Complaint Review: Berger & Company

Don't underestimate these people.They have been in business for several years and have been evolving a system which will give them a castiron legal case. Their game is to create a paper trail the lawyers will buy and which goes like this.

1/Phone prospects and get them to ask to see goods-thus goods will not be "unsolicited" and they have overcome hurdle no 1. Why do we agree to look at the goods? Partly its our own fault. A great con artist once said "I never conned a completely honest man". All of us are fallible & have a greater or lesser streak of greed so when someone says "I'll let you see a 395 book for free for 21 days" the small greedy voice inside us says "395 - must be good. I'll have a look, quickly get what I want (maybe even photocopy a bit!) and send it back." Tasty bait and they know it.

2/ The salesman makes a note confirming (of course) that all legal requirements have been met. You do not. Several months down the line when things have turned nasty the lawyers will prefer the written record over your memory.
3/The goods are sent recorded delivery & signed for by some one in your company so even if they don't reach your desk you cannot deny your company received them.
4/The goods come with statements of terms which say you must return them by etc but we ignore them because of course we are going to return them on time aren't we? Their experience tells them people ignore the small print but their lawyers love it.

5/The book turns out to be a great deal less impressive than you were led to believe so after a brief glance you put it to one side and forget about it. Yes of course you meant to send it back on time but as they well know we are we are not all perfectly organized at all times so now they have a valid contract and the hook is in.
6/As some of you have discovered even if you do return it on time have you taken the trouble to send it recorded delivery? Can you prove you sent it back and that they received it?

7/Then the threatning letters start & you go to your lawyer and guess what they tell you you're caught and since you must not get a county court judgement registered against you, pay up -its cheaper.
Note that this crowd groom themselves to look as respectable as possible. The cost of the reports is not out of line with reports from market leading firms (whose reports are worth every penny) so nothing suspicious there. They trade as a plc not as a small company who only provide limited information. Very respectable. (By the way download their accounts from companies house. 4 fascinating)

So what can we do?
Write to The Office of Fair Trading, Fleetbank House, Salisbury Square, London EC4Y 8JX, for the attention of Michelle Vaughan. Write to your local trading standards office and to the one in Edinburgh, to any trade associations and to your chamber of commerce. Tell your friends. Resist payment and if anyone is taken to court get back here. If we share the cost of defence and make sure we organize the maximum publicity both local and national - press and television maybe we will be doing others a favour.

One last point. Be careful. I assume they record phone calls. Do not give them the opportunity to sue for libel or slander.

John
Newcastle, United Kingdom