Hi everybody
I received an email from 'normanswife' and tried to reply via this website but I'm not much good at this sort of thing. Then I thought that maybe what I wrote might be of use to all those fighting viv3labs.
Below is a copy of my message plus a copy of my last email to viv3 labs. hope this works and hope it helps you all.
Luv Christine x
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Hi normanswife!
I've just sent my 'final email warning' to them! It took me ages to compose and I'm wiped out so rather than try to explain it to you here, I'll forward a copy of my email to you straight after this. Just make sure that your account with them is cancelled and that you have confirmation of this... because... I found out tonight from my credit card company that even though I've cancelled my card and will be receiving a new one, they (viv3labs) can still collect future payments with the c/card account details that they have. Crazy, isn't it?
Where do you live? The legal stuff (which I found on the internet) relates to the uk so if you live somewhere else it may not apply. But then you you may have other consumer protection laws wherever you are.
It's a bit of a bluff really but I'm hoping that it will scare them into giving me a refund. If they are not based in the uk though it probably won't help, but anything's worth a try.
I won't rest until I've tried everything because I'm so mad but if nothing works I'll just have to count my losses and be grateful that they can't get any more money out of me.
Good luck. Keep in touch and let me know how you get on
Christine x
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RE: [#VQD-881164]: FW: Welcome to Viv3 Labs! Important Member Information: Accou nt Number 4269336 and Order ID 40680423
From: xxxxxxxxxxxxxxxx (me!)
Sent: 22 July 22:29:17
To: [email protected]
Dear fraudsters or viv3labs
Thank you for your email. May I inform you that as soon as I realised the devious, covert and immoral tactics that you employ to sell your questionable products, I cancelled my account with your customer services department on Friday 17th July.
I spoke to a person named George who gave me my cancellation code number 40172970.
I can therefore take it that this, in combination with your email (below) guarantees that you will not be helping yourself to any more of my money and that my account with you is definitely closed.
Nevertheless, this doesn't mean that I will not be taking further action to recover the payment of $118.63 (£74.39) and my credit card company will be assisting me in this.
You may say that you are legally entitled to my money but you are definitely not morally entitled to it and I suspect that you are guilty of mis-selling and misrepresentation. Your advert, which appeared on hotmail, now seems to have disappeared altogether, no doubt after it had been there long enough for you to suck in as many people as you could and deceive them into entering a contract with you, by the most devious of tactics. The very fact that you gave a 'time limit' to applicants to complete their order before your supplies 'ran out, ' exerted sufficient pressure on naive and unsuspecting customers, who had never previously encountered this kind of internet scam before, to hurry and consequently not read the T & C's properly. Very clever!
I for one, wanted to check my order for the '15 day risk free trial' once I had submitted it but there was nowhere that I could do this. I have since tried to find a viv3labs website with the same offer of the 'free trial', as contained in your hotmail advert, but there doesn't appear to be one in existence. I now understand the reasons for this. You are not a bonafide company but an opportunist set up that makes its money by scamming unsuspecting and innocent customers who were naive in regards to this type of internet scam. Your company deliberately uses these tactics with foresight in the knowledge that you can make a lot of money from innocent' victims' using such deceptive tactics and then hiding behind the law. It all smacks of criminality.
To add insult to injury, I received a month's supply (60 tablets) of colon cleanse when I really thought I had ordered Acai berry tablets. I have no way of proving this and I didn't realise the error when I received a confirmation email for my order, which, incidentally, did not contain your terms and conditions. I will not be using the tablets as I have since read adverse reports about their unpleasant side effects, on various websites.
Also, please can you justify the cost of these tablets. At £74.39 for 60 tablets, this equates to just over £1.30 per tablet or £2.60 per day. I wonder, are they gold plated or something? I have now found out that you can buy this product on the high street at a price of £14.99 for 120 x 500mg tablets! What a CON. And why did your advert and your terms and conditions (which I found later) quote sterling when you actually charge in dollars and then convert to sterling?
As I mentioned in my previous emails, I have plenty of time on my hands since I lost my job (another reason why I can't afford to lose this sort of money) Therefore, unless you refund me the full amount of £74.39 without further ado I am going to do everything in my power to make you pay me back using the various agencies available. I will also be contacting the local, regional and national press and the media to expose viv3labs for what they really are. Someone, somewhere will be interested to publicise what you are doing and the word will get out. A message will be placed on Facebook and Twitter to forewarn future victims to avoid your company at all costs although there are already many websites where your victims have posted their complaints about you and some potential customers have avoided falling prey to your scam, as a result. (For eg see http://ukconsumercomplaints.com)
PLEASE NOTE THE FOLLOWING:
Unfair terms in contracts
An unfair term in a contract covered by the Unfair Terms in Consumer Contract Regulations (UTCCRs) is not binding on you.
Test of fairness
A term is unfair if:
Contrary to the requirement of good faith it causes a significant imbalance in the parties' rights and obligations under the contract, to the detriment of consumers.
'Good faith' means that traders must deal fairly and openly with you.
Although standard terms may be drafted to protect commercial needs, they must also take account of your interests and rights by going no further than is necessary to protect those legitimate commercial interests.
I look forward to receiving your reply and an immediate refund of £74.39 plus £3.70 p&p (Total £78.09) as per the requirements under the above legislation.
Christine Lightbody
> To: xxxxxxxxxxxxx (me!)
> Subject: [#VQD-881164]: FW: Welcome to Viv3 Labs! Important Member Information: Accou nt Number 4269336 and Order ID 40680423
> Date: Wed, 22 Jul 17:32:28 0200
> CC:
> From: [email protected]
>
> Dear Customer,
>
> Thank you very much for contacting our customer service at Viv3 Labs.
>
> We would like to inform you that on 06-29 you were charged for the shipping and handling cost on your free trial. The 15 days free trial starts from the day of the shipment of the order and implies that you have 15 days to test your order for free.
>
> As stated in the terms and conditions of the purchase that you accepted during the purchase process, if you do not cancel your account during the 15 days trial period, you will be charged for the product separately and thus the free trial converts into a regular subscription. We confirm that on 07-16 you were charged for the product for the amount of 118.63 USD.
>
> We have now cancelled your account as of today. This cancellation implies that our company will make no more charges and no more products will be shipped to you.
>
> Best regards,
>
> Viv3 Labs
>
> Customer Service
>
>
> Toll-free UK 08082389891
>
> International Contact Number 44 2031399027
>
> Ticket Details
> ===================
> Ticket ID: VQD-881164
> Department: General
> Priority: Medium
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