Ultimate After Party - County Court Judgement

DailyClicker

Hey,

I went on holiday to Magaluf at the end of August, with some friends, and signed up for the BCM Reunion taking place back in England on November 13th to 16th.

Three of us paid a £20 deposit, and were told that we could cancel at anytime upto the event if we couldn't get the time off sixth form/university, and the payments could be made up until the last week before the event.

Apparantly they are trading under the name of GHPE Ltd. The booking was booked under my friends name who is 18 years old and he signed a contract which we were rushed into signing, and listened to the reps word over and didn't read all of the small print.

He received numerous calls chasing him for the money, every single day, and was told the deadline was far before what we were expecting and had been told. He then transfered the booking into my name, over the phone and they then kept on chasing me about the payments, even though we said we weren't able to go.

Recently he received a voicemail threatening legal action if the remaining payment hadn't been paid. I then called up as the booking had been transferred into my name (I'm 17, can legal contracts be applied to someone of my age?)

The first guy I spoke to could see it was now listed in my name, and I explained that I would not be paying the money as I had been dealt with extremely unfairly. I then spoke to the director of the company, who was no help at all, and extremely abrupt and rude.

I then got in contact with the rep that had sold this to us, they haven't got many in Magaluf and she is extremely highly respected in the company. She got extremely upset over this whole problem, and admitted that she gave the wrong information as she didn't have proper training. She spoke to the director, and admitted this and asked him if he could just cancel the money due, but she was told to not get involved.

She's genuinely really nice, really sorry as she's getting very upset over this. We have spoken on facebook/phone and she is worried about losing her job but doesnt want us to have to pay £240 in total.

Where do I stand regarding this? The terms and conditions are located online -
http://www.ultimateafterparty.com/terms_of_service.html

But surely verbal contracts stand up as much as written contracts? In that written contract it says £30 deposits are required, we only paid £20, not sure if that will help with getting out of it.

They have already started with legal proceedings, and have passed it onto a legal debt collection team, and are threatening County Court Judgements. This is very scary, but surely we have some protection with her support that she gave incorrect information at the point of signing the contract?

Here is the website -
http://www.ultimateafterparty.com/

Look forward to your replies

DailyClicker

Update -

The director of the company has requested that the rep stops all communication with myself. I'm scared she is now going to deny everything she has agreed on.

smcaul

A verbal contract is just as binding, problem is proving a verbal contract!

I am somewhat confused by their T&C's, in point 4 it says you can not cancel, yet in the next sentence it talks about notifying them within 28 days in writing, but it does not say within 28 days of what? of your original booking? of the date of the event? within 28 days of final payment?

Oh, and they have not started legal proceedings, they have passed it onto a debt collectors. That is very different. Are the debt collectors chasing you? if so why? your friend signed the contract, by the sounds of it it has been turned over to your name verbally only.

I would hazard a very large guess that they are just hot air and this will go nowhere. But I would be inclined to write to the debt collection company telling them that the debt is disputed and for them to pass it back to the originator for it to be dealt with.

dacouch

Does the fact they entered the contract in Spain not have an effect?

DailyClicker

Thanks for your reply, it's a very poorly run company, with confusing terms and conditions, which differ in writing and what they claim.

The 28 days is extremely unclear, they state that it's 28 days from the booking date, but it doesn't state that, but the event is on November 6th till 9th.

They have passed it onto debt collectors apparantly, but I believe it's still in my friends name, so he will apparantly receive the phone/letter from them. He's extremely worried about this and I've convinced him that we shouldn't just give in and pay, because they probably threaten everyone with this.

So if he writes a letter back, can they just cancel the debt? Will his credit rating be effected etc?

Thanks

smcaul wrote: »

A verbal contract is just as binding, problem is proving a verbal contract!

I am somewhat confused by their T&C's, in point 4 it says you can not cancel, yet in the next sentence it talks about notifying them within 28 days in writing, but it does not say within 28 days of what? of your original booking? of the date of the event? within 28 days of final payment?

