I think I've been mis-sold a business directory membership

[maplins]

Hi, I hope I'm posting this in the correct forum and I hope someone can help.

 

I'm a sole trader. In May, I had a phone call from a company called Big Green Book who act as a business directory. I didn't want to buy their membership but the salesman gave me the impression I could pay a percentage of the annual fee and get a taster of the service, with another payment in a month's time. He also said that there were many businesses, looking to acquire my product, who posted business opportunites on their website. I agreed, thinking I'd get a month's trial and a lead or two. I paid roughly three months worth as a first payment.

 

I received an email with a receipt and a PDF attachment detailing how to set up my listing. Stupidly, I did not read to the bottom of the document where it states "You have entered into a fixed term 12 month contract and thus there are no cancellations or refunds at any point." This, however, was not pointed out at the time of sale. As I said, I thought I had a month's trial.

 

It turned out the there were no opportunities for my business within that month. Indeed, the opportuities posted were nothing to do with any product I supply. I decided not to continue with the membership. A month after signing up, I received a call asking for the second payment. I refused, stating the reason above. After a bit of hesitation, the caller said I should put that in an email.

 

I sent the email requesting that they cancel my membership and refund my payment minus one month's pro-rata membership fee. The reply I received stated that they "do not operate a wait and see policy on membership fees, your agreed split payments are clearly stated on the invoice."

 

I checked the invoice and sure enough there is no mention of a trial period. However, I am adamant that this was the impression given by the salesman. We have exchanged emails with me stating that I think I have been mis-sold and them claiming I haven't.

 

It's not huge amount of money but it's the principle at stake here. I refuse to be pushed around by this company because of their salesman's method of sale. I wouldn't dream of doing that to my customers. Can anyone help?

[ashmk]

I get these types of companies call me and always tell them to stuff off, it's a con. And another is adverts on the back of doctors appointment cards.

 

Personally due to their dodgy ways of getting you to sign up I would very much doubt they would go near a court so I would be inclined to call my bank and tell them my card has been compromised and to cancel it, then just ignor them.

 

From looking on the web you can see these people are just a bunch of crooks.

 

There is another one out there about adverts on the back of doctor appointment cards, thats a con to. If you want to do that sort of thing contact the doctors directly and ask them if they want some free appointment cards and get some printed yourself.

[Bang!]

How often have you ever looked at a business directory to find what you were looking for, and was it any better than Yellow pages?

 

How many people actually look things up in Yellow pages etc, when there's more up to date numbers on the internet? It's also worth adding an internet search is likely to be more accurate than a directory's own site search.

 

Also, never swap cows for magic beans! :D:D

Edited July 11, 2012 by Bang!

[rebel11]

Hi maplins

 

I would write a Formal Letter of Complaint, mark it as such. Explain what's happened, how you've been let down (it was sold to you as a trial so has been mis-sold) and what you want them to do. Tell them if you don't get written confirmation that the contract has been cancelled and monies returned, then you will lodge a complaint with Trading Standards as well as other regulators. Send it Recorded and E-mail them.

 

Here's some info:- http://www.adviceguide.org.uk/nireland/consumer_ni/phones_tv_internet_and_computers_index_e/consumer_problems_with_contracts_packages_and_offers_e/product_or_service_has_been_mis_sold_to_you_tv_phones_and_internet.htm

 

http://www.adviceguide.org.uk/nireland/consumer_ni/phones_tv_internet_and_computers_index_e/consumer_making_a_complaint_phones_tv_internet_computers_e.htm

 

Please let us know how your problem has been resolved, it could help fellow Caggers.

[maplins]

Thanks, Rebel. I'm writing the letter now.

[maplins]

How does this sound? Salespersons' names have been redacted.

 

On 23 May 2012, I had a phone call from your salesman xxx, attempting to sell me a membership of Big Green Book. I was reluctant to purchase the membership but your salesman gave me the impression I could pay a percentage of the annual fee and get a taster of the service, with another payment in a month's time.

I feel that I have been let down by Big Green Book because as far as I was concerned, this was sold to me as a trial period. I have since found that this is not the case and this was certainly not made clear at the time of purchase.

As you will be aware, mis-selling a product occurs when a salesperson leaves out, or gives misleading or wrong information about a product in order to gain a sale. I believe that this has happened in this instance.

I request that you cancel my membership of Big Green Book and refund the payment minus one month’s membership charge on a pro-rata basis. I require written confirmation that my membership has been cancelled and the refund has been made within 14 days or I will be left with no choice but to take this matter to Trading Standards and the Office of Fair Trading.

[Dooberry]

Hi Maplins - did you have your desired outcome in the end.

 

I fear I've been had by the same people, and am checking my options for getting a refund. They talk about a 'Business Cancellation Period' in their t&cs but make no mention of what it is or how long it lasts.

[maplins]

Eventually, yes. Once trading standards and the OFT were mentioned they decided that they weren't going to pursue this. We agreed that I pay a nominal amount for the time listed in their directory and my account would be closed.

[Louhi]

I had problems with Big Green Book also - they promised my fee would be repaid if I had no appropriate enquiries - the only 'enquiry' I received was a really strange phone call from someone at BGB saying he was phoning on behalf of a company who wanted to bring me their business. When I asked for the name of the company or a contact there, he became rather vague. I asked for an email to clarify the situation but, of course, it never materialised. And when I tried to contact BGB to find out what was going on no-one replied to me. Needless to say they are not repaying my money and as I have no paperwork there is not much chance of seeing it again. What I am doing is reporting it to Action Fraud. I don't expect they'll be able to help me in any way but hope that bringing BGB to their attention might help prevent others having similar difficuoties and go some way to stopping BGB. I would urge anyone else who has had trouble with them to do the same.

Edited September 6, 2014 by Louhi