Succesful Chargeback but company wants their money!

mdj1

Hi All.

Would really like your opinions on this.

In late August i took out a contract with a company to manage a new google campaign for a keyword, I paid them approx £1200 for the 3 month campaign which they promised me would get me a top 5 position (adwords) 24/7

The campaign started a day late and then only after I questioned it, the second day it ran for a few hours, third day, not at all again, by this time I emailed and phoned several times and they said they would get it sorted, again the following day it was intermittent, by this time I had had enough. I wrote to them special delivery saying that they had 7 days to issue me a refund as they were not fulfilling the contract. I heard nothing from them and the advert was offline for several days after this.

After the 7 days I contacted them again by telephone and they just pretty much denied everything. I contacted the bank and started chargeback prceedings, I provided my evidence but the company never disputed the chargeback.

Whilst waiting for the dispute to be resolved I set up my own google account and spent approx £2000 - £2500 for adverts for the same keyword, during this time their advert would occassionally pop up.

So, last week the companys time ran out (45 days i believe) and they hadnt made any contact to the banks letters so the money was awarded to me.

Today they call me telling me that I owe them the money still because of the chargebacks and that they have a bill from google for £600

We had the usual conversation of I did everything you did nothing, but they said they were going to pass it to a debt collection agency.

To be honest I don't think they've got a leg to stand on, I told her that they had their chance to dispute the transaction and they didn't, they have admitted to me in emails that they hadnt done what they said they would.

I would just like to know if this has happened to anyone else and if there is any legal standing here?

kingdonkey

what is a debt collection agency going to do? Bailiffs cant just knock on your door demanding money, there must be a legal judgement claiming you do owe the money first.

Chris

mdj1

That's what I told them on the phone, they can't ask a debt collector to get involved until a judgement has been passed.

I think they're just bluffing, they know they don't have a leg to stand on.

At least I like to think they don't.

PNPSUKNET

you will owe the £600 as they will be able to prove the traffic went your way. They could and most likely will take you to court to recoever.

mdj1

but I told them in writing to cancel the contract, if they ignored that then why should I pay.

marksoton

mdj1 wrote: »

but I told them in writing to cancel the contract, if they ignored that then why should I pay.

Presumably as they are only demanding a proportion of the money they are only billing you for the up front work and reduced time the add was present... ?

udydudy

I would not worry. ask them to go ahead and contact debt collectors. If anyone turns up at your doorstep without you having had any contact from a county court do not speak to them. Call the police and they should deal with it.

AFAIK, If the company feels they have a legal debt payable by you, they firstly have to put in a claim to the county court(they can ask for costs to be awarded). The county court will send you a defence form and details of the claim. This gives you an opportunity to either pay the claim or pay part of the claim or defend the claim.

In your case I would expect you to defend the claim as you contacted (wrote and telephoned) them numerous times. You then also made a chargeback which they did not defend. As far as I would think they do not have a leg to stand on in the county court as they would have to first prove why they did not defend the chargeback at all!!.. Unless they did but the Card company did not agree with them.

Also only after the county court passes a judgement it would be decided whether you pay or do not.

If you do not reply to the county court at the first instance then the company can ask for judgement to be passed against you and then ask for bailiffs to be sent.

If you reply and the county court passes a judgement against you and you do not pay then again they can apply for judgement to be passed and then the bailiff stuff.

but if you reply and attend court (if there is a hearing) and the county court goes in your favour they can kiss your A** and pay you your costs!!.

I personally do not think they can do anything about it. If they employ a rogue debt collector with the intention of scaring you into paying(a lot of organisations do that) tell them to kiss your A**

they do not posses any right other than to knock on your door or call once on your phone. If you tell them to get lost they have to respect your request. if not it can be deemed harrassment.

I work for a independent retail outlet and we get customers who actually try it on with chargeback so I know what their rights are(sic...) and how far we can really go. You will be surprised how many try a chargeback con.

you seem to be really asking for your rights and not conning them, instead they are conning you.

Keep us posted how it goes.

if you need any help with the county court thing PM me and I will help where I can. I am not a legal person but just someone who deals with this stuff form the comapny side of things.

cooltt

What Udydudy said is correct, as long as you haven't broken the contract with them you will be fine. You informed them in writting of your intention etc..which is what all contracts state you must do to end it early. However be careful with what you write and say to them from now on, any letters or phone conversations can be used by them in court.

Jemma-T

This is all a business contract and you are a registered sole trader or trading as a business?

That company will try and get their money. Drop them a letter recorded delivery saying why they'll not be getting it.

That letter may help your evidence should they try and get you in a local court.

If you think -genuinely- you are not due a penny then don't pay it.

JohalaReewi

The company isnt TMandCo is it?

mdj1

Thanks guys. I may write them another letter and say to them that I will pay for any advertising that was made from the 1st of september to the date that they confirmed they had not been doing as they were suposed to. which was about a week and I cancelled the contract.

And also tell them that's all they will get.

And no, the company is not TMandCO. Funny thing though I had a call from another marketing company today from the same area code and as soon as I confronted them on the name they tried to deny any connection, got funny and hung up!