Legal question re advertising

[bloomingnails]

Hi

I hope one of you guys can help me?

It’s a bit of a long story so bare with me.

I was cold called by a company asking if I wanted to advertise in there publication. I agreed at the time of the phone call to the advert.

The proof came through and it was naff, along with fact that you could make very few changes to the advert. Also it was not made clear at the time of the phone call what the readership was. It would only be going to service personnel with in my postcode. Which no offence to anyone amounts to about 4 people! (We live in a rural area).

So thought no more of it and chucked it in the bin. I then received a reminder for payment, which I sent back saying I didn’t want to proceed. A few days later they sent me a letter to say as I did not cancel within there terms and conditions the money was still due.

Now there terms state I had to cancel within 7 days of the date of the original letter in writing with proof of posting. I received the original letter just before the 7 days were up, so had I cancelled it then, it STILL would not have been in time. In other words it was very short dead line to cancel.

Anyway I wrote to them again saying that I didn’t wish to processed and as a gesture of good will on my part I would pay there £10 cancellation few, which applied if you cancelled within 7 days etc etc…. I also pointed out that it took a while for post to get to us living in a rural area etc etc….

My point is this, yes there is one! They are demanding I pay for the advert, which at no point have I agreed to in writing nor signed for. If you agree to terms and conditions verbal, does that make it legal binding?

I hope someone out there can help me?

Thanks:cry:

 

[bloomingnails]

Just had a look on the internet under the company name of Cavendish Black, this is the company who are trying to get the money from me and found this -

http://www.thisismoney.co.uk/news/columnists/article.html?in_article_id=404067&in_page_id=19

Hope this link works and I warn other Geeks to beware!

 

[VHunter]

I dont know what the laws are where you reside, but I would fight it all the way.

Where I lived (montreal quebec, canada) you would not have been legally bound. 7 days is NOT sufficient, especially if you were to factor the postal system. A few days to get to you, a few days for a letter to get back to them.
Here, the time limit is 30days. BY LAW.

Do you have a "consumer protection' organization where you are? If you do, I would suggest calling them and enquiring exactly what the deal is.
Particularly, since you were solicited, you didn't approach them, nor did they contact you again to confirm the details of the advert as any reputable company would do. Nor did they require payment BEFORE the advert was placed... again... that sounds fishy to me.
Sounds to me like it's one of those telemarketing scams that targets businesses.

Good luck and keep us posted.

 

[VHunter]

you must have replied as I did LOL

just as I thought.:wink2:

good luck

 

[bimbogeri]

My boyfriend has had this same problem.
If you look on Blagger.com there is a lot of info.
The general line is to ignore them - it has got to the point now where they supposedly have put Al on the credit blacklist, but we are ignoring it. Apparently there is likely to be legal action against them soon and they will be appearing in Watchdog, if they haven't already.

 

[bloomingnails]

Thanks for the replies. I have found lots on the internet about them. I guess I will ignore them as I have just moved house so they don't have my new address!

Stay away from them fellow geeks!

 

[bloomingnails]

...sorry on a mission now!

Just sent a mail to Watchdog...!

 

[Sassy Hassy]

I was just reading about Ufindus, seems like I'm not the only one to be ripped off by them. think I will take it up with trading standards next week as my own website comes out higher on a search than they do. Can't believe I got sucked in, thet caught me good and proper.

I now keep geting a company called business finder phoning me saying do I want to continue my contract for another year, what contract, never heard of them, but I think this is how they get round you being registered on the TPS, because people that you are supposed to have dealt with before can still contact you.

I feel such a mug! :evil:

 

[bloomingnails]

Hi Sassy

Don't feel bad, what goes around comes around. I'm just glad on here we can warn others about these dodgy companies.

 

[Sassy Hassy]

Lol, that is a fab site. I am going to go through all the info and try and get my money back. At least they won't be getting any more from me! I was half asleep when they phoned, and having been in field sales and having to do loads of cold calling I just can't be rude and put the phone down as I know what it's like.

 

[EllaX]

i work in advertising and you have to actually sign off the advert proof before they can bill you for anything. if they don't recieve it back (as u binned yours) they can't go ahead and print it with with out your permission.
i work at a design and printers and we never print anything with just a verbal agreement we always make sure we have a written/signed approval slip before going ahead with anything HTH xx

 

[PLAOH]

i work in advertising and you have to actually sign off the advert proof before they can bill you for anything. if they don't recieve it back (as u binned yours) they can't go ahead and print it with with out your permission.
i work at a design and printers and we never print anything with just a verbal agreement we always make sure we have a written/signed approval slip before going ahead with anything HTH xx

Sorry to hijack this thread but I too have been caught out with a comapny called Vardis.

They phoned and I agreed to place an ad. They send a proof print, I ignored this as the ad was pants. They since sent me a copy of the "brochure" which isn't bad, but my objection is when they sold the ad to me it was on the promise that the brochure is distributed around my local area. You've guessed right.....no-one in Lowestoft have seen any copies of this.

So am I right, that if I haven't signed anything I don't have to pay?

 

[vicxzy]

My mum had something like this ages ago whereby she was sent invoices for advertising that had not even happened, I would just tell them to get stuffed!
The usual cooling off period for you to change your mind should be a minimum of 10 days but average is 21 for services solicited and not initially sought by yourself.
Let them waste their money on letters to you they cant give you a CCJ without going to court and you would hear directly about this (which I doubt will happen as they are not particularly law abiding themselves!).
The best plan of action is to visit your local citizens advice and get them reported to trading standards they are cowboys!

 

[EllaX]

louise if u haven't given the go ahead by signing anything then they can't print it without your permission - how do they know the info in the ad was correct for a start if u didnt ok it??

 

[talented talons]

Jst ignore it, you have signed nothing and therefore agreed to nothing. Let them continue to waste their money and just report them to trading standards. I'm afraid i will always tell a cold caller that i am not interested but if they continue i will put the phone down on them. People have no right to bully you into something you wouldn't normally want.

 

[EllaX]

i just spoke to the ppl i design ads for about this and they said - sounds like a dodgy company - if u aint signed out report em to trading standards xx