Correspondence from Micro Bill Systems' solicitors

[Andy M]

I (or, to be more precise, Andy Merritt) received a lengthy letter today from solicitors acting on behalf of Micro Bill Systems, and one of their directors, Mr Ashley Bateup.

It's too long to reproduce here, however some points raised are as follows:

Confidentiality Orders

The two directors of MBS were granted Confidentiality Orders on 4th October 2007. These can be granted by the Secretary of State "in respect of directors of any company who believe that they may be personally prejudiced by the public disclosure of their personal information".

Feel free to make of that what you will. Suffice to say that it's now a criminal offence to knowingly disclose the personal details of an individual that is subject to a Confidentiality Order.

Changes to billing procedure

A long paragraph basically explaining how the client (MBS) did not anticipate so many people who'd claim they had not knowingly visited one of their sites.

Client "recognises that there are a proportion of consumers who feel that they have suffered some form of detriment... MBS has implemented considerable changes to both its business processes and Terms & Conditions in order to take account of the concerns that have been expressed on your forum and in other media."

Claims that MBS has "gone to extensive measures" to ensure that it is "impossible" for people to inadvertently download the Software. Sign up process "now involves the need for the consumer to click through [7] separate screens. Each screen emphasises that the website is a subscription-based website for which a subscription fee will be payable if the subscription is not cancelled by the consumer within the first 3 days of the subscription"

I think it's a subscription, then.

Selling on

As the recent Guardian article suggested, MBS is selling the Intellectual Property to its Billing Software to a mainstream technology and media company [undisclosed, unsurprisingly. Andy]

"This company sees the benefits in being able to offer consumers a secure method of subscribing to a website that does not require them to wait... does not require the input of any personal or financial information."

"Shortly after the acquisition MBs will cease to trade. It is hoped that the use of the technology within the mainstream sector will avoid the issue of individuals refusing to admit to their partners where they have genuinely downloaded the Software. From discussions with Trading Standards and the Office of Fair Trading it is clear that such cases represent a significant proportion of the individuals that complain and make allegations regarding our client"

So, not all then?

Invite

I have also been invited to attend MBS' premises "so that it can take you through its new business processes" for the purpose of commenting on them.

I'm not convinced that this is a good use of my time. I'll only be told what MBS want me to hear, and I can't justify taking a whole day or more out to do this.

I'm not sure whether I can nominate a representative to take my place. If anyone's interested, let me know and I can run it past them. I need to provide a response within the next 7-10 days.

[jonlewi5]

wish i had seen this sooner, i would have been willing to go down to their premises (not too far from me)

just out of interest do you know how they got hold of your personal information??
im guessing maybe a whois of the domain name??


anyway, surley the people who granted this "confidentiality order" would realise that any business person requiring these would be involved in some sort of shady business tactics.

iv personally been out of this for a few weeks, been REALLY busy lol, but need to get back onto this again.

one thing which does worry me though is this line

"MBS is selling the Intellectual Property to its Billing Software to a mainstream technology and media company "

seems to me we could be seeing more and more issues like we have been seeing.
At least one thing good will come out of that, MBS will be putting themselves in the spotlight, more and mor epeople will become aware of there business ethics etc and hopefully someone will jump in and tell them enough is enough.

ahh nothing wrong with a nice ramble every now and then

jon

[Andy M]

Hi Jon,

MBS's solicitors sent me an electronic message via my contact form (which doesn't reveal my email address directly) asking for my email address as they wanted to send me a letter from MBS.

As I have nothing to hide (the domain name is blocked, mainly to avoid snailmail spammers) I volunteered my postal address — it's always better to have things like this in writing in any case.

The letter was sent on 14th February. I don't see why they wouldn't allow someone else to visit the premises instead — would you like me to ask them?

