Any Advice Please

[nattynetty]

Wondered if anyone can tell me where I might stand on the follow issue....

A magazine I used to advertise with called me back in April about their new shopping guide on their website - it was sold to me as being the first port of call for all their forum users when they are looking for shops, they just select the region and all the craft shops in that area appear. Sounded good so I agreed to pay £x amount to be included for a year.

Well I've been invoiced and have not paid as I'm still not listed on their shopping guide. In fact when I view 'East Anglia' there is only one shop...which is a mail order only shop - and based in Nottingham!!!

I feel that this is totally different to what the ad guy 'sold' me and even if they did now include me (4 months after first being invoiced) it would be a complete waste of money. I told their accounts department that I wasn't willing to pay for something that hasn't been delivered and can we just write off this outstanding invoice, I'm now waiting for the manager to call back.

So, does anyone know where I stand - I'd love some slightly legal or technical blurb to throw at the manager so they don't just add me now to a completely useless website and charge me for it.

[Spirit_of_wales]

:)Hi Net,
I can't tell you any definite legal stuff , but it seems to me that they have not provided the service that they said they were going to, so therefore you should not be charged. Did they mention a timescale of when this was to happen? Do you need to put anything in writing giving your explanation for why you will not pay? I hope there's more of a legal eagle about to reply to you today....but remind them that you have lots of contacts and bad publicity does nothing positive for a business!
Hope your shop's doing well. I loved seeing all progress leading up to your opening!
regards,
Tina

[PeggyCrafts]

definitely - I am sure there is legal jargon to be quoted - maybe try the trading standards agency?

[For Sale]

OK i can give a rough out line but I'm not legally trained. this is only if i were now in your shoes and having to go it alone

If i was tackling these Muppet's firstly i would tell them under the sale of goods act I will defend vigorously their attempt to gain money unjustly

The Poor care and skill issue may be part of it. If you purchase a product that is to be provided to you with service fittings and it is to do a job once it is in place. if the seller fails for those to happen then they have not completed the work to a satisfactory level of skill and care.


The Supply of Goods and Services Act 1982 requires a supplier of a service acting in the course of business in England, Wales and Northern Ireland to carry out that service with reasonable care and skill and, unless agreed to the contrary, within a reasonable time and make no more than a reasonable charge.

Your service should have been provided to you in the manner in which you agreed to be party to the contract.


A supplier of a service who has broken a contract may also be liable for any consequential loss which is suffered by the consumer. Ultimately it would be for the courts to decide whether or not a breach of contract has occurred and the redress, in the form of damages (compensation), to which a consumer might be entitled

( I woudl try to get in some loss of earnings ;))

If you don't receive it then the contract "could" be void. As it creates and unfair balance in the relationship

For a contract to be fully in place 2 party's must gain.

I would just throw some of that down the phone and tell them, and if they still won't budge say prove to me you provided me with a service and we will go from there. i look forward to a written response in 14 days.

After that send off a correction letter under the sale of goods act, also print of a web view of the page under which your site should be showing.

after this call insist everything is done in writing if they will not commit now to correcting the issue.

hope it helps but as i say I'm not legally trained but i do like a good rumble :D

PS i think your purchase of the service may come under the distance selling. There comitment to you is not so different to your legal commitment to your customers on the internet.

handy link
http://www.oft.gov.uk/news/press/2006/133-06

if I'm totally of the mark someone slap me with a wet fish:D

[auntynet]

definitely - I am sure there is legal jargon to be quoted - maybe try the trading standards agency?

Just wanted to point out that Trading Standards only work for private individuals and not for businesses. They won't act for you but they can give you informal advice.

We had this problem in the past and we lost £1800 to a company that promised and did not deliver.

[For Sale]

We had this problem in the past and we lost £1800 to a company that promised and did not deliver.


:othats realy bad , how did you tackle them.?

[auntynet]

We couldn't - we just had to write it off.

They were a big telecomunications company that sold us a radio system when DH ran his transport company. We laid out £1800 for a system which they promised had fantastic nationwide coverage which was basically a big fat lie. When we complained they told us to sue them, which we couldn't afford to do so it was bye-bye to our hard earned cash.

[For Sale]

Terrible thats enough to put a small company out of buisness.:mad:

[auntynet]

It very nearly did.

And if that wasn't enough, around the same time, BT charged us £1200 for a telephone bill that was actually £25 and it took us 9 weeks and 26 hours on the phone to get our money back - they wanted to "credit our BT account" with the outstanding amount and couldn't understand why we preferred the money in our bank account rather than theirs!

Is it any wonder we gave up the "regular" jobs and turned to crafting?

Natty - Please don't let our experiences put you off. You have to stand up to these people and fight for your rights.

[For Sale]

Yes definately stand up to them, and in some cases teh small claims court is very usefull, it is in place for us for these very reasons.

Pleased to see you recovered Aunty, that poor guy who had £22,000 removed from his bank by a utility company, last i heard he only got half back, i must google to see.

Damn right check, its our money not thiers, they like the interest and these companys are raking it in and moan when they have to repay it all. :(

[Aviya Glass]

Hi,

If they have any terms and conditions on their site then perhaps you can 'use' those to show how they have failed you using their own info!

All the best and I wish you success.
Terry xx

[Chris W]

Sorry to hear about your problem. I got ripped off by a business agent who conned me into signing a contract just after my husband died. I discovered if you are a business you are not protected by the Unfair Contracts Act as you would be as an indidvidual consumer so no cooling off period etc. It's worth knowing this because there are con merchants out there who take advantage of this and I know a few that have been stung including myself. The link below explains:
http://www.businesslink.gov.uk/bdotg/action/detail?type=RESOURCES&itemId=1074405689
Good luck, I hope you can agree something that is fair and reasonable without too much stress or expense.

[nattynetty]

Thank you all for your support and suggestions but crikey some of your stories have scared me somewhat :o

Well, I waited all day but the manager never called me back so maybe they are checking where they stand too. Hubby has reminded me that as a member of the FSB I can get free legal advice from them. So I've decided to wait until I speak to the advertising manager and if I can't persuade them with reason (and the odd threat lol) I will tell them I am seeking legal advice on the matter and call the FSB straight away.

Will let you all know how I get on.

[For Sale]

Natty you may also get legal advice under your house insurance. May be worth a look.:)

[brunette]

Hi Natty

Fingers crossed the manager came back to you!

Contract Law can be very complex and the options open to you will depend very much on any written contract or verbal agreement, both of which may be subject to implied terms and statute (someone has already mentioned the Sale & Supply of Goods Act).

I suggest you await the managers response in the first instance and see whether you can come to a mutually agreeable arrangement. There is no harm in pointing out to them that they are in breach of contract. If however you have no joy and they threaten proceedings for the invoice amount I would strongly recommend you obtain legal advice (even if it is from the CAB) before responding any further to them to avoid doing anything which may affect the Courts decision should it get that far!

Hope this helps!