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  1. #1
    Join Date
    Apr 2013
    Posts
    59

    how to deal with this webhosting company

    Hi all,
    Last Month on 08/21/2013, I bought a server from fortatrust.com
    The server was pathetic and their support was even more worse. How? I ordered a server for $3.95, they added a $0.38 tax on it and then my total cost for server was $4.33. I ordered 64 bit version of Ubuntu and they installed a 32 bit version of CentOS. When I asked them to reinstall operating system, they asked me to pay $10 for it. Does it make sense? i can buy two more servers in $10. Why would i pay $10 for an OS reinstall? Crazy people!

    Since they were having a 7 days money back guarantee I asked them to cancel my server and give my money back. Then they replied me with their cancellation policy

    If you insist on cancelling, for security reasons, all issues regarding cancellations are processed exclusively via telephone, per our terms of service.
    When I tried calling on their number, nobody picked the phone. Nobody is there to attend your call. Since it was only $4.33 I then didn't cancel the server and left it there to cancel automatically at the end of the month. I then bought another server from some other provider.

    On 08/21/2013, I got email from them that my server has been suspended.

    Dear ***,

    This is a notification that your service has now been suspended. The details of this suspension are below:

    Product/Service: FortaCloud - Elastic Cloud VPS Full
    Domain: vm4024
    Amount: $29.55
    Due Date: 09/21/2013
    Suspension Reason: Overdue on Payment

    Please contact us as soon as possible to get your service reactivated.

    Thank you,

    Team FortaTrust
    I didn't care for that suspension because that server was useless for me. I ignored that email.

    on 09/22/2013 I got another mail from fortatrust

    It's was strange because I didn't pay them with my credit card. I used Paypal to pay them. So how could they get my credit card number. Also I replied them with

    I don't want to continue service with fortatrust.

    Thanks
    And from that day onwards, they are constantly threatening me to pay them money. Today I got another mail from them.

    Dear ***,

    Please be advised that the undersigned represents FortaTrust USA Corporation (“FortaTrust”) in connection with your delinquent debt arising from 532779 which was generated on 08/29/2013. As a result of your failure to tender payment in accordance with the terms set forth in the FortaTrust Service Agreement, your account has been assigned to this law firm for collection.

    THIS IS YOUR FORMAL NOTICE THAT DEMAND HAS BEEN MADE UPON YOU Shubham Nishad (Come2Chat) TO PAY YOUR OUTSTANDING DEBT IN THE AMOUNT OF $48.85 WITHIN THIRTY (30) DAYS OF YOUR RECEIPT OF THIS COMMUNICATION. YOUR FAILURE TO COMPLY WITH THIS DEMAND WILL RESULT IN YOUR ACCOUNT BEING ADDED TO BOTH YOUR PERSONAL AND CORPORATE CREDIT REPORTS (EQUIFAX, EXPERIAN, CIBL, CreditInfo and TRANS UNION), AS A TERMINATED ACCOUNT DUE TO INSUFFICIENT FUNDS WITH YOUR FINANCIAL INSTITUTION AND MAY RESULT IN THE INSTITUTION OF LEGAL PROCEEDINGS AGAINST YOU.

    Be further advised that, in addition to a judgment being entered against you and/or your company for the amount of your debt, you may also be liable for payment of reasonable attorney fees, costs, and pre/post judgment interest to the maximum extent allowed by law.

    In the event you are represented by an attorney in connection with your delinquent account, please provide your attorney’s full contact information, including name, address, phone number, and email address so that further legal communications relating to this debt can be addressed to your attorney.

    Your payment method is: Wire/Bank Transfer

    Invoice: 532779
    Balance Due: $48.85
    Due Date: 09/21/2013

    For your convenience, you can login to your client area to view and pay the invoice at http://accounts.fortatrust.com/viewi....php?id=532779

    Your login details are as follows:

    Email Address: ***
    Password: **********



    Please govern yourself accordingly.


    Michael Espstein







    You have thirty (30) days to dispute the validity of this debt. If you dispute this debt within thirty (30) days, this firm will obtain verification of the debt.

    The information contained in this e-mail message is intended only for the confidential and personal use of the recipient(s) named above. The message may be an attorney-client communication and/or work product and, as such, is privileged and confidential. If the reader of this message is not the intended recipient, you are hereby notified that you have received this document in error and that any review, dissemination, distribution or copying of this message is strictly prohibited. If you have received this communication in error, please notify us immediately by e-mail and delete the original message.







    NOTICE REQUIRED BY THE FAIR DEBT COLLECTION PRACTICES ACT

    (15 U.S.C. 1692, as amended)

    1. 1. The amount of the debt owed to FORTATRUST USA CORPORATION is subject to determination, but consists of the amount due under a membership agreement.

