Tuesday, February 27, 2007

 

Construct Data (Fairguide) in full blown retreat

Construct Data (CD) who trade as Fairguide have profited for years from the mailing of misleading contracts. To spite rulings against them in individual states they have cynically exploited the loophole which makes it hard for law enforcers in individual countries to prevent cross border business to business scams. Now things are changing.

In February 2006 StopECG reported on a
court case in Austria where the Austrian Schutzverband gegen unlauteren Wettbewerb (Protective Association against Unfair Competition) were seeking not only to prevent Construct Data from mailing more contracts but also to prevent them from profiting from previously mailed contracts. CDs initial defense was that the Schutzverband represents Austrian commerce and could therefore not act on behalf of companies outside the country, the Schutzverband for their part argued that CDs activities were so damaging as to constitute a cause for concern to all Austrian businesses. They won this important argument and at this point CD settled out of court, essentially acceding to all the Schutzverband’s main demands.

See the Schutzverband website (In German)

CD have agreed not only to cease the mailing of misleading contracts to the EU, Switzerland and EWR (affiliate States of the EU like Liechtenstein) but also to cancel their demands for money against companies who dispute the contracts.

An out of court settlement avoids a definitive ruling on CDs tactics by an Austrian judge, however it would be hard for CD (who claim that their contracts are governed by Austrian law) to now pursue any so-called debt through the courts.

The wording of the settlement is such that CD has a loophole whereby if a company does not notify them that they signed the form in error, CD can technically continue to demand money.

StopECG therefore recommends that ALL companies who feel deceived by CD should write to them noting that they signed the form in error. There is no need to quote the settlement or stopECG, the simple act of notifying them should be enough to finish this for good

Proof of post is not proof of delivery! Send by registered mail to:

Construct Data Verlag AG,
Ortsstraße 54,
2331 Vösendorf,
Austria

CD has a number of emails. It may be best to send to
accounts@cdnet.at

other possible addresses include
info@cdnet.at; info@fairguide.com; info@fair-guide.com

Fax to: +43 1 / 699 40 77 - 40

We will monitor closely CDs compliance with the settlement and update the
Construct Data Page on stopECG.org if needed. If you have notified CD that you signed in error and continue to recieve demands, please let me know

I cannot overstate the importance of this development, it is really important that everyone in dispute with CD is notified quickly. For that reason I ask that anyone with the time goes to CDs website
http://www.fairguide.com/
and contacts companies listed in their area, Use email or fax or post, and let them know that if they signed in error they must notify CD and that should be the end of the matter. You need only contact those companies that have a bold ‘Integrated website’ listing.


Finally, a brief note on the part that was decided in court, it appears that the judge accepted that to have a company like Construct Data trading from your country could be harmful to the national interest. Bravo! Let’s hope the authorities in other countries playing host to Ludenbach guides pay heed.

Labels: , , ,


Comments:
Fantastic work. I have just started my own small company http://www.365drills.com and cash flow is critical in my first year. When I attended a show it was a stretch to afford the exhbition fees. To find out I signed to pay £2000 for three years was a scandal. I am so pleased others have spent their time with websites fighting this issue. I cant beleive its still going on in 2007. Once again well done. Richard.
 
if any other South Africans has been conned - please conact me
accounts@whitesharkprojects.co.za
 
It seems these con artists have been run out of the EU. They are now trying their scams in the US. I got an invoice from them for $1500. I've contacted show organizers here to try and stop these SOB's!
Xavier Nuez
Fremont, CA
www.nuez.com
 
Not only it did go on in 2007 but also in 2008.
This is an Italian company being deceived by CD again. I sent the letter and wrote some emails. Hope it will really stop! I felt so "stupid" when I realized I had been cheated!
Many thanks for the research and help. Lina
 
These fraudsters have now expanded their activities to Tanzania, and at least 16 companies have signed up in error! We have notified them all of your great website, and also asked the local chambers of commerce to alert the business community of this scam. This has now been done, at least in Zanzibar. Hope nobody here falls prey to this! Thanks for your work!
 
I have just receieved a 'SECOND OVERDUE PAYMENT REMINDER' from Construct Data, quoting an order number and a customer number. I have not seen any contracts or documents from them before, and no-one here has signed anything with them. What should I do?
 
They are doing they scam far away in Asia. We accidentally signed theyr "agreement" in Oct, 2007 and an invoiced has been received. I emailed a cancellation request to them and it has been ignored. An payment reminder is received today and I found these website which against this SOB company. I emailed the cancellation sugessted by STOPECG them and hopping for a preiod.

