Contacted by DCA on due date of invoice

[zeitgeist7890]

Will try no to get too bogged down in details:

my other half signed a contract with a company to build a website for him.

Invoice amount paid in full upfront.

On 20.09.19 he received an invoice by email for a pay per click campaign (PPCC) service with a due date of 30/09/2019.

At time of signing project contract, a verbal agreement was made that payment for a PPCC would not be due until work on the website was completed and launched; on grounds that a campaign would not start until following this.
FYI - Website is not completed/launched (there have been various issues with the work so far).

 

on 22.09.19 he received the following email:

"Unfortunately we've had to suspend your website due to an outstanding amount due on your account £300+VAT.

Please settle this amount as soon as possible to avoid further action and we can get your website back up online!"

(mind you, website is not online, so cannot be suspended)

 

Same day, minutes later received the next email:

"We regret to inform you that due to a badly resulting credit check, we have moved forward the due date of the following invoice!
If the invoice is not paid by the due date, we will commence further action and your account will be passed on to the debt collection team!
Attached to this email is the invoice!"
- Invoice attached states a new due date of 23.09.19 and states "payment terms: Immediate"

Aside from the clear overuse of exclamation marks by this excited email composer, my queries are
1. is performing a credit check without expressed consent in this setting lawful?
2. is bringing forward an invoice due date lawful? 

 

Next, on 25.09.19 received an email stating that payment for PPCC is now required by 1st October 2019. (I can't make sense of it?)

Today, received an email from a DCA stating they've been instructed to collect the sum of £487.02 within 7 days.
(Interesting titled 'Outstanding amount' - not referred to as debt).

We are both truly baffled about how this has come to pass.

The DCA is a registered company - I'm somewhat surprised by the email contact as would expect to receive a postal letter in such circumstances.

The email does contain a link to payment which directs to what appears to be a legit website for the DCA. 

In the meantime numerous phone calls to husband between hours of 8am-9pm by the website company.

Husband has not picked up due to anxiety.

 

Is this grounds for harassment?

An email was sent to them on 26.09.19 questioning their behaviour to date and requesting that all communication going forward please be in writing. 

There has never been any refusal to pay the invoice

- I mean, from my understanding technically there is one hour still on the clock to make payment against the original invoice due dated 30.09.19 before it can be considered outstanding or a debt.

Any advice or guidance is greatly appreciated.

Thank you in advance.

[dx100uk]

dca's are powerless anyway.

 

when did he agree the contract to build

[zeitgeist7890]

contract was signed 06.08.19

[dx100uk]

I wonder where he sits with regard to cancelling the whole thing and demanding a full refund under online stuff and GDPR?

 

you've not? even seen or tested the site yet?

GDPR gives 14 days for online 'purchases' to refuse and refund without a reason in 14days from getting the item.

and 30 days if its 'faulty' .

 

you say this PPCC was verbal, was the call recorded?? is it in their T&C's?

sounds like you are being ripped off to me here and you need to dump them..

[zeitgeist7890]

Thanks dx for taking the time to reply.
PPCC was agreed as part of the service package as an add-on to the website. Time frame for payment for PPC is what was verbally agreed upon. Unfortunately this conversation was not recorded as he was trusting of the person at the time. On the contract there is actually no statement of when payment is due. 

 

Due to some stress, he's replied by email with an outline of their faults in terms of failures to deliver according to the contract and stated an intention to withdraw from and terminate the contract and requested a refund of payment made so far re website. (i.e several days ago they did actually publish the website, but did so without first inviting any opportunity to review and approval before launching online [this is stated as process in the contract]. When he viewed it live, he had to immediately disconnected it from the domain as it contained content directly copy and pasted from another website; they even failed to remove the company's name from which they copied to content.) 

Did note site GDPR and 14days as you mention above - we were quite confused as to how consumer law applied to us in this instance.
Edit: I'm not sure if website building brings into the clause about custom made purchases in that a website is supposedly bespoke built? - if anyone can comment on this that would be very helpful.

We've received a reply simply stating that according to their T&C's ("which you agreed to upon making payment") under no circumstances do they provide refunds, followed with a statement that they have 'started work again' on the website and hope to finish (i.e work is not suspended anymore). This email contained a link  their T&C's which is not referenced in the contract. I've not seen these T&C's before and they are not easily found via their website either - one must click a link titled 'here' in very small text at the bottom of one of their subpages. It of course states "no refunds".

Will definitely research the 14day and 30day rule more and see where we can get with this. 
 

Edited October 1, 2019 by zeitgeist7890
additional question re consumer law