , my Director will Action a Statutory Demand , you can call me on 07583 716397.

 

Regards

Turns out they have emailed me an invoice for £12,000 on the 10th September (found it in the SPAM folder) and its due today.

Do I just carry on ignoring them? Can they apply to bankrupt us or close (‘wind up’) our company if we do not respond to the statutory demand within 21 days.

bounce if back.

ignore

they cant serve anything by email.

If they did issue a SD, this can be set aside. If they were serious, they would have issued a proper court claim. Any term can be judged unfair by a court and this one certainly is. As for issuing an SD for 12,000, NAH!

Unfortunately, if they do issue an SD, then you have to go to court to get it set aside.

 

Unfortunately, if they do issue an SD, then you have to go to court to get it set aside.

At which point their dodgy T & C's can be shown up as very silly indeed.

Many thanks for your replies, I'm going to ignore him and if they do issue an SD I will have to deal with that then.

I'd hoped he were just trying it on but it would seem he is like a dog with a bone

Private parking co's do a lot of this but when it gets to the court door they run away. They may be relying on your inertia to hope to sneak in a win but once you show that you are going to defend in full they will have to decide whetehr they want to chuck a lot of money at this and hope that you make them an offer or they will have to drop it. The8 court fee will be £600 so not a decision they should take lightly. Even if they drop it after issue you can get your costs as it wont be small claims

Just taken a call from our Accountants, they have been handed a SD for our Company from SMD for £15K by a bailiff company.

The man handed it to our accountant laughing saying he doesn't think SMD will get the money, and it was addressed to the wrong address!!

Just waiting for it to come through the post to us!

It may not come through the post...A Statutory Demand should, whenever possible, be personally served on an individual, usually by a process server who will visit your home, or place of business, and hand the Statutory Demand to you directly. Sometimes creditors will send a Statutory Demand through the post and I have even seen them faxed or emailed. Whilst these are unconventional methods of service, it is not safe to ignore them and a Statutory Demand, however received, should be acted upon.

Insolvency law does not specifically cover an application by a company to set aside a statutory demand. However, any person has the right to defend legal proceedings, so a company can apply to stop the process.

If the company has a valid defence to the demand, it can apply to the court to stop the creditor presenting a winding-up petition. The company should seek legal advice before applying to the court.

If the company succeeds in its application to stop the creditor presenting a winding-up petition, the creditor will have to pay the hearing costs. If the application fails, the company will have to pay them

It was hand delivered to our Accountant as they are our Companies registered address.

wasn't a bailiff

was a process server company

If your company has a valid defence to the demand, you can apply to the court to stop the creditor presenting a winding-up petition....dont just do nothing and wait for another in the post.

We have now received the SD from SMD Credit Solutions Ltd in which they claim we owe a total sum of £15,245.15 details as follows:-

£12,000 Principle balance (based on 10 x £1000 reg fee for writing a negative review as per their dodgy t&c's + VAT)

£25.15 Statutory interest

£100 Statutory Compensation

£2160 Costs (???????)

£960 Process Serving Costs (this makes me laugh because a quick google shows they cost about £100)

£15,245.15 Total

I've taken legal advice (free 1/2 hour) and was told that we do have a case to defend because not only is the condition in their t&c's unfair but better still unenforceable. Which is basically what I was told here.

My question is do I get SD solicitors to reply to their SD requesting they withdraw it on my behalf and obviously this would cost or can I do this myself? If they refuse then I would have to go on to pay £280 to apply to the court for an injunction but I would have to pay that if they refuse the Solicitors too.

My gut tells me these morons are trying it on however the downside is they could potentially wind up our Company.

Many TIA

Threads merged an moved to legals...please keep to one thread

Dx

You will have to submit an injunction...get it into court