Predatory reseller website

ElvisPresleysCat

Hi all,

I've looked for a similar caseot to mine but haven't t found one.  In all instances, I found someone attended a property and was therefore entitled to a call-out fee.

My elderly mother was looking for someone to visit her house to troubleshoot an issue with her Nest thermostat.  She found the website: https://247bestemergencyservices.co.uk/  on Google and proceeded to call them via their "Call Us Now!" pop-up banner.

She explained the issue she was experiencing and was informed a couple of times that there would be a call-out charge of £49. She was not interested in this and informed the person at 247bestemergencyservices that she did not want a call-out.

The person on the phone then said they would have a technician call her back.  The technician did not call back but instead texted her requesting she send a video of the problem.  She replied that she had since resolved the issue and it was not resolved. She then blocked that technician's phone number.

At about 9pm, someone, presumably from 247bestemergencyservices, called her back and demanded the £49.  In fact, this individual was so rude and hard-nosed that it has really shaken her up and now she's fearful of further harassment as they have her details (name, number, address).  She also blocked his number, too.

Looking at the website's T&Cs, (https://247bestemergencyservices.co.uk/terms-and-conditions/) there is a section which states:

5.9. If the costumer [this is not a typo] cancels without the company’s consent, the consumer agrees to indemnify the company against any and all loss, damage, claims or actions arising as a result of such cancellation.  In case of cancellation from the consumer there is a cancellation fee to be paid, equal to the call-out.

This suggests that regardless of the outcome, simply engaging 247bestemergencyservices one would be immediately liable for "a cancellation fee to be paid, equal to the call-out".  No such cancellation fee was mentioned in the phone call, as as aforementioned, she emphatically did not want a call out on account of cost.

The website itself appears to be a sort of poor man's Check-a-Trade:

2.1. We are 24/7 Best emergency services, a marketing agency provided by Traders Digital Marketing LTD, a company incorporated in London, England under the registered number: 12217500. Our registered office is: 20-22 Wenlock Road, N1 7GU London, England. By ‘we’, ‘us’ and ‘our’ we mean 24/7 Best emergency services. By ‘you’ we mean the consumer.

3.2.1. Take inquiries from consumers and, acting as the Technician’s agent, arrange bookings for the Technician to attend your property to assess the repair works required and, if appropriate, provide an estimate for the length of time and how much it will be to complete the repair works;


So, my questions are:
Can a company do this?
Is the T&C (?contract) legally binding, especially given its myriad, grievous errors, not least of all pertaining to the "customer", the "consumer", and also the "costumer"?
Do the T&Cs fall under unfair terms?

Reading about In the UK the key precedent Interfoto Picture Library Ltd v Stiletto Visual Programmes Ltd in 1988, (here: https://law.stackexchange.com/questions/35646/any-terms-of-service-deemed-invalid-due-to-excessive-length) I note a similarity, that, "In Interfoto the principle was established that you can't just sneak unusual and onerous conditions into the fine print (as was literally the case in the Interfoto T&Cs), because its quite possible that the other party won't realise that they are there and therefore hasn't agreed to them. The T&Cs can be as long as you like, but only about normal and non-onerous conditions. Anything unusual or onerous has to be put at the top in bold print or something."

If this company has attempted to sneak unusual and onerous conditions into the fine print, does this render the 'contract' unenforceable?


I would appreciate any and all advice.

Huge thanks in advance.

A.

Aylesbury_Duck

She should report any and all other attempts to contact her as harassment.  I understand why she'd be worried, given they have her details but equally, she has all of their details to pass to the police if harassment continues.

I'm not going to browse the company's website, but I doubt she owes them anything.  I also can't see that they're likely to pursue things legally for £49, either.

ElvisPresleysCat

Aylesbury_Duck said:

She should report any and all other attempts to contact her as harassment.  I understand why she'd be worried, given they have her details but equally, she has all of their details to pass to the police if harassment continues.

I'm not going to browse the company's website, but I doubt she owes them anything.  I also can't see that they're likely to pursue things legally for £49, either.

Perfect, thank you.  At what point should she seek legal advice, at least beyond just consigning this experience to history?

Thanks,

A.

