Small claims court Notice received...

biotoxic2

Hi there,

I run small company and received small claims notice in regards to some subscription my company did (which we never actually did).

Claimant - some dodgy "association of traders" claims that my company registered on their webpage (subscribed) to their services and so far we haven't paid any fees to them. We did receive few letters from them to which we replied that no accounts been opened and they are mistaken. No replies received from them. And now claim - The debtor (us) made no response to our letters or made any payments (in regards fees).


They claim they have proof - our ip adress and internet form - where we (supposedly) tick box that we wish to subscribe to their services. I checked that company - one man's company who runs it from own bedroom.

Any ideas?
Thanks in advance

bod1467

Is your company internet connection on a static IP address?

Do you have copies of the letters you sent them disputing the subscription? And the dates you sent them?

biotoxic2

I dont really know about static or not IP, i will call BT to find out.
I do have emails i sent them and notes of when i called them as well as phone bills showing dates when i called them.
Only response i received when they supplied "proof" of our subscription which is screenshot of their electronic subscription form - that shows that we "ticked all right boxes" and signed (typed in box) our directors name (which was misspelled).

ThumbRemote

Did you receive a letter before action? (Or is this the receipt of a letter before action, rather than an actual small claims summons?)

If not, they haven't got much chance anyway having not followed due process.

Equaliser123

ThumbRemote wrote: »

Did you receive a letter before action? (Or is this the receipt of a letter before action, rather than an actual small claims summons?)

If not, they haven't got much chance anyway having not followed due process.

Doesn't really matter if they have not provided a letter before action as it is small claims court. District Judges very rarely penalise a party for not providing notice.

biotoxic2

I did receive Final reminder letter and after receiving it i rang them up, but as usual - noone answered so i left voicemail. Also wrote email same day regards this matter. Again - no replies or response.

Flyboy152

biotoxic2 wrote: »

I did receive Final reminder letter and after receiving it i rang them up, but as usual - noone answered so i left voicemail. Also wrote email same day regards this matter. Again - no replies or response.

I'd be tempted to write back to them, saying, "fine, see you in court then."

Guardsman

biotoxic2 wrote: »

Claimant - some dodgy "association of traders" claims that my company registered on their webpage (subscribed) to their services

Have you done a online search to see if others have had any problems ?

unholyangel

Personally I'd have expected the company to prove the debt exists when it was disputed by the OP.

How do they know the IP belongs to you? I could go sign up as a company right now and they'd have my IP address but it wouldnt be the same IP the company use. Have they actually supplied the IP address to you and is it correct?

What exactly was the subscription for? Do you still have a copy of the emails you sent them disputing the account?

Do you have a site link we can look at? Although this isnt really a consumer issue, its a B2B contract - and its possible to contract out of certain rights in a business contract.

shocky_2

I have heard of this happening before with a number of small businesses. Its not uncommon, the strategy is to try and bully people into paying for useless subscriptions.

I think the best strategy is to defend it. Remember to issue a defence within the timings set out on the form, if you miss the deadlines you will be in trouble.

You need to make it clear that you did not agree to the subscription. You need to deny that the screenshot is of a form filled out by you or any of the other directors, and need to indicate that the name is misspelt and that the director wouldn ot misspell his own name. I am not sure how they know what your IP address is, until they actually produce some evidence on this I think it would be better to simply deny that an agreement was ever entered into.

biotoxic2

unholyangel wrote: »

How do they know the IP belongs to you?

What exactly was the subscription for? Do you still have a copy of the emails you sent them disputing the account?

Do you have a site link we can look at?

1. No they havent provided any IP address so far
2. Subscription was for some sort of registration and use of their "directory"
3. I do have all emails i sent to them as well as times when i called them
4. confedbt dot com