I have just (hopefully) finished dealing with a similar case. I cancelled but 1 and 1 claimed to have had no record of it and kept trying to charge until matters went first to Arvato and then to H & L. To anyone who hasn’t yet sorted out any disputes with them tell them that you would like a full subject access request including all call recordings. Then tell the person who writes to you (usually under a fabricated name like “John Keefer”) that you look forward to seeing them personally in court.

If you would like anymore advice on how I finally got some sense out of them please feel free to get in touch.

Sanj

Regards,
Paul.

Subject: ref; 935192916911
Date: Tue, 8 Jun 2010 09:34:43 +0100
From: Collections@arvatofinance.co.uk
To: phill.sylvesterXXXXXXXXXXXX
Dear Phillip Sylvester,

Thank you for your recent communications regarding the above account.

However, unfortunately due to the fact that we have been in contact with our client regarding this and they have advised us to proceed with the collection of the outstanding £49.44.

We have done our job by contacting 1&1 to make them aware of your position, and help forward your beliefs. But as they are our client we now can only act synonymous with their requests. These requests are for ourselves to continue the collections procedure.

Any further queries or to make payment arrangements, contact us on 0870 125 8809.

Regards,
___________________________________________________________________________
From: phill.sylvesterXXXXXXXXXXXX
To: collections@arvatofinance.co.uk
Subject: RE: ref; 935192916911
Date: Mon, 5 Jul 2010 11:59:10 +0100
I believe that I have suffered harassment and your company is implemented I would like details of your governing body so that I can make an official complaint.

Phill Sylvester
¬¬¬¬¬¬¬¬¬¬¬¬
From: Phill Sylvester [mailto:phill.sylvesterXXXXXXXXXXXXX]
Sent: 06 July 2010 17:05
To: Collections, Arvato Finance UK
Subject: FW: ref; 935192916911

Dear AFS

You have contacted me regarding the account with the above reference number, which you claim is owed by myself/ourselves.

I would point out that I have no knowledge of any such debt being owed to (1 and 1 internet ).

I am are familiar with the Office of Fair Trading debt collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question.

I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

I look forward to your reply.

Yours faithfully
Phill Sylvester
¬
RE: ref; 935192916911‏
From: Collections@arvatofinance.co.uk
Sent: 06 July 2010 18:14:23
To: phill.sylvesterXXXXXXXXXX
1 attachment
image001.png (22.5 KB)

Dear Mr Phil Sylvester,

Thank you for your e-mail. Please be advised that we are no longer in pursuit of the balance outstanding. Your file has been closed and referred back to the creditor.

Any further queries must be redirected to 1&1 Internet Ltd.

Regards,

Cassie
arvato finance services Limited
Block2
Willerby Business Park
Willerby
United Kingdom
HU10 6FE

http://www.arvatofinance.co.uk
collections@arvatofinance.co.uk
Hope this helps also I have reported HL Legal to the Legal Complaints concerning their involvement regarding harassment
Phill Sylvester

Absolutely disgusted to hear of your case, and yet further evidence of the malpractice of this company. Many thanks for sharing your story, and do let us know how things go.

Paul.

According to 1&1 own T&C you can terminate the contract by putting it in writing. In August last year I did because due to the economic down turn my company had ceased trading and was de-solved, not owing anyone I might add. Also as the company had ceased trading I no longer had access to the email address that I set the account up in.

After not hearing from 1&1 I chased it up with an email, as per their T&C what then followed was 3 months of 1&1giving me the wrong information and the even told me it was cancelled in the end I told them I had fished with them and I did not want any more to do with them.

In April this year I was contacted by Arvarto Finance Services not only for this account but also for another account, another month went by of me explaining why I did not owe the money. I am the informed that I don’t owe the money on one of the accounts. They were however perusing me for the other one. I took some legal advice and wrote to both 1&1 and Arvarto Finance telling them I did not owe the money and to stop bully in me and if they did not respond within 10 days I would consider the mater closed. 2 months pass and nothing then Arvarto finance contact me again I am now in dispute with 1&1 for £30.00.

Recently I received a letter from H L LEGAL & Collections in association with Sampson & Co they have now given me 7 day and have threatened me with court action. I rang H L LEGAL and funnily enough they knew nothing of the case. This raised my suspicions I was finally passed through to a Mr Carl Wiltshire who not only told me he was a solicitor but I think he also told me it was his family business. Mr Carl Wiltshire then told me that his company did not send the letter but I think he said the company name was licensed to Arvarto Finance. I told him I thought that it was illegal to do that as I felt that the letter did not make it clear who the company was or their roll with Arvarto Finance As it is unfair to communicate, in whatever form, with consumers in an unclear, inaccurate or a misleading manner. Also it is wrong for companies to ignore disputes about whether you owe the money and refuse to freeze action if you dispute the dept.

I sent Mr Carl Wiltshire the information and he emailed it to Arvarto Finance.

Happy to put my name to it Phill Sylvester

1and1 is ruining people’s credit if people let their subscription expire. That’s crazy! I have plenty of hosting accounts on the internet, so I am very familiar with hosting policies. When a subscription expires, and your card is expired, your prepay doesn’t go through. That then cancels the account.

But I guess 1and1 finds that it’s profitable to send people to the NCO collection agency if they don’t prepay for the next term without clicking the ‘cancel’ button, which is not even available on your control panel!

Anyone else think this is an unfair business practice? I think we should contact the Abbey Spanier law firm and file a class action lawsuit!