On 16th October after being cold-called by someone representing 118.com I was then put onto a sales person for UNITEL DIRECT. She told me about getting higher ratings on web searches. She explained this would involve setting up referall URL's which would switch through to my existing site. After maybe 45 minutes of 'pitch' I said I needed to talk this through with my partner and she said she totally understood my misgivings with going into a year long contract with them at £179 a month and when asked to give me time to make a decision said she would do so i.e. 28 days. She asked that I pay a £20 deposit to secure the two URL’s that we'd discussed whilst I:
1. discussed this possibility with my partner;
2. made enquiries regarded the company and decide if it's someone that I wish to go into business with.
This seemed reasonable. I paid that by Credit Card. She took my banking details to save time when I made my decision and as a token of faith (it turns out that was a big mistake). Unitel then sent me a link wanting me to electronically sign a contract (which when viewed on a Mac only allows you to see the upper portion of the contract - so I would not sign anyway without seeing the whole contract). They implied that I am already subject to a verbal contract - that is simply not true. Unitel then said that if I cancel the Direct Debit (which I didn’t give them authority to set up in the first place) they will take the money from the credit card that I’d given details of (to pay the £20 deposit). Subsequently I cancelled the Direct Debit and when they took the money from my credit card (unauthorised) I got a cash back.
I have not entered into a Business to Business contract with them. I am a sole trader with a trading name of The Drone Detective. I have a tiny turnover and no wishes to expand greatly so I do not require any of their services. I gave them details of a personal account as I have no business account, thus I believe that B2B does not apply and, in any case, we have no contract. I told them this in writing two days after the phone pitch.
Frankly, within two days I decided NOT to go into business with UNITEL. I emailed them to say so. They have misled me, set up a direct debit with no permission, asked me to sign a blind contract and lied about giving me time to make a decision. When I was called by a Customer Service manager on 18th October he tried to tell me that I was going back on my decision. I made it clear to him that I never made a decision - thats the point! He then told me he would reduce the monthly cost to £119.99 plus VAT and then tried to tie me into another ’spoken contract’. It’s not on. Their methods are questionable, at least. Another reason for not wishing to work with them is their past history (not least on this webiste - 'The Complaints Board'). Despite the managers assurance I place more value on Trustpilot reviews than he does and to see that UNITEL are referred to as a ’scam’ is concerning. To read their five star reviews is also concerning when you note how few are verified and how many are ’sound bites’.
Having said this to three different members of their staff, all went quiet (for a month). I hoped that meant that someone had finally listened to the original phone call. Then, on 29th November I received a demand from UNITEL DIRECT accounts department saying I have an invoice outsandling on 'my account'. They say I am in a 12 month contract. Obviously I am NOT!
As advised by Citizens Advice Bureau I have now asked for a copy of the 'verbal contract'. If the pestering continues I'll escalate this to to a Subject Access Request under the Data Protection Act, but I really don't see why I have to do all this. If it was a real company, providing real services and not the scam I suspect, then they would listen to the original call and leave me to get on with my business.
Then yesterday, this is priceless, I got a call from a fellow Drone Photographer who tells me that I was put forward by UNITEL's sales team as a reference! He tells me that both 'referral websites' are live and had I noticed an increase in enquiries (I haven't had one). You couldn't make it up.
Claimed loss: £20 - but I'm happy to right that off as it was the agreed deposit to secure two URL's whilst I made a decision.
Desired outcome: Take down www.aerialphotographyhertfordshire.co.uk and www.aerialphotographyeastlondon.co.uk – breach of copyright on my photos by publishing them without consent. Admit that there is (and never has been) a contract between us.
No response on here. I told them to take the websites down, they've ignored me. I've asked for copies of the 'verbal contract', they've sent me edited versions and despite asking they have ignored requests for the full version. I've asked on a number of occasions (on CAB advise) if they are members of an 'alternative dispute resolution scheme. (This is also known as an ADR scheme). They've ignored that question and accounts says that they are dealing with the complaint. However they have now resorted to harassment by calling every day from different numbers rot demand payment of the outstanding invoice. Anybody have any advise?
Still no reply on here from Unitel Direct. Saying that, their normal MO is to post a reply months, sometimes years later, making out theyve never heard of the claimaint (have a look yourself) and Complaints Board mark it up as 'resolved'. That's how they get a 90% + clear up. Then take a close look at the reviews on 'TrustPilot'. You'll find most reviews are written by individuals who only ever review UNITEL DIRECT. Odd that isn't it?
Having told the UNITEL accounts department that there is no point referring this matter to 'an eternal agency' as that will just cost them more, I told them to send it their legal department to establish if they will take the matter before a County Court judge. I am adamant that I am not in a contract with them and this is supported by the 'edited' recording of a "verbal contract" that they've sent me. They seem to just resort to threats when you don't pay what they want. It's essentially quasi legal extortion. If they do take me to court it will be a small claims court and I will fight this tooth and nail. They've now sent me a Letter of Dishonour (talk about pots and kettles!
Luckily their unrequested advertising (which despite me asking, they still haven't taken down - see attached) hasn't brought forth one customer, so I have plenty of time on my hands to deal with them. What really annoys me is they've made a right pigs ear of the websites (e.g. Cambridge number on an East London Photographic site) and used my photos!
Maybe I should put in a counter claim for all the time I've had to spend writing them e-mails, say at £200 a time?