Direct Line letter to Befuddle Limited

[ian-d]

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Just received this via private message:

Dear Ian-d

Thank you for your recent post regarding the ‘Direct Line letter to Befuddled Limited’ subject on the A4U Forum.


RBS Insurance are very keen to resolve any potential miscommunication with approved affiliates as soon as possible. Please therefore can you supply me with your OMG AID, the website registered with OMG and if different, the website referenced in any communication to enable RBS Insurance to investigate the matter further for you and ensure a swift resolution.

Thanks in advance, I look forward to hearing from you.

can you please contact either stephen.seage@onlinemediagroup.co.uk or laura.goodsell@onlinemediagroup.co.uk

Laura

I don't even have an OMG account, was merely commenting on what I'd do!

[bburgess1]

Ray..
I have received a letter today from Pinsent Mason listing three websites that I own.. They say following discussions with their clients, they will not take any further action in relation to these websites. They offered no apology.
The whole thing has been a nightmare with the loss of three websites, the distress it caused and that just seems to be all in a days work! I accept that I didn't do things right in relation to the letters due to panic taking over!
Thank you for bringing this to the attention of the forum, for which I am really grateful, it would probably gone by not noticed had you not brought it to light!
Once again, many thanks.. Barbara

[hpops]

Just received this via private message:



I don't even have an OMG account, was merely commenting on what I'd do!

Ian, not sure if its good form to show the PM here? Not sure what others think.
I also received the pm for responding to the thread and I think it shows great form from OMG to follow up this distressing issue in the way that they are.

To both Ray and Barbara I sincerely hope that this draws a line under this whole issue for you - it must have been awful.

[ian-d]

Ian, not sure if its good form to show the PM here? Not sure what others think.

I don't think it matters in the same way as those that have posted up emails from them; if OMG are keen to resolve then why not share, but the point I'm making is that I only responded to the thread, I don't see any reason why I've received a PM for a specific request of my user details. I was never involved in a particular incident myself.

[bburgess1]

Ian, not sure if its good form to show the PM here? Not sure what others think.
I also received the pm for responding to the thread and I think it shows great form from OMG to follow up this distressing issue in the way that they are.

To both Ray and Barbara I sincerely hope that this draws a line under this whole issue for you - it must have been awful.

Many thanks for your kind concern..

I would really like to add that my distress has in fact turned to anger.. and wish I could draw a line under it.. the letter from Pinsent Mason was curt with no apology, I lost three sites (albeit my own fault, no backup!) and the worry and upset it caused.

I believe that in this instance, anything that has been written on this thread was justifiable, it was serious, the allegations in the letters affected my reputation. It proves that RBS, the Networks, the Agency haven't a clue what is going on, OMG is only a small part of it and I think are genuinely trying to look after the affiliate.

I was due for another letter, re: another site, I would have lost that one too.. plus it would have cost £250 plus VAT each site (four in all) only for the fact that Ray had the sense to write it on here.

I know that your own interest in this thread is that you care and I sincerely thank you for that..

Barbara

[lauriebred]

If you ever get threatened by a bunch of lawyers, and you feel that you are being bullied unfairly, the answer is simple; let them do their worst and then ask for the matter to be referred to the Small Claims Court for arbitration. If the claim is for less than £5,000 it is likely that your request will be successful. You must also ask for the case to be heard in your local county court and if the plaintiff is a large company and you are an individual or run a small company there is a very good chance that you will be successful. You must then dispute the claim and the court will probably ask your oponents to justify the sum they are claiming and if they cannot do so that is the end of the matter. If they can indeed justify it a date is set for the hearing but whether you win or lose the plaintiffs can only claim an absolute pittance for legal costs and if the case is, indeed, heard in your local court their costs could be considerable. If you do in fact lose the case (which is certainly not a foregone conclusion) the judge will only order you to pay whatever is strictly reasonable, which can be very different indeed from what is claimed, and provided that you pay up promptly there is no adverse entry on your credit record.

Many lawyers rely on people's fear of the legal process but this fear is not necessary. In the vast majority of cases, if the defendant puts up a fight the plaintiff is on a hiding to nothing because although the lawyers will want to be paid it is very unlikely that an unsuccesful defendant would be asked to contribute anything worthwhile towards the bill. Result? Those who give in to bluster and bullying pay the price, those who refuse to be intimidated have a very good chance indeed of success. And that is without counter-suing for the time taken off work because of the stress of it all; but be sure that you have documented every farthing, because you will, like the plaintiff, be exected to prove it. Dreadful thing stress, it can stop people from working for months or even years.