Aylesbury_Duck

ElvisPresleysCat said:

Aylesbury_Duck said:

She should report any and all other attempts to contact her as harassment.  I understand why she'd be worried, given they have her details but equally, she has all of their details to pass to the police if harassment continues.

I'm not going to browse the company's website, but I doubt she owes them anything.  I also can't see that they're likely to pursue things legally for £49, either.

Perfect, thank you.  At what point should she seek legal advice, at least beyond just consigning this experience to history?

Thanks,

A.

If the company takes her to court.

ElvisPresleysCat

Aylesbury_Duck said:

ElvisPresleysCat said:

Aylesbury_Duck said:

She should report any and all other attempts to contact her as harassment.  I understand why she'd be worried, given they have her details but equally, she has all of their details to pass to the police if harassment continues.

I'm not going to browse the company's website, but I doubt she owes them anything.  I also can't see that they're likely to pursue things legally for £49, either.

Perfect, thank you.  At what point should she seek legal advice, at least beyond just consigning this experience to history?

Thanks,

A.

If the company takes her to court.

Ok magic, thanks for your advice. If there are any further updates, I'll post them.

A.

sheslookinhot

Have contacted a senior person at the company to voice your displeasure ?

ElvisPresleysCat

sheslookinhot said:

Have contacted a senior person at the company to voice your displeasure ?

I'm not sure there are many senior-ranking people at the company. Seems to me to be a tin pot one-man-band type setup, and it was that person who called.

A.

booneruk

Out of interest I fired off a search on trustpilot. Oh dear it's horrific: https://uk.trustpilot.com/review/247bestemergencyservices.co.uk

twopenny

I can't see where a contract was made.

She rang a number

She explained what was wrong - presumably they asked her to

She declined a call back.

Harrassment - they called her despite her saying she didn't want it

They demaned money for no service.

She did well - blocking the number.

If you can persuade her to if they call again, take a deep breath and say in a strong voice 'If you ring again I am going to report you for harrassment' and put the phone down. She can have a wobble after this but feel she has taken control. I doubt she'd hear from them again.

Have you looked at the firm at Companies House? Seems it's a man who lives at the business address which is a flat. You can also look at the house/office on Streetview.

If you do this in front of your mum it would show her that this isn't someone in a big office/firm and that they can easily be traced.

In fact, when I put the address into Google it came up with 'virtual office' and 'accountant'

If you follow the name on Companies House it's a real eyeopener. Several businesses, sole boss. Reminds me of The Apprentice

I've done this sort of thing before to help people look up holiday lets and such as well as myself. Found one business run from a caravan in a field. Anyone can make a classy looking website and people believe it.

Murphybear

booneruk said:

Out of interest I fired off a search on trustpilot. Oh dear it's horrific: https://uk.trustpilot.com/review/247bestemergencyservices.co.uk

It’s one of these polarised reviews.  Half say it’s awful and half say it’s brilliant.  I usually have a look at Trustpilot before buying anything from a website I haven’t used before.  I found a site where the clothes looked lovely and the prices were reasonable.  The reviews on Trustpilot were 90 something percent “don’t touch with a barge pole” type.  

ElvisPresleysCat

twopenny said:

I can't see where a contract was made.

She rang a number

She explained what was wrong - presumably they asked her to

She declined a call back.

Harrassment - they called her despite her saying she didn't want it

They demaned money for no service.

She did well - blocking the number.

If you can persuade her to if they call again, take a deep breath and say in a strong voice 'If you ring again I am going to report you for harrassment' and put the phone down. She can have a wobble after this but feel she has taken control. I doubt she'd hear from them again.

Have you looked at the firm at Companies House? Seems it's a man who lives at the business address which is a flat. You can also look at the house/office on Streetview.

If you do this in front of your mum it would show her that this isn't someone in a big office/firm and that they can easily be traced.

In fact, when I put the address into Google it came up with 'virtual office' and 'accountant'

If you follow the name on Companies House it's a real eyeopener. Several businesses, sole boss. Reminds me of The Apprentice

I've done this sort of thing before to help people look up holiday lets and such as well as myself. Found one business run from a caravan in a field. Anyone can make a classy looking website and people believe it.

Perfect, thanks. And nice work. I'll advise her and show her, tomorrow.

A.