[jonlewi5]

I would be willing yo go there and speak with them, would need to check my work rota like but im sure i could find the time

[mjerry]

 hi andy

i just joined you recently. ido not know of mbs, but i know of platte media/platte international.
they are the representative or i say the collector for the site getfilmnow.
the icon appeared on my screen i don't no how but i tried to get rid of it several times with no luck so i i clicked on it and it came up that a bill for the some of £29.99 is due. as idont recall that i have signed nor joined any site i rang them next day that was the second of april and there was a recorded massage that the service is down and to try latter.
on the 3th of april i rang the company on 08450178386 and the lady who answered the phone i gave her the ref no and she confirmed that the bill is over due on the 1st of april and she confirmed to me that some one must have regiterd with getfilmnow, i confirmed to her that only who uses the computer and that i have no communication with getfilmnow nor that i have username or password or any e-mail from them she inssissted on what she said and i asked her that a e-mail was send on the 2nd of april and a copy of it is available to platte services inquiries to inform them about fraud subscription and that it should be canceled with immediate effect as i am not going to foot the bill she denied any e-mail was received so i asked her to cancel this "fraud" subscription she agreed and i repeated to her and she confirmed that the subscription is canceled but i still have to setell the bill, she asked for my post code but her request turned down, then she said the needed details they will get it in time from my IP.
the icon still on the computer and the reminder comes on every now and then.
 i also send to them a copy of the e-mail they denied to receive it.
checking IE explorer and the use of file search , i came up with platte media and nothing came before 11pm on the 1st of april and it showed that the icon was deleted twice this is followed by two e-mails i mentioned before.
checking on the computer i found a trojan and tracking cookies which the software removed but the icon still there.
it is a sinister way platte method of downloading a software as i can find nothing in my computer which points to the so called getfilmnow.
 
 

[mjerry]

 

  dear Andy

 in response to the solicitors letter saying that the registration takes you through 7 screen and each shows that the site is subscription based after the first 3 days is not true and i as a victim to them categorically state that did not happen and i had a definite feeling that a trojan is involved to trick you in regitering with the site and that is done through a third party.
 i would be gratefull if you let know how i could start the posting pole you mentioned so that i can write into the site.

awaiting urgently your reply
thanks
dr.hussein

 

[Abusebyit]

Their comments about registering are rubbish.  I have never signed up to anything or visited their sites.

MBS / Platte are a bunch of con artist / criminals and their solicitors are probably the same. 

Platte Media's lawyers have threatened legal action if certain comments made by members of this forum are not removed. They believe that they are "references that could incite violence". This is a matter of differing opinion, naturally, but we have complied to protect the forum as it stands. Presumably, they have no problem with some of the other statements (see above paragraph, for example) or they would have asked for their removal also. I wonder what that says? Well, you can work that out, and if you publish it here, maybe we'll get another letter from Platte Media's solicitors!

[ForumFriend]

Abusebyit:  You are clearly very upset, and you are not alone in being so, by the way you feel you have been treated by Platte/MBS.  This is understandable.

As a public forum, I am obliged to point out that your views are your own, and that the moderators would be foolish to endorse them here.  Furthermore, it has to be pointed out that the Forum would, in no way, encourage or endorse any illegal action against these companies or any of their directors or personnel.

As I have already said, however, we do understand how very upset you are feeling, and therefore have left your posting here as an expression of your distress.

[ForumFriend]

A quick PS to my earlier posting:  Abusebyit, I would urge you, if you haven't already done so, to express your concerns in the ways already suggested here as it will not be ignored.

[Abusebyit]

Service Temporarily Unavailable
The server is temporarily unable to service your request due to maintenance downtime or capacity problems. Please try again later.


--------------------------------------------------------------------------------

Apache/2.2.4 (Win32) Server at www.oft.gov.uk Port 80

This is the message through that link and has been for some time.

From my experience:  The authorities take no action and to all intents and purposes ignore any representations unless they are directly affected.

Platte Media's lawyers have threatened legal action if certain comments made by members of this forum are not removed. They believe that they are "references that could incite violence". This is a matter of differing opinion, naturally, but we have complied to protect the forum as it stands. Presumably, they have no problem with some of the other statements, or they would have asked for their removal also. I wonder what that says? Well, you can work that out, and if you publish it here, maybe we'll get another letter from Platte Media's solicitors!

[ForumFriend]

Abusebyit:  There have been a number of internet problems today, as I've observed from other (non government) websites.  I've never had problems with the OFT site, so I think you'll find you can get through later on.

