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Avoid Exigent at all costs (AU)

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So a few months back, against my better decision a worker of mine spun up a VPS at "EXIGENT ENTERPRISE" a company ran by John Wooler (who previously owned Exodux, and pulled the same scam under the name "Web Splash" from searching on who exactly my guy signed up with)

The VPS speeds were terrible, maybe 100 KB - 200 KB/s out of the country, at best. Finally, a 'multi-day' data center move was coming. Formal cancellation letter sent to their registered WHOIS on AURegistry, and signed up with RansomIT (amazing, but for another thread)

A cancellation notice was sent to them via email and letter (they said no email on their website after no reply, so it was sent to their registered WHOIS address) via post.

The server's been down since the end of november for non-payment November after a 1st "overdue" invoice was sent - Okay, mail to Australia takes 2 weeks.

One more invoice in December, then they stopped. I figured they received the letter, and got the hint over the desire to cancel the VPS (beyond the fact you could not email them or call to do so)

Fast forward to yesterday, when I'm sent a letter demanding 70.00 AUD (10.00 for two invoices, plus 25.00 per invoice) on a 10.00 VPS server, or I'll be forwarded to a collections company, with $480 dollars added. Not a chance.

When showed the extremely long winded / daft TOS, I explained I did not sign up for the account, It was provisioned on behalf of me, but I did pay for it - Asked them to check IPs, as it as provisioned by a staff member in another staff - nothing. Told them they were formally given notice it was an invalid debt, and any further letters should go to my lawyer. John kept emailing back saying the debt would have to be "finalised"

As per my lawyer, I never had a contract with them, nor did my remote worker - they never mailed my company (or the worker who signed up) any contract, 'nor did he mail them a contract. From their ToS below.

As mentioned in their ToS: "For services that require a contract, the completion of a paperwork application form will be required. This application form must be signed by the person/entity that is applying for the service. This paperwork must be delivered or mailed to the postal address that is advertised on our website and received by us within 7 working days."

Nothing was sent to their postal address except a formal cancellation letter, which John claims they never recieved, besides sending it to their "valid" WHOIS registry address.

John Woller (scammer / "CEO") of Exigent seems to have a niche for doing this in terms of false collections I'd rather pay a lawyer in Australia to deal with this, and maybe the local forms of better business bureaus, etc. than pay his scam of an operation: WebSplash, HostMyWebsite (took over and ruined) Exodux / now Exigent

http://www.webhostingtalk.com.au/web-hosting-australia-2/hostmywebsite-cancel-before-committment-11022.html

Seems like this is common for him / their MO to make money Any suggestions? Even for future clients who may mistakenly order from Exigent.

Avoid at all costs. The VPS was terribly slow, no support replies were ever received - and months later you get a threatening letter. I messaged them as instructed as I knew this was an invalid debt, but their "CEO" aka one-man-band of John Wooler did nothing, no attempt to understand the issue, just a "pay us 70.00" or have it collected with $480 added because the VPS has been running until now.

From ping / checking it was down, it's been down since November, so no "resources" were still being used.

This 70.00 is apparently 2 months the VPS was shut down, plus 50.00 in late fees.

--- Exigent Extortion Email ---


Our records have indicated that we have made several attempts to contact you regarding the outstanding amount owed on your account with Exigent Enterprise. 

As we have issued several notices to you to help resolve your account from being in arrears, we will now be forwarding your account to our debt collection team to resolve the outstanding amount owed to now finalise your account with us.

The total amount owing: $70.00AUD

The total amount outstanding must now be paid within 4 working days.  Fail to make the payment will result in a debt collection fee of $480.00 being applied to your account so that your account is finalise by our debt collection team.  Further more, not finalising your account can be noted on your credit history by our debt collection team.

If there is an error made on our part and payment has been made, please contact us so that we can resolve this matter immediately.


-- End John Wooler Scam -- 

I would have been happy to pay the two months that they didn't receive the cancellation letter, regardless of the server being shut down already, ol Wooler was having none of this.

I'd rather fly, see the bastard in person in court & pay for that instead of paying Mr. Wooler of Exi-Scam another cent.

If anyone knows any good legal resources / government bureaus that handle these issues in Australia wold be welcome. My lawyer can only do so much practicing in the US.


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