Would any advise what I should do next? Should I call the police or contact the Austrian Embassy here in Hong Kong? I am just a small potato here... I don't want to lose my job because of that :(
 
thanks to the owner of this blog. i can breathe a bit now. i got the email requesting data on oct-2007 also. later on in Mar, i received an invoice. my boss and finanical controler advised to ignore. they send the invoice again and saying they will initiate legal proceeding for recovery of the cost.
*china*
 
Great! This is really a big help. they have been bugging us for more than a year now even thou we sent them registered mail that we signed it in error, we mailed the letter when it's just 3 months from the day of our said "contract signing".... Today a guy named Dan Wilson called claiming that he is from the International Collection Agency hired by CD to collect outstanding bills.... Good thing I saw this at the internet so U don't worry anymore. Next time he calls, I know what to say.. Thanks

Carmen from Philippines
 
I guess I finally found a way out of handling these junk mails. Dan Wilson from Premium Recovery AG related to CD called and faxed me the form signed in error.
So I downloaded the draft letter from stopECG site and emaild to the email address listed above.
But I'm not sure if this is formally notified and done or I should receive any kinds of reply that they accept it.
It'll help if anyone can tell me :).
 
thank you so much this has been very helpful.
WE received this cheap, low,scam in BRAZIL.
they mention the name of a reputable company and asked to update information, an employee who didn´t know english well signed the form, I will follow the procedures now to have this stopped, my question is:
Do they have any rights or jurisdiction to cause any damage to my company in Brazil? do I Need to respond at all? or will I validade the claim by answering back, MAybe it can just be ignored, im not sure if all they have isa scare-tactic?
 
I perhaps my feedback is the latest one at March 2009! It see,s as CD is not stopping their con job and now expanding to Asia! I'm an exported base in Malaysia and participated in an internal exhibition in Thailand back in 2007. Like other vicitms, I've been recently & continuously chased for payment by their collecation agent, Premium Recovery AG after misled to sign on their 'contract'. I've even brought this issue to the Malaysian and Austrian Embassy and really hope others could avoid this scam, just in case they are not lucky to found out great & helpful websites like this blog, I can sleep peacefully now!
 
I believe this is the latest feedback on CD's scam (Construct Data)... at Mac 2009! Afraid they are now expanding to Asia. I'm an exporter base in Malaysia and participated an international trade show in Thailand back in 2007. I've reported this case to Malaysian & Austrian Embassy to stop these con jobs, just in case others are not that lucky to have found guidance by this helpful & great website! Questions remain... when CD would be properly stopped on their conning job around the world! Their organization should be ceased operation by now!
 
Thanks for all the info from your great website, which was pointed out to us by a friend, we have now finally written the Letter of Cancellation, after CD and PR have been haunting us for 2 years!!! We will also inform the Austrian and Swiss Embassy and local chambers of commerce, to stop this scam for good in our country! Thanks again you did a great job!!! Naila
 
DEAR FELLOWS, CONSTRUCT DATA IS STILL HARASSING MY FRIEND THRU Premium Recovery AG DEMANDING 4500 US$

I am working In Pakistan as consultant.
Can any body e-mail me copy of court verdict against construct Data or their undertaking in English so that I may be helpful to many other effectees to get rid of this scam's tension.

SHAUKAT ALI(CRYSTAL2100@GMAIL.COM)
 
This is Shaukat from Pakistan.
My friend is still receiving such demanding and threatening notice from Premium Recovery AG for collection and and facing the legal consequences.
Any body can send me the original contract copy or court verdict in English for replying them "Properly"
I work as consultant and I may be helpful to other victim if I get this help form this forum.

SHAUKAT ALI (crystal2100@gmail.com)
 
Here from Thailand.
I m also a victim. just happen on april 09 and still send their in voice to make us silk. But Affter reach this web we fell better to reject thire letter. but the new one of order is coming from other country. the first one from mexico - the second one from france OH!MY GOD นไ แฟ ไ หะนยท
 
We are a small company in the uk.
We have been recieving invoices and threatening letters from european city guide. The last one was dated 27/11/09 from their legal department in valencia. dont remember signing anything, especially for advertising. Not sure what to do. Do I ignore them, write a letter or give the invoices to our authorities. Can some one advise. Thanks
 
Post a Comment



<< Home

This page is powered by Blogger. Isn't yours?