A Brighton Boy Blogs

I took the advice of my builder & in November bought a selection of ScrewFix Direct ready-assembled kitchen units for my house renovation; then I waited, and waited, and despite three delivery dates being quoted, none was satisfied. When I was told it would be December 20th, I cancelled the order. The staff member who took the call was anything but apologetic and practically blamed me for the lack of a kitchen.
In a recession, give your money to companies that deserve to survive and thrive, not ones that can barely be bothered to offer any kind of service at all. I’m off to Howdens – let’s hope they’re rather better.

Since we decided to leave Esporta Brighton, we’ve had no end of threatening behaviour from the company and its debt collector ARC Europe. This isn’t anything unusual, they’ve done it to lots of people – just try a Google search.

Esporta’s membership contract says that they can terminate a membership with one month’s notice, but that a member cancelling their membership must give three months notice – paid, of course. So when someone like me wants to leave because the facilities are poorly maintained and the club just isn’t up to scratch, they try to enforce this contact term. However, there is a piece of legislation called the Unfair Contract Terms Act 1977 which companies like Esporta should be rather wary of when they ask their lawyers to draft their contacts. Used in conjunction with the Unfair Terms in Consumer Contracts Regulations 1999, one can essentially ask a court of law to review a contract term, and if found to be unfair, the entire clause is struck from the contract. With nothing to replace it, standard UK trading laws take over and there’s nothing the company can do; with no fair cancellation clause in place, they’re not entitled to a penny.

Esporta’s contact terms relating to notice periods have already been ruled unfair by the Office of Fair Trading (see http://www.oft.gov.uk/advice_and_resources/resource_base/consumer-regulations/traders/790/1/), along with quite a lot besides. This ruling would be taken into account by the courts in any case involving Esporta’s membership contracts. This means that nobody should be paying Esporta three months’ fees upon notice of cancellation. Unfortunately a lot of people give way to bullying from the company and its debt collectors. Why is this allowed to happen? Unfortunately a contract is only of any use when tested in a court of law. Since most people shudder at the thought of being taken to court by a big powerful company, most people just give in and pay up. It’s important not to give in, and to fight your corner, because that’s the only way companies like Esporta will be stopped.

Unfortunately this wasn’t all in our case. ARC Europe obtained copies of the contracts my girlfriend and I allegedly signed, and sent them through to us by way of a “now get out of that one” threat. To be honest, I didn’t remember signing a contract, so I was surprised they had a signed one to send me. Upon examination however, it wasn’t my signature. My girlfriend had signed, but I hadn’t. In place of my signature was a very poor forgery in the same handwriting style as that of the Esporta employee who had signed on behalf of the company.

Just to be clear about this, forging a signature on a contract is criminal fraud under UK law. Are Esporta really that desperate? Apparently the answer is yes.

April 2010 Update: lots of letters & phone calls received from ARC Europe (culminating in a threat of solicitors & legal action) & subsequently ScotCall – threatening doorstep collections – and then numerous phone calls from a call centre asking for payment and offering substantial discounts if we give them a card payment over the phone… and all addressed to my partner, not me. This is no doubt because she’s female and relatively young, and therefore seen as the easy target by the bully boys. Indeed she may have got scared & paid up anyway if I hadn’t been around. Finally, a Final Demand letter from ScotCall – saying that the balance remains unpaid despite their correspondence and that they have no choice but to… return the case to Esporta with a recommendation that they take further action. I’ll keep you posted of any further developments. Let me know if you’re also being harassed for money by Esporta & its cronies on the basis of an unfair contract.

The Royal Mail is the arbiter of all addresses. If it’s not on their database, it doesn’t exist. Thankfully my studio is on the database. So are quite a few other businesses in the local area. However it doesn’t stop the Royal Mail’s employees from deciding that they’re all based here, despite a very clear notice on the door saying exactly which businesses are based here, and even despite other notices that have been posted up at various times explicitly refuting the existence of other business names at this address.

So there I am, regularly left with large piles of other company’s post.

Should I just bin it? I think there’s a law against that, and besides I’d hate to think that another company might be getting loads of my mail & treating it as trash.