If you are unsure how to do all this talk to your local Citizen's Advice Bureau, they can either guide you through the process or point you towards someone else who can. Finally, forgive me if this last bit of advice sounds a bit blunt but it has to be said: If you feel that you cannot face a battle like this then please be realistic and ask yourself whether or not you are really cut out for business, because this is the sort of problem that you need to be able to take in your stride.

[befuddle]

4pm, 27th March 2009 has passed. I'm off to the pub

[bburgess1]

4pm, 27th March 2009 has passed. I'm off to the pub

:laugh at least you brought a smile...
Barbara

[bburgess1]

If you ever get threatened by a bunch of lawyers, and you feel that you are being bullied unfairly, the answer is simple; let them do their worst and then ask for the matter to be referred to the Small Claims Court for arbitration. If the claim is for less than £5,000 it is likely that your request will be successful. You must also ask for the case to be heard in your local county court and if the plaintiff is a large company and you are an individual or run a small company there is a very good chance that you will be successful. You must then dispute the claim and the court will probably ask your oponents to justify the sum they are claiming and if they cannot do so that is the end of the matter. If they can indeed justify it a date is set for the hearing but whether you win or lose the plaintiffs can only claim an absolute pittance for legal costs and if the case is, indeed, heard in your local court their costs could be considerable. If you do in fact lose the case (which is certainly not a foregone conclusion) the judge will only order you to pay whatever is strictly reasonable, which can be very different indeed from what is claimed, and provided that you pay up promptly there is no adverse entry on your credit record.

Many lawyers rely on people's fear of the legal process but this fear is not necessary. In the vast majority of cases, if the defendant puts up a fight the plaintiff is on a hiding to nothing because although the lawyers will want to be paid it is very unlikely that an unsuccesful defendant would be asked to contribute anything worthwhile towards the bill. Result? Those who give in to bluster and bullying pay the price, those who refuse to be intimidated have a very good chance indeed of success. And that is without counter-suing for the time taken off work because of the stress of it all; but be sure that you have documented every farthing, because you will, like the plaintiff, be exected to prove it. Dreadful thing stress, it can stop people from working for months or even years.

If you are unsure how to do all this talk to your local Citizen's Advice Bureau, they can either guide you through the process or point you towards someone else who can. Finally, forgive me if this last bit of advice sounds a bit blunt but it has to be said: If you feel that you cannot face a battle like this then please be realistic and ask yourself whether or not you are really cut out for business, because this is the sort of problem that you need to be able to take in your stride.

Totally agree with the last paragraph..
Barbara

[befuddle]

If you feel that you cannot face a battle like this then please be realistic and ask yourself whether or not you are really cut out for business, because this is the sort of problem that you need to be able to take in your stride.

The experience will certainly toughen me up as a business person and make me even more hard nosed.

We know now that they wanted a £250 payment but what was stopping it being ten or hundred times that amount?

What would the cost for me be to challenge that £250? A lot more I reckon.

I've probably 'lost' a similar amount from the time I've spent worrying and talking about this issue rather than updating my website and generating commissions.

I've merchant's that have unpaid invoices to me in the £thousands but you shouldn't have to battle affiliate marketing issues out in the courts.

It's not my way at least.

[hpops]

I've merchant's that have unpaid invoices to me in the £thousands but you shouldn't have to battle affiliate marketing issues out in the courts.

It's not my way at least.

Couldn't agree more Ray

[bapages]

My advice now is to draw a line under the saga and move on. Whilst you worry and vent anger you are becomming distracted from the main issue of making money.

[lauriebred]

My advice now is to draw a line under the saga and move on. Whilst you worry and vent anger you are becomming distracted from the main issue of making money.

Sure you don't let it worry you, all these problems are part of being in business. A good legal battle can be great fun though, it doesn't cost much in the small claims court and although it's not as exciting as going out reaving and slaughtering the neighbouring tribes at least you don't get your feet wet or ruin your clothing so look upon it as recreation rather than work.
:laugh

[Flightmapping]

"I appreciate that the company under discussion is a legitimate enterprise attempting to safeguard intellectual property but there are many, many sharks out there and you have to be able to stand up to them, or at least avoid them as much as possible."

Having just read the entire thread, I think this has to be the biggest irony of the whole saga. I hate RBS with a passion, and this was due to a whole load of screw ups they committed back in September 07 with my current accounts, long before any of the current mess blew up.

The idea of the phrase RBS and legitimate enterprise being used in the same sentence is quite frankly laughable, and as for brand protection, Fred the Shred screwed that up long before they needed to send out any legal letters threatening innocent affiliates. I'm sorry to those who think so, but RBS are not innocent bystanders in this situation at all, they are the ones who requested the solicitor's letters.

[Qui Gon Jinn]

Another incident same company's involved

http://www.affiliates4u.com/forums/o...tml#post506862