I am writing in the hope that someone might be able to advice me what is the best way forward. As I seem to be banging my head against a brick wall with it all.
I setup an account with 1&1 back on the 26/7/2004. Until around Christmas I had not really had any problems with them and was perfectly happy with the service. Since then it has got from bad to worse. I run an official web site for a celebrity and her management changed in Oct '04. It was then essential for the ownership of the account to be transferred over to the new management company. According to their records I phoned them in Jan 2005 to start this process and have any outstanding money on the account transferred into the new managementís name. On the 1st Feb 2005 I got a letter from BFS saying I owed money. We got the debt with BFS changed into the new managementís company name without a problem. 1&1 informed us the ownership of the account had not been changed.
The issue over the billing arrangements was dealt with directly by their accounts manager Mohammed Hussain, who assured me the account, had been amended accordingly. For ease of reference, the new management company, also faxed their written confirmation of the new billing arrangements on 1 February 2005, which again, receipt of which was confirmed by Mr Hussain.
The ownership has still not been changed and he is refusing to change it until I make a payment but its not me who owes the money. He then informed me it had been passed onto BFS again.
This brings me to my second point, my eshop package. I took this out on 27/11/2004 and it was not what I was looking for. I decided to cancel it within the 30 days trail period. I phoned up and was told to send in a fax to cancel which I did around the 15th Dec 2004. On the 27th Feb I was sent an invoice for this eshop package. I emailed the billing dept on the 28th pointing out this package was cancelled. I did not receive ANY response, I then phoned up on the 10th March. He then spoke to me and sent me the following in an email. "Further to our telephone conversation, we would like to acknowledge that you would like to keep your Professional Package and still terminate your Professional Eshop.". To date this package has still not bee terminated.
Mohammed Hussain informed me today that I would have to pay one month of invoice up to the 23rd March 2005. When I questioned him about it and said neither I nor the management company would be willing to pay it. He got nasty and refused to change the ownership on the account. He then said if I did not listen he would make me pay to date for the eshop package. Then when I questioned him about it again he put the phone down on me.
I would not mind except they have already had 3 months money off me for the eshop they should not have had. On a technical note there is nothing wrong with the service. This Mohammed Hussain does not create a very good impression of the company the way he speaks to people. The new management company are appalled with his condescending tone!
In my personal experience a company will not change tune half way through without a little persuasion. If they do not act on your first request, and you re-ask, and they still do not perform the task (Within reason) I would say there is a very slim chance they are going to take note of anything further unless it is in the 1 and 1's interest.
I would contact a lawyer or at least get some legal advise if the site is important. It usually helps when you quote UK legislation - companies move a lot quicker. Contract Law and TOS work both ways!
I would only press charges if you still are running problems in with them about your clients sites, or recommend your client to. This would cause a lot of activity which not many people like to go through, but if you need to, you have all the resources that you need to compile a good case, including their seal of a 30 day money back guarantee on almost all of their major pages(if you were to press charges for the package you purchased). That's just my 2 cents