Should I play postman? I did for a while, but the novelty of my new unpaid position soon wore thin.

Should I complain? Yes, I’ve done that too. It took weeks for someone to contact me, and then weeks more for someone from Royal Mail to finally come and pick up the pile of by now unforgiveably late mail. And worst of all, the very next day there was yet another piece of misdelivered post.

Now I even have a red “sorry you were out” card on which the postman has written the name of a company never before heard of at (nor depicted on the door of) these premises. I tried calling the 0845 number on the card but their automated telephone system not only failed to acknowledge that these circumstances could ever possibly exist, it also failed to connect me to another human being so that I might report the error. So now whatever it was will sit at the sorting office for a few weeks until it’s returned to sender. It’s such a waste of everyone’s time, energies and resources, and ultimately all down to one man’s utter inability to read and compare simple names and phrases.

Still, perhaps it’s partly the council’s fault. They name and sign everything so confusingly. I’ve had my studio premises for five years now. Almost every day, someone comes in asking “Is this the trading estate?”. “No”, I reply, “this is the business centre, the trading estate is on the next road up”. In fact it’s probably true to say that if I had a tenner for every time it had happened, I wouldn’t need to actually do much work at all; £100 a time and I’d be in clover.

Clover? Hell, I’d even turn vigilante privateer postman.

Just a quick public information notice: Belkin makes the most unreliable, poorly designed, unmitigated rubbish in the world. It’s true. I have owned several items by Belkin, none of which has ever worked properly, and have always given them the benefit of the doubt. But the Belkin Vision N1 router is the last Belkin device I shall ever own. It crashes all the time and I can’t keep a wireless connection for more than 20 minutes or so before it overheats and freezes. They can have it back through their office windows for all I care. I should sue for the amount of lost time and stress Belkin has caused me. None of their products work properly, or at least work for long. The USB hubs regularly need to be unplugged from the mains and reconnected just so they recognise the devices plugged into them. If it says Belkin, just don’t go there. Please. Perhaps then Belkin will actually take notice and produce something decent for once. Companies like this just don’t deserve to exist.

Well well. Barely a day goes past when I don’t get a call from some cocky arse (generally from Manchester) who tells me that they’re calling me on behalf of Google and that they can get me to the top the search results. Read more…

Incredible. This morning (about half an hour ago actually) I witnessed an Adur Council refuse collection vehicle being driven into my childrens’ school at we arrived. The driver was self-righteously waving away parents dropping their kids off at school as he drove the wrong way up a narrow road which everyone voluntarily treats as a one-way street, and tried to maneuvre the lorry into the narrow driveway. I stayed clear, allowing him to pass.

A few minutes later, Read more…

Sometimes I get great service from a company and I’ll write about it. When I find serious fault with a company, I tend to report it on here too. If that company demonstrably puts things right, I tend to report that as well. Alas, that doesn’t happen very often. But recently I had a call from Mr John Collins, Managing Director of Kafevend Group Ltd who claimed that my previous report on Kafevend – an incident involving criminal fraud on the part of Kafevend’s sales staff – had been fully investigated and dealt with. So I allowed Mr Collins to come and tell me the story.

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Sometimes I have a negative experience dealing with a service provider. When I do, I tend to report it here, honestly and fairly. Of course I try to report the positives too, they just get a bit outnumbered. What I absolutely don’t do, however, is to accept offers of money or any other kind of remuneration to remove negative reports, or indeed post positive reports.

Please take note, especially the one (who shall remain anonymous) who contacted me offering me a substantial cash payment if I were to remove the report about them. Tsk. Shame on you. Integrity still counts for something round here you know.

15th September 2008: It was a Monday evening in Brighton, it was getting late for dinner, and we fancied sushi. Moshi Moshi would have been our usual destination, but being closed on Mondays we remembered YO! Sushi in Jubilee Street and decided to give it a try. Perhaps a little glimpse at the competition might prove eye-opening.

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… or how a friend’s 21st birthday party was ruined by Brewer’s Fayre and Whitbread plc at the Nevill Crest and Gun in Eridge, near Tunbridge Wells, Kent.

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