    2. 2. FORTATRUST USA CORPORATION is the creditor to whom the debt is owed.

    3. 3. The debt will be assumed to be valid by the creditor's law finn unless the debtors, within 30 days after receipt of this notice, disputes in writing the validity of the debt, or any portion thereof.

    4. 4. If the debtors notify the creditor's law firm in writing that the debt, or any portion thereof is disputed, the creditor's law firm will obtain a verification of the debt and a copy of the verification will be mailed to the debtors by the creditor's law firm.5.

    7. 7. The above referenced law firm is a debt collector and is collecting a debt and any information provided by the debtors may be used to assist the creditor in collecting the debt.
    Please advice me how to deal with them. Also if somebody want a proof of whatever I wrote here, just post it here and I can give you.
    Last edited by electron_prince; 09-28-2013 at 04:49 AM. Reason: removed name, email removed

  2. #2
    Join Date
    Oct 2010
    Posts
    4,694
    I take it your read their terms of service before signing up?

    Just some a reminder on some of the details regarding cancellation:

    1. You must provide your cancellation notice 31 days prior to the renewal of your next term.

    2. Your account must not include an outstanding balance (unpaid invoices). If it does, we recommend you bring your balance current before calling our cancellation department.

    3. Your cancellation will be verified by using the information we have on file by our cancellation department. Please call from the telephone number we have on file for you.

    4. After your cancellation is processed, no other documentation is required, and your cancellation will be processed
    4. Payments and Fees:
    Credit cards that are declined for any reason are subject to a $1.00 declination fee. Service will be interrupted on accounts that reach 10 days past due. Service interrupted for nonpayment is subject to a $50 reconnect charge. Accounts not paid by due date are subject to disconnect within 7 days. Accounts that are not collectable by FortaTrust will be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $50 nor more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.
    Did you cancel your service? If you didn't, the terms you agreed to state that they will renew it, and pass to a collection agency in case of non-payment.

    If you cancelled the service, send proof of this to the collection agency. That is disputing the debt, which they've said you can do.

    If you didn't, it's up to you what you do next. I'm not going to advise you not to pay, as the collection agency will follow through - that's their job. You may wish to pay this one, and make very sure it's cancelled before next month.

    The problem began when you weren't able to reach them on the phone. I'm not sure why they only accept cancellations by phone (that's an unusual policy). I hope you get this sorted.

  3. #3
    Join Date
    Apr 2013
    Posts
    59
    Quote Originally Posted by JamesOakley View Post
    I'm not sure why they only accept cancellations by phone (that's an unusual policy). I hope you get this sorted.
    Because they don't want to cancel the service.
    And I didn't cancel the service as they weren't receiving my phone call but my server was suspended on 21st. So I have not used their server even for a day. All other webhost provide atleast 3-4 day before they suspend the server. But fortatrust don't give even a minute before they suspend the server.

    Secondly, the credit card declining charge can't be imposed on me as I've not linked my card with them.

    They are heavily advertizing on Google Adwords these days. I alert all you innocent people, beware from them.

  4. #4
    Join Date
    Sep 2013
    Posts
    12
    Well, its an unfortunate situation really. If they do not answer the phone for the cancellation request, what can you do? Is there no other form of cancelling? did you open a support ticket to tell them you wanted to cancel?

    It is very strange the company wants you to call their phone to cancel. I haven't really seen that one before. Usually, you submit a cancellation request from your account or email.

    On the other hand, you have to look at their terms and conditions. It's riddled with legal mumbojumbo.

    It's a small amount they are taking you to collection for. so they may just be threatening you over it. A collection agency will typically take 40 - 60% of the total recoverable debt, so they are not going to get much back from it.

    A company should not make it difficult to cancel

    Perhaps, keep trying to contact them, or even the company could come on the forums here and respond publicly. You may want to give them the ULR of this thread.

  5. #5
    Join Date
    Apr 2013
    Posts
    59
    Quote Originally Posted by BriteStart View Post
    Well, its an unfortunate situation really. If they do not answer the phone for the cancellation request, what can you do? Is there no other form of cancelling? did you open a support ticket to tell them you wanted to cancel?

    It is very strange the company wants you to call their phone to cancel. I haven't really seen that one before. Usually, you submit a cancellation request from your account or email.

    On the other hand, you have to look at their terms and conditions. It's riddled with legal mumbojumbo.

    It's a small amount they are taking you to collection for. so they may just be threatening you over it. A collection agency will typically take 40 - 60% of the total recoverable debt, so they are not going to get much back from it.

    A company should not make it difficult to cancel

    Perhaps, keep trying to contact them, or even the company could come on the forums here and respond publicly. You may want to give them the ULR of this thread.
    Yes I've once opened a ticket for cancellation on which they replied that the cancellation can only be done over phone call. And then when on 22nd (1 day after my service expired)one of their staff asked me to pay again for server, then also I've told him that I don't want to stay with them.

