What Shall I add? Free TXT Service ripping me off

[Barewolf]

I had a bill for £96 from 125.sms.com for a service i never recieved, ive replied to them telling them this and they said i accepted the terms and must pay, so i wrote this.....what should i add?


Ref - Subject: Re: [Ticket#2006120610069016] Your Invoice number
Rech-SMS125-505100

Dear Sir / Madam,

I have already spoke to someone at your company regarding the ridiculous bill you sent me from your websites supposed FREE texting service.

I did sign up for free text messages from 125.sms.com but i never recieved any confirmation e mail which i assume would contain a password or activation URL. As a result of this i have never been able to log into sms.com to cancel my trial, and also if you check your records you will see i have never sent any texts from the account either for the simple reason that it wont let me into the site. However, if you check the account and its as screwed up as your site is then you have little hope.

Instead you have taken my details and e mail and now charged me for a trial i never had advantage of using or been able to cancel yet you expect me to pay you £96. Well i can tell you now thats not going to happen, if you want that money that you think you are entitled to then your senior manager will have to come all the way from Switzerland and meet me in an English court so i can tell him/her and the magistrates what an absalute bunch of slick ass idiots you really are, and i am sure if i dig deep enough into this i can find reason to extort money from you for using my details and witholding a service you said you would provide but didnt, in England this is called extortion.

To end matters...if my details are on your server then why when i requested my password which is unique to me never e mailed to me? Where is it? I asked for it several times and i have not got it, yet you seem fine to send me a nice Bill after i CANT cancel my trial. Do you think i am an idiot? I didnt come down in your last rainfall.

So i am hereby TELLING you, you have no grounds to charge me for this service, i have never used it, and if my details are on your server i want them removed.

[Ramrod]

I'd remove any insults in your letter. Keep the moral high ground.
.....good rant!

[Barewolf]

*see bottom and work your way up the messages*

Do these people have any power to do what they say?


Dear Sir or Madam,

We have taken note of your email; however, we insist on payment and will,
therefore, continue to dun you in the future.

If you do not react, we have, unfortunately, no choice other than to give the
matter over to a debt collection company.

------------------------------------
Yours faithfully,
125sms.com support team


Internet Service AG
Blegistrasse 1
6343 Rotkreuz
Switzerland

Email: service@125sms.com
Telephone: 00 42 36 63 90 39 28
Fax: 00 42 36 63 90 39 27
The telephonic customer support is available from Monday through Friday during
9 a.m. and 4 p.m. (except on holidays).
------------------------------------

"Barewolf" <Barewolf@ntlworld.com> wrote:

> What the **** is wrong with you people? Ive explained the situation, if you
> want the money i will see you in court, if you message me again i will have
> you done for harrassment.
>
>
>
> ----- Original Message -----
> From: "125sms Service" <service@125sms.com>
> To: "Barewolf" <Barewolf@ntlworld.com>
> Sent: Saturday, December 09, 2006 9:41 AM
> Subject: Re: [Ticket#2006120810080973] Cancel this
>
>
> Dear Sir or Madam,
>
> You have entered your personal data in our 125sms.com homepage, that’s why
> you
> have got a bill from us.
> Since you have entered your personal data and agree the eligibility
> requirements on our homepage, you become responsible according to our terms
> and conditions for paying the bill.
> After accepting the eligibility requirements you had the opportunity to
> cancel
> this trial membership within 14 days.
>
> For the 14 day trial access an amount of 0,00 pound has to be paid. The
> following monthly customer fee is 8,00 pound (incl. VAT) and authorizes the
> transmission of 125 SMS per month/ 1500 SMS for 12 months. The customer fee
> has to be paid in advance respectively for 12 months and will be charged to
> the customer accordingly.

[Derek]

Originally Posted by Barewolf

Do these people have any power to do what they say?

Doubtful but I'd check with citizens advice to be sure.

[Paul]

When you signed up for the services did you read the Ts and Cs properly since ignorance is not an acceptable excuse to not pay a bill? Also when did you sign up and did you make any attempt at all to contact them to tell them you had not received any information from them?

[Barewolf]

Hi Paul. I did not read the TS no but i did send them an e mail to say i couldnt log in and i had no password.

[Graham M]

Also... why pay £8 for 125 texts!?

[Barewolf]

Zeph i aint paying them £1 for 125 texts mate, they can F*ck off

[Graham M]

Fair enough, Im just wondering why you registered with them in the first place? And since they're based in Switzerland, I doubt they'd have any way of extracting any funds from you.

[cookie_365]

'Debt Collection Agency' sounds like an empty threat - they'd need to get a County Court judgement against you first, otherwise there isn't a 'debt' to 'collect'.

[TheDaddy]

Originally Posted by cookie_365

'Debt Collection Agency' sounds like an empty threat - they'd need to get a County Court judgement against you first, otherwise there isn't a 'debt' to 'collect'.

Are you sure about that because a mate of mine is being chased by a debt collection agency and he is certain that he has no CCJ's

[Rob]

Debt collection agencies will try and make your life a misery without a court order. It's just that unless they go to court and get that order they won't have a power to get bailiffs or whatever to enter your home, seize goods, and such like.

Some things are, I beleive, enforceable without a court order - parking fines etc.

[cookie_365]

Originally Posted by Rob

Debt collection agencies will try and make your life a misery without a court order. It's just that unless they go to court and get that order they won't have a power to get bailiffs or whatever to enter your home, seize goods, and such like.

Some things are, I beleive, enforceable without a court order - parking fines etc.

Yes, but this isn't a parking fine!

Debt Collection Agencies have no special powers; just their experience in weedling money out of people. They're not bailiffs, and it's a criminal offence for them to harrass you by, for example, claiming that they're entitled to entry into your property when they're not, or by suggesting you could be arrested if you don't pay, when you can't.

"I don't owe you anything - if you think I do - see you in court" is they way I'd personally approach it. Speak to your local CAB if they start putting pressure on you.

[Aragorn]

Sorry to put a downer on this (and don't shoot the 'messenger') but reading this page I would say you're stuffed
Essentially, by hitting 'Enter' you entered in to a contract with them, probably under Swiss law, to pay £96 for a service. There is quite clearly a 14 day cancellation clause and I am guessing your email did not request cancellation.
I would seriously think about coughing up and at least make use of the service - otherwise it could easily spiral out of your control. I'm not a lawyer (and hiring one would cost a lot more than £96) and this maybe a scam but imo they have the law on their side
Hopefully the CAB will be able to assist further, but make sure you print out the page I've linked to and your email for them to see.

[Russ]

But if he didn't get a confirmation email, surely part of the legal agreement had not been fulfilled, thereby it's not legally-binding?