Oh, and they have not started legal proceedings, they have passed it onto a debt collectors. That is very different. Are the debt collectors chasing you? if so why? your friend signed the contract, by the sounds of it it has been turned over to your name verbally only.

I would hazard a very large guess that they are just hot air and this will go nowhere. But I would be inclined to write to the debt collection company telling them that the debt is disputed and for them to pass it back to the originator for it to be dealt with.

pinkshoes

So are you actually unable to go now, and this is why you want to cancel as you were told you could?

I would just write to the company, recorded delivery, something along the lines of:

Dear Sir/Madam

On <date>, myself and 2 other signed up for the BCM Renuion on 13th to 16th November, paying a £20 deposit. We were informed by <name of rep> that we could cancel at any point but forfeit the deposit. We then spoke to the rep on <date/time> who confirmed that she had informed us this, but admitted she was incorrect with her information due to not having the correct training.

Based on what we were told at the point of sale, we are now officially cancelling our three places on the BCM reunion, therefore forfeitting our 3 x £20 deposits.

No further money will be owed by us.

Yours faithfully

You, your mate, your other mate.

muffintop

I think you also need to point out that you are all under 18 (if you all are) as you should be able to rescind the contract on that basis. They should have checked you were over 18 before they allowed you to sign up.

DailyClicker

muffintop wrote: »

I think you also need to point out that you are all under 18 (if you all are) as you should be able to rescind the contract on that basis. They should have checked you were over 18 before they allowed you to sign up.

My friend who signed the contract is 18, but it had been transfered into my name, when he realised he couldn't go, but now they are claiming that never happened as they realised I'm only 17.

I've just had another person send me a message in the exact same situation, but the rep had taken advantage of the fact they had drunk a bit too much.

pinkshoes wrote: »

So are you actually unable to go now, and this is why you want to cancel as you were told you could?

Yes we are now unable to go, and informed them of that a while ago. Thank you for the template! Could you please let me know what you think of this letter, and whether you would improve anything.

Dear Sir/Madam,

I am writing to you in regards to a BCM Reunion booking that I made on the 26th August 2009, in Majorca for myself and two friends.

We paid the deposit, which was 1 x £20 and 2 x €30, and were informed by <rep name> that we could cancel at any point but forfeit the deposit. We then spoke to the rep on Thursday 22nd August 2009, who confirmed that she had informed us this over the phone and online, but admitted she was incorrect with her information due to not having the correct training, and having not read the contract herself.

She spoke to <director> and informed him that she had providing us with incorrect information at the point of sale, but he was not willing to help resolve the issue and waive any outstanding balance. I then spoke to <sales manager>, who had informed me that it had been passed onto the legal team.

The terms of service found on your website differ to those that are on the booking form, and to what we were informed by <rep name>. Based on the verbal contract that was agreed at the point of sale, the Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contracts Regulations 1999, we are now officially cancelling our three places on the BCM reunion, therefore forfeiting our deposits.

No further money will be owed by us.

Yours sincerely,

DailyClicker

They have two different customer service address', one on their online terms and conditions and one on the booking terms and conditions, which are both different.

Ultimate After Party
Customer Services Team
118 Oyston Mill
Strand Road
Preston
Lancs
PR1 8UR

Ultimate After Party
Customer Services Team
4 Wyllie Mews
Station Street
Burton On Trent
Staffordshire
DE14 1BF

I've tried searching for them, but cannot seem to find which one is valid, so will probably send it to both.

Thanks again for your help with this

kiddy_guy

Make sure you send it recorded delivery!

4743hudsonj

i would advise that if debt collectors do turn up or ring just slam the door or hang up as they have no legal powers or rights over the collection of debt

they may as well be any tom !!!!!! or harry they go up to on the street and ask to collect a debt off you.

although like others i suspect theres a lot of hot air in their claims.


ps if they continue chasing you despite telling them you are resolving the debt and for them not to call mention this