Please let me assure you that following these routes does produce action.  The OFT have acted, albeit perhaps rather cautiously, as a DIRECT RESULT of complaints from, amongst others, myself.  They are already under pressure about this particular issue, and MBS/Platte have had to give legal undertakings to them.  This has all - and I know this for a fact - been as a result of applying pressure upon them to act.

If MBS/Platte Media fail in their undertakings to the OFT, they will be criminally prosecuted.  They will - take my word for it.  The OFT is under pressure not only from consumers, but also from the BBC and elsewhere.  If you, or others, take direct action, you/others will become criminals yourselves.  Whatever the truth of the matter, it won't be MBS/Platte Media who take the can.

Your anger is understood, and not being minimised.  Just be careful of yourself, and channel your anger through the recommended routes, which will produce results in time.

[ForumFriend]

This is working = I've just been there.

[Public Relations - Platte]

We would like to point out, that in our earlier postings, we requested that people use these forums to post real queries and problems that they experience in a bid to assist people who have genuine concerns.

Whilst we decline to comment on the threatening nature of the post, we would respectfully request that the moderators consider the message that this sends out to the people who have genuine issues.

It is fact of all businesses, that when a customer does not get the answer they want, the business is always deemed as wrong.

Unfortunately there will always be users who have grievences, We can catagorically state that no download of our software takes place in any other way than stated previously.

We read all the postings on all the forums and independantly of our claims, can confirm the software installation process has been verified. Please bear in mind, when reading previous posts and claims, that the installation software requires a pin number to be entered by the user, prior to the completion of the installation.

We are not a scam company and engage with all our customers as fully as possible. We urge people to read posts on all forums to be fully informed.

To the Moderator-
We welcome the recent post by this forum to place the contact information of the OFT and trading standards, Please also add our own contact information to this post to ensure your readers have the opportunity to discuss any issues with us directly.

Please continue to post constructive comments and we will address as many issues as possible.

Platte Media

[jonlewi5]

can i request that you answer some questions i posted for you here : http://mbsvictims.org.uk/index.php?topic=96.0

[ForumFriend]

Public Relations Platte:

We would like to point out, that in our earlier postings, we requested that people use these forums to post real queries and problems that they experience in a bid to assist people who have genuine concerns.[

Firstly, this forum is not here for your benefit, and therefore it is up to individual members if they wish, or not, to use the forum to have contact with you. 

Whilst we decline to comment on the threatening nature of the post, we would respectfully request that the moderators consider the message that this sends out to the people who have genuine issues.

It is abundantly clear from my response, as moderator, that this forum does in no way condone such threats and actively discourages any illegitimate action by its members.  We believe we have consistently acted in a responsible manner by making this clear on the forum.  However, as also stated by me, it is the extreme distress caused by your billing methods which cause people to react in this way, and the post has been left to illustrate the degree of anger which people feel.

It is fact [sic] of all businesses, that when a customer does not get the answer they want, the business is always deemed as wrong.

This is your opinion.  In my experience, it is not invariably the case.  And, speaking personally, I have never seen such a high level of dissatisfaction with a company as that expressed towards yours/your predecessor's.  I don't recall ever seeing  a similar forum for companies like Marks and Spencers, or other major retail players, do you?

The rest of your posting mainly relates to your claims that everything about your method is legitimate.  This is your opinion.  It has to be weighed, however, against the opinion of many others who have found the contrary to be the case from their personal experience and the fact that the Office of Fair Trading have felt compelled to extract undertakings from your company.

Just as this forum will not endorse threats to your company, neither will it endorse your claims to the legitimacy of your methods.   The level of complaint about your company clearly illustrates that, from the point of the consumer, all is not as they would expect it to be.

Anyone who has been affected by your billing methods will already have contact information, or can readily find it on the internet.  We aren't here to assist you, we are here to assist people who feel they have a genuine grievance against you.  Please accept, therefore, that we do not intend to act as a publicity arm for you or your contact details.

Believe me, as somebody who has committed a great deal of time to this forum, I'd be heartily glad to be able to say that all was fine and dandy and to get back to some serious gardening