Threatened bankruptcy?

[spangles10]

Hi, new to this site and found it by Googleing Tenon recovery.

 

Anyway this is my predicament.

I own a limited company, last year (May 2007) a sales rep from Yell.com arrived at my business address asking if I would be interested in advertising with them. Having previously advertised with Yell I agreed but only via the web and not in the directories. The sales rep came to this address twice, he wrote my bank details down from the cheque book I gave them to set up a direct debit mandate. Over the next 6 months I recieved 3 telephone calls from Yell requesting my address and bank details, I told them that my address was clearly written on the Yell advert and they could contact me through that, email me too, again I gave them my bank details, not realising that no money was being taken out of my account, by the third telephone call requesting the same information yet again, I suggested that they give me their bank details and I would set up a direct debit via my internet bank account. I heard nothing from them. Within 3 days of this conversation I recieved a letter from a company called 'Westcot' threatening to take me to court for non payment to Yell. I wrote to them explaining that the situation had been down to Yell and they could by all means have the money and i was more than willing to set up a direct debit to pay the money. They refused this and said I would be taken to Hull county court, no problems I said I'll see you there I replied back, I then went through what can only be called mental torture by this company by continuous phones calls and then hanging up with messages to call back a premium rate phone number, I never did but the calls would be from 9 in the morning till 10 at night. Out of a total £2600 I decided to make an offer of paying them a lump sum of £600 with the remainder being paid over a 10 month period, finally they saw sense and agreed to this, it also became apparent that Yell had be sending corospondense about this matter to a previous address of mine that I last resided in 2002, even though they were advertising my new address!

Out of the blue this year a sales rep from Yell called asking if I'd be interested in advertising again, I said no and explained that because of all the hassle caused by Yell the previous year I wasn't interested. She appologised and said she would speak to customer services. She called back 5 minutes later saying Yell was very sorry and they would like to make me an offer. On condition that I pay Yell £1000 straight away and send them 5 post dated cheques, they would get 'Westcott' of my back and would like to offer me a special deal, this being my company being in all the Yell.com areas of London and Essex plus being on 118 118, the total cost being £1900.00 well it seemed like a good deal so I agreed. I faxed them my bank details, lo and behold they've imputted them wrong and cannot get payments, so again I give them via telephone. even though I sent them a cheque for a £1000 along with 5 post dated cheques these they lost but did manage to cash the £1000 cheque. To this I told them I would send them a cheque each month for £200 until the previous account was paid off, which is what I have done, so currently I owe them £600.00,

I'm not sure why but Yell was not happy with this. And withdrew all my current advertising, so I cancelled the direct debit mandate and wrote to them explaining the situation, but to date I have not recieved a reply from Yell.

I have however started to recieve letters from 'Tenon Recovery' threatening me with bankruptcy proceedings, I have written to them, enclosing a copy of the letter I sent to Yell customer services, they too have failed to respond or answer any points I made in the letter, but have just sent yet another letter threatening action and demanding £2137.54 of this I am quite happy to pay £600, but as they are not advertising my business do not see quite why I should pay them. Am within my rights to withhold payment of this £1537.54?

[noomill060]

What have you actually had for your money?

[spangles10]

What have you actually had for your money?

 

As far as I am aware a maximum of 2 months advertising.

[PGH7447]

I would contact trading standards and let them deal with it, you are not the only cagger to have had a hard time from yell

[ODC]

Make a formal complaint to Yell as they are ultimately responsible for the actions of any DCA that they get to chase you.

[spangles10]

This morning I have received a letter from Tenon, saying that they intend to visit on the 6th of October to collect payment for £2137.54, can this company keep harassing me this way? Thanks

[42man]

Send Tenon this by recorded delivery....OR if you have a friendly local copper, get him / her to call them and ask what time they will be arriving as the police would like to be in attendance...

 

Dear xxxx

 

Account Ref xxxx

 

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

 

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

Yours faithfully/sincerely

[Boro]

Threats designed to scare you from tenon, its not gone to court, the are not bailiffs so have no power, may as well be me turning up on your doorstep as asking for the money!, a lot of the time they dont turn up either, its the threat of a visit that they are relying on to making you pay them, official complaint time i think as has been said already

[ODC]

If they do turn up tell them to go away in words of your own choosing. Should they fail to comply you should telephone the Police and report a Breach of the Peace. You should also note the registration number of any vehicle they may be in and if you have time photograph the doorstepper.

 

These people have absolutely NO LEGAL POWERS whatsoever and you should treat them with the same attitude that you would to someone coming to your house to CON you

[spangles10]

Thanks guys, I think Yell are having a laugh, today they telephonend asking me if I would like to re-advertise with them, I said to the rep you have got to be kidding, he asked what the problem was so I told him the story. He said that my account had been terminated. When I asked why, he said he didn't know, but could not understand what the fuss was all about as it showed on his computer that I have been paying my account as agreed. He said he would have a word with customer services and sort the problem out. I have had over a year of this nonsense / harassment with telephone calls and letters from 2 different companies employed by Yell, with the latest being threatend with bankruptcy.

He has taken it upon himself to make an appointment with me in the hope I will take out further advertising, I have told him that I have no intention of re-advertising with Yell again, but would like a letter of apology from Yell.

Would I be within my rights to withhold part of the £600 I currently owe, due to them wasteing a hell of a lot of my time and money by writing untold letters and costs involved with postage etc?