    And a cancellation over a phone call policy is ridiculous. An online hosting company deals with customers from all over the world. And in some countries,the international calling charge is very high. Nobody will want to spend $50 on call charge for a cancellation of $4 server.

  6. #6
    Join Date
    Feb 2006
    Location
    Global
    Posts
    1,628
    Making a call being the only way to cancel is shocking, I've dealt with similar myself (outside of hosting) and I just see it as a money-making trick. Then not being able to call them anyway, not good!

  7. #7
    Join Date
    Mar 2005
    Location
    Ten1/0/2
    Posts
    2,509
    since their TOs state how to cancel, and so far it appears that you have not done so, then the best course of action is to pay this and get confirmation in writing that this is a final bill and that you have no active services with them.

    Yes, it is pretty horrid terms, but one would assume that they are the same as when you signed up.
    CPanel Shared and Reseller Hosting, OpenVZ VPS Hosting. West Coast (LA) Servers and Nodes
    Running Linux since 1.0.8 Kernel!
    Providing Internet Services since 1995 and Hosting Since 2004

  8. #8
    Join Date
    Mar 2013
    Location
    Detroit, MI
    Posts
    333
    First and foremost, I'm glad you brought this company and their policies to light and shared with the community. Based on your testimony, they show all the signs of an organization that places their desire to enrich their coffers above anything else -- especially above customer support. The "cancellation by phone" requirement alone speaks for itself; is there really anything wrong with a written notice via email or ticket like the vast majority of hosts accept?

    That being said, as "unfair" as you may feel this situation has turned out, you will have to take the collection agencies threats under careful consideration. No - they aren't going to spend a lot of time and effort hassling you over $48.85, but you can bet on them retaliating if you don't pay up. In the end, they can and probably will report this to credit agencies, which can take a nasty toll on your credit rating.

    If you feel it's worth the trouble or if this is more of a matter of principle, you *could* send a debt validation letter which disputes the debt on the grounds that you never received the product you asked for (i.e. CentOS instead of Ubuntu). You then have the right to demand a detailed description of the debt owed, along with an itemized listing of the calculations for the debt total(s), and validation (i.e. a copy or receipt) that you agreed to pay the sum for the specific products as listed. I believe the collection agency is obligated to reply within 30 days or you're off the hook.

    Note that the "MAY RESULT IN THE INSTITUTION OF LEGAL PROCEEDINGS AGAINST YOU" threat is an absolute joke in your case, since there's only $48.85 at stake. However, to prevent the collection agency from trashing your credit, you will likely want to either pay or request debt validation. "Doing nothing" could come back to bite you here.
    Last edited by Ryan V; 10-01-2013 at 10:46 AM.

  9. #9
    Join Date
    May 2013
    Location
    United States
    Posts
    180

    Re: how to deal with this webhosting company

    They are a scam company. Look here http://www.fortatrust.com/blacklist/

    They want you to pay with bank/wire transfer so they can have your personal information. They send the email to everyone who has their invoice overdue and it's to scare people like you. Don't take the email seriously, you're not the first one to get it.

  10. #10
    Join Date
    Jul 2008
    Location
    Seminole, OK
    Posts
    1,575
    Don't pay them, mail them a letter (not email) stating you dispute them debt and that you've made efforts to cancel, but due to lack of service you were unable to. Advise them the services was on a month to month term (no contract). You owe no further money.

    If they still bother you, then consult a lawyer and counter sue them for damages incurred. Either way your best best is to hire a lawyer though.

  11. #11
    Quote Originally Posted by GreenHostBox View Post
    They are a scam company. Look here
    That's a big no-no for any business to do. Thanks for the link. Fortatrust will be placed on our bad boy list.
    Too different to be awesome.

  12. #12

    same boat.

    I ordered a dedicated server and have been waiting for it to be setup for weeks now. They just billed me for another month of service yet I still do not have a server. I called but when you press 3 to speak to customer care it just loops back to the main menu. I have been at it for hours.

    Guess that dedicated server deal was just too good to be true.

  13. #13
    Join Date
    Jul 2013
    Location
    US; UK/EU; Asia/Australia
    Posts
    893
    You can read it all over on WHT - don't go for cheap providers with questionable reputation. Because this happens.

  14. #14
    Join Date
    Nov 2012
    Posts
    38
    Quote Originally Posted by GreenHostBox View Post
    They are a scam company. Look here www,fortatrust,com/blacklist/
    This is unbelievable or rather insane..! how come anyone can post such details publicly.. isn't it a breach of privacy..?
    <<< Please see Forum Guidelines for signature setup. >>>

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