Small business owner

[*Js9319]

Hi all,

I am having problems to get my money back from a self-employed marketer that provided a poor service. Can you please suggest any legal adviser that does not ask a fortune?

The total value is around £1200.

Thanks,

 

[fisicx]

Try this: https://www.gov.uk/make-money-claim

Where is the marketeer based? Can you prove the service they provided was poor? Or did it just not meet your expectations?

 

[*Js9319]

Hi @fisicx

I am just confused if I need to make a small court claim or I have to complete the on-line form on money claim.

However, I terminated the service because I could understand that the marketer (based in London) did not have enough experience and skills to perform the tasks required. Part of the service was to respond to an Instagram message and he did ignore it completely. After 10 days I saw them and I had to respond to them. He also had to increase our Instagram followers and in over 3 weeks he wasn't able to do anything (not even tried) I reminded him about it and he said that he did think that I had to do it when it was a task written down in the invoice (of course, now he is claiming that he would have done it in the second month of the service, but I am just wondering why he did not know that it was a task to do since day one?).

In additions, after terminating the service I cancelled all his access to my social media and he could not perform the monthly tasks (2 tasks out 11 + not responding to message + not taking actions on increasing the followers in Instagram - total 4 tasks not performed at all).

He has approached me with a free trial where he made high expectation and when he got the money started to do not care about it.

Now is claiming that he will not pay the refund that I asked, we have already done mediation and it did not work. I've already sent him a letter before the court claim and he wants to pay only £480 for only 3 weeks of service when the total investment was £1200 for 2 months. in additions, He is not responding to emails anymore.


Any advice?

 

[fisicx]

Follow the online instructions.

Are you sure they are based in London? Many freelancers have a UK address but in reality are in a different country.

To be quite honest, the chances of you getting your money back are slim.

 

[*Js9319]

I am sure it's in London.

Why do you think I have a slim chance to win? He did not provide services and I can prove it. I may not be able to claim back all the money but honestly, I got a "fake marketer".

I recently find out one video and he was with his coach where they were explaining how to get high fee from clients, this video was public on Nov 18 and I did buy his service on the 22 of Oct 2019. He was just starting with his business and then was very clear after only 3 weeks of service.

 

[fisicx]

Why do you think I have a slim chance to win?

Because they will just disappear. Which means you can't send them the money claim.

How did you find them? How did you make payment? Do you have their address?

 

[*Js9319]

The marketer is still trading and I just checked this on the social platforms as well as in Linkedin.

.I was looking to buy a service to improve my marketing and get more clients when I saw the a post published in a business group in Fb. I reached out to him saying that I would be interested in the FREE service and together implement the fb ads service for free. He sent me a free survey to complete through survey money asking some financial information of how much the company was making, how much I currently spent on ads etc and I honestly responded with the financial figure of my company. I completed the survey and received a call to understand both needs.

We agreed to the free service in exchange for a review/video testimonial.
Since it was a free service (at the time he only asked me to) I honestly did not pay a lot of attention to details, so I was genuinely happy to provide a review of the service only paying my Facebook ads.

I made the payment through my Business debit card and they do have a registered address in London.

 

[Mr D]

I am sure it's in London.

Why do you think I have a slim chance to win? He did not provide services and I can prove it. I may not be able to claim back all the money but honestly, I got a "fake marketer".

I recently find out one video and he was with his coach where they were explaining how to get high fee from clients, this video was public on Nov 18 and I did buy his service on the 22 of Oct 2019. He was just starting with his business and then was very clear after only 3 weeks of service.

OK so you make a claim. You get a CCJ. Then what?

 

[fisicx]

I made the payment through my Business debit card and they do have a registered address in London.

Why did you make a payment if it was a free service?

What exactly did you pay for? What does it say on the contract?

 

[*Js9319]

So I first received the free trial for 14 days and then decided to go for the paid service.

The paid service was £1200 for 2 months (8 weeks), we did not have any contract but I had an invoice with the task that he had to perform (he does not have any refund policy in his site). Half of these tasks were already completed in the free trial and in the paid service he had to improve them to get better result (Facebook ads etc). The paid service wasn't working for me (the leads provided were not responding to emails or just booking consultations and do not show up) and I could see that he wasn't performing all the tasks so after 3 weeks of service I decided to terminate it. Asking the refund for the second month.

Here the problems started to begin. He did not agree to pay me back the second month for £600 making up excuses that the first month of the service was costing more (something that we did not agree). I did not like this kind of behaviour and I started to tell him that if he wanted to close down on a good note I was willing to accept only £600 otherwise I would have also claimed a refund for the poor service, compensation for not responding to client's message (as agreed) and a compensation for the 2 monthly reports (that, of course, he could not have done it before after 3 weeks I cancelled all his access to my Business social media accounts). In addition, he also had to look after to my followers is Instagram which of course did not increase even by 1 person (I have a fb message were he admit what he did not remember of this task).

We went to a mediator, did not work and I sent him a letter before court claim (he claimed that he hasn't received it - I have the receipt for it) I resent the letter by email and he still believes that my refund is too high.

I am just wondering if I should get some legal help just to make sure that I will complete everything properly and get advice on what to do next

 

[Mr D]

It sounds like you may struggle to get anything from him. Sole trader? Or company?

 

[*Js9319]

It sounds like you may struggle to get anything from him. Sole trader? Or company?

Sole trader.

I have the same feeling I am afraid, but honestly, now he is not responding to emails anymore so I cannot see any other options. I think I also made the mistake that in my letter before claim I asked for a full refund (instead of stating all the things that did not perform), so I am now would like to get some legal help, but if it will cost me more than what I would receive it does not make any sense.

 

[Mr D]

Sole trader.

I have the same feeling I am afraid, but honestly, now he is not responding to emails anymore so I cannot see any other options. I think I also made the mistake that in my letter before claim I asked for a full refund (instead of stating all the things that did not perform), so I am now would like to get some legal help, but if it will cost me more than what I would receive it does not make any sense.

So its him personally to pay. If he has to pay.
And if he doesn't pay much or at all, you have the fun of debt collection.

 

[*Js9319]

So its him personally to pay. If he has to pay.
And if he doesn't pay much or at all, you have the fun of debt collection.

Thanks for your response.

So do you think I should contact a Debt collection rather than a small court claim or MCO?

 

[bodgitt&scarperLTD]

You need to get title to the debt first, through small claims before you can employ a debt collector.

 

[Newchodge]

You need to get title to the debt first, through small claims before you can employ a debt collector.

Why?