Sue me Nice Try (Softback Preview)

Member Name: tranquillity

Product:	Softback Preview
Date:	30/04/03 (464 review reads)
Rating:

Advantages: One pound books, Excellent Books

Disadvantages: Returning forms, Threaten with being sued, Junk mail

I have been with this company for a long time. What I do is to sign up for the free books for 3 pounds then return all their editors choice recommendation as no, cancel my membership after 6 issues and start all over again.

So I have gotten quite a large selection of books from using this method.

Now the problem started when they started to ask me to pay for the postage for returning the books. Before if I forgot to return my forms I just need to ring up and speak to someone and they'll have White Arrow to pick up my books.

I dont know when this changed but the last time I rang up I couldnt get to a person at the end of the line and only got an option of paying for returning the books from telephone message.

I thought eh? why should I be responsible for paying for the return of the books? It shouldnt be my responsibility because if you have a company policy of sending me a product which I never ordered then its your problem not mine. Legally I have ever right to keep them for free if I wanted to.

So on principles (with hingsight pretty stupid) I just didnt return them as I have no intention of paying the (very small) amount of postage. So they started to send me letters asking me for money. Since they didnt have a phone line with someone I could speak to and I have no intention of wasting my time writing them a letter (at this time I didnt know they had email) I just ignored the letters.

A few months down the line I was threatened with legal action by Westcot Credit Service Ltd. This time they provided a telephone number so I rang up to tell them they can have their book back if they pay for collection. The subsquent conversation was quite funny really.

Now at work I sit right next to our company's legal department so I am pretty clued up on how to sue people and when we sue and when we dont. The truth of the matter is that we try our best to not sue people and always try to negotiate mainly only
as a last resort because it is such a hassle and because in the end we do want to keep our customers and their business.

So I was quite surprise at the tone of the operator when she had absolutely no intention of even attempting to come to an amiable resolution with me at all. Especially in the light of the fact that they have absolutely no case at all... or maybe it is due to that fact.

The conversation when like... yeah I didnt return the books because you changed your company policy and tried to get me to pay the postage for the books... she went but you HAVE to pay for the books... I went eh? but I never ordered them... she went its too bad as you kept them for so long you HAVE to pay for them... (I was thinking yeah like who said? You? Cos is not the law. It IS too bad....for you haha. I have to pay for something because I keep them for too long if there was a contract in the first place but there isnt)... I said umm I never ordered them (ie so was never in a legal contract with you so not responsible for paying for the return of the books.)... she (very obviously not listening at all) repeated again in a angry tone now ... you HAVE to pay for them.

At this point I was feeling sorry for her. She was obviously paid to just read off a script of what to say to a customer in as convincing tone as possible. She knew she had no case and so had to get angry. Let me let you in on a secret... if someone is going to sue you the tone is that of resignation not of anger. When my legal department know that it is more of a hassle to sue someone then it is worth it, we tend to try to threaten them. If we are going to sue someone that is not necessary at all.

Anyway the conversation ended like errh (obviously I wasnt getting through to her) sorry I am just not going to pay.... she went but you HAVE to pay... err no I dont.. she (I think is getting the message now) but you HAVE to (think I hear a bit of pleading now)...errh nope... she (fina
lly getting the message) ok I'll put a note in that you have rang up [yeah thanks alot! :P] but we are still going to proceed with 'the action' [like I give] .. I was like ok.

To cut a long story short, a few days later I received a letter from 'Nelson Guest & Solicitors' to commence legal proceedings if I dont reply within 7 days with the additional usual threats. Then I was sent a letter from 'Debt Enforcement Agency' in bold letters (which if you read in small print is Weston Credit Service again dur!) with the usual threats and further action will be taken blah blah... I was so tempted to ring them up again and tell them to stop sending me junk mail and go ahead and sue me and lets see who wins.

Anyway havent heard from them again. In hingsight I have to say I was really stupid. So I was right... so what? Their offer was fantastic. Now I cant get the same offer again. The only thing which I got out of it was the few editors choice books they sent me which incidently is now worth one pound and in their sign up selection.

So in conclusion do join TSP and remember to say NO to editor choice, cancel, sign up again and repeat you'll have a bunch of good books. And if you forget harrass them to collect the books. Remember is not your responsiblity to pay and tell them that. You sign up for NO COMMITTMENT and getting 6 months free issues. Any subsequent company policy they have like sending you books which you never ask for is not your problem and legally you are entitled to keep them for free.

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