I have had a client for some years, the original person who paid the first invoice requested I put the domain in his name (so not the company) He paid and the webhosting started. I knew nothing about the company at this time. I never provided terms and conditions as I had none at that time.

He left the company and I was told to bill the company direct for the webhosting. I explained the domain was not in their name and that they should request the transfer from him direct. I billed them for the domain hire and hosting each year, not giving them any terms and conditions (except those mentioned ont each invoice of when to pay and when to request cancellation of service)

This year I issued the invoice and provided (as usual) cancellation date and date for payment to start new year. They confirmed cancellation date by email (I had made an error in cancellation date) and I confirmed the correction by email.

Date to cancel past, date to start new year passed and no payment. I called them and they said no payment, not required anymore. Thing is the new erm had started. I have never provided Terms and conditions but in latter years I have them if requested and they are not on my website.

Trading standards tell me :

To be able to rely on terms and conditions for rollover contracts they
have to have been communicated to the other party during the life of the
contract, to which you stated they were not. Again this has never been
summarised in any communication or billing information provided to the
business as they were not in existence until after this time. This in
law implies that it is unfair and the authorities such as Office of Fair
Trading and other enforcement agencies would be happy to challenge your
business on this point.

I would also like to point out that you stated that only upon request
were the terms and conditions made available to persons that you are
contracting.

The contract terms and conditions to which you refer have never been
communicated to the trader, therefore these terms and conditions are
unenforceable. On this basis you have shut down the account under
terms and conditions to which the trader were never made aware and this
would be a breach of contract on your part.

I have subsequently advised the trader in question that any such
attempts to send in a debt collector without a judgement being obtained
in a county court would be again unenforceable and they can take a
criminal action against you and the debt collectors that you instruct.

The initial contract was taken out with Mr x, any subsequent
changes to the contract should have resulted in a set of contract terms
being issued to the new trader to which you were contracting.
Can you tell me is this person correct? can I be prosecuted for attempted collection of this debt BTW it is less than £500?