Numeo - beware...

[ChrisandJulie]

Following the saga posted elsewhere in this (and another) forum, we appear to have been billed by Numeo for a service they haven't provided.

We expressed an interest in their Wimax product, but after consultation with neighbours, and a little research on the web, thought better of it.

Having waited weeks (and with no reply to attempted contacts) the kit arrived out of the blue, without explanation or any other information.

We duly sent it straight back, recorded delivery, with a letter explaining that we were returning the equipment within 7 days as prescribed by French law, and that we did not wish to avail ourselves of their service, and with an instruction NOT to initiate the direct debit with our bank. We also sent a copy of the letter to them separately. We received the acknowledgement of their receipt of the parcel containing the equipment.

We thought that would be an end to it.

Today, ( a month later) we notice that there is a charge from Numeo for 29.99 Euros on our bank statement. So we are not best pleased.

My advice is to AVOID LIKE THE PLAGUE!

Chris

[gallicolelegallipote]

Through your ignorance of french contract law you have entered into a contract of duration probably 12 months or even possibly 24 months.
The resiliation from the contract will usually be done in the manner specified in the contract; this notification is usually 3 months before the renewal date.
As you have NOT apparently even commenced any VALID steps to arrange by mutual agreement an earlier determination of the contract, you may duly expect debits from your account to be continued.
In the event of you not paying as specified in the terms of the contract, you will of course expose yourself to legal proceedings by Numeo to recover the total amount corresponding to the complete term of the contract and any additional "dommages et interéts that the Tribunal may in it"s wisdom decide.

[ChrisandJulie]

Well, gallicolelegallipote, that's me put in my place! Whilst I'm eternally grateful for your comments, you offer no advice in terms of the correct procedures.
We went through the processes that we were advised to. I've no sure way of knowing whether or not they were correct. Suffice it to say, we have done all in our power to advise these people that we no longer require the service they may or may not be in a position to provide. As it is, we have no means of using it anyway. They do not respond to telephone or other contact, neither do we have (nor have we seen) a contract.

According to French consumer law, Article L121-20, we have "seven clear days to exercise our right of withdrawal without having to give reasons or pay penalties".

Maybe if you deign to reply to this, you might be a little less abrupt and a little more helpful

Chris

[gallicolelegallipote]

I remember a lady recently with a similar situation, where she "escaped" from a cell phone contract due to the fact that there was no signal at her place of residence. The thread may have been removed I cant seem to find it.
Be interested in a link to your consumer law reference.

[TempsPerdu]

I would think it's a similar law to the 'Distance Selling Law' here in UK I wouldn't be surprised if this was a European Directive by now, because with internet commerce firms like Amazon will supply you from where ever they have stock.. This sort of law includes a 7 day cooling off period to allow you to cancel any contract you might have entered in to.

Out of interest Chris and Julie did you check that they had received the equipment back again?

Steve

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À la recherche du temps perdu - In Search of Lost Time and Remembrance of Things Past

[mlonghurst]

[gallicolelegallipote]

[mlonghurst]

when to my knowledge he actualy has no formal legal qualifications at all.

Actually, to my actual knowledge I actually do not have any actual qualifications of any kind whatsoever, of course, actually speaking.



But your response to the OP's question of

[yatesy]

Chris, it seems to me that you have done everything that you should have done to cancel the contract. Suggest you make an appointment to see someone at your bank. Take all documentation and I'm sure they'll advise you what (if any) further steps you need to take and, at the same time, make sure the direct debit is cancelled.

Let us know how you get on.

Sue

[ChrisandJulie]

Thanks to those who posted sensible replies, I'll let you know how we progress - yes, we did receive a receipt from Numeo for the returned parcel.

My information is from Legifrance - Le service public de l'access au droit, Order No. 2001, art 5 and art 11 Journal official of 25 August 2001, Article L121-20, for the benefit of gallicolelegallipote.

Chris

[gallicolelegallipote]

[ChrisandJulie]

So, gallicolelegallipote, does that mean, with hindsight, that your initial reply is rescinded, and that I just may actually have a point (and the advantage) legally? And that I am not a complete dummkopf as you originally suspected?

Chris

[NannyP]

I have been unable to find my thread about our problems with Alice.

Alice failed to supply a service to us, but took money from our account. Luckily, I spotted it in time, and the bank managed to draw it back. meanwhile, Alice continued to insist I owed them money, and ignore countless letters from me, at first in French, and then in English....eventually Recorded Delivery, including every letter I had written them. This still did not work, and we received a letter from the baillif (sp).

We were advised to go to our local Tribunal d'Justice Instant (I think that's what it is called?), which we did along with our dossier of letters. They helped mark fill in a from and make a statement, and copied the letters. They then set a date for a Tribunal hearing. They obviously invite dear old Alice to come along.

A week later we got a letter from Alice, retracting their claim, yet somehow not accepting that they were wrong. The tribunal hearing did not take place and we had no further correspondence with Alice.
OH, AND THEY TOLD ME I SHOULDN'T TELL ANYONE


Keep every letter, email and letter from Numeo....and send everything recorded delivery. Write to you bank (I did) and tell them you are not receiving a service, so they shouldn't pay. This may not work, as bank cannot actually apply your instructions to a Direct Debit (or something)..so you may need to repeat your instructions to your bank in person (we did).

If you can read French, this site might be helpful.
http://www.maison-facile.com/011article_rubrique.asp?num=479

Good Luck.

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Change will not come if we wait for some other person or some other time. We are the ones we've been waiting for. We are the change that we seek.
[b]Barack Obama[/b]

[ChrisandJulie]

Thanks, NannyP. Everything we've sent to Numeo has been registered. The frustrating thing is they've never sent anything to US! They don't reply to E mails or letters. As a matter of interest, have you heard any more about your expected Wimax stuff?

Chris

[NannyP]

Alice didn't reply to our letters either, seems par for the course. They sent me lots of letters, but none in response to my letters

We spoke to someone at Numeo last week, we should have received the equipement in 2 weeks, but didn't. She said they will send some to us, although they hadn't any in our area, so it could be 3 weeks.....I hope it works

_________________
Change will not come if we wait for some other person or some other time. We are the ones we've been waiting for. We are the change that we seek.
[b]Barack Obama[/b]