Yellow Pages some advice please?

[worthit]

Hi All,

I posted a thread on here a couple of weeks ago to say I was having trouble with yellow pages well, I still am they printed my advert without my say so and now I don't feel liable to pay for an ad that to me is not what I agreed with them so I went to a solicitor about it and she helped me greatly and helped me write a letter etc then I wrote to them both email and hard copy.

They have now got in touch and have offered first a 25% then a 30% off my payment for the year this I am just not happy so I'd like to know your advice as to where I go next on this one coz the solicitor said to just accept their offer coz they can withdraw their offer at any time:irked: so I just want to write to them again and tell them it's just not acceptable:grr: but again the solicitor said this is a gamble

I don't know what to do now as I am really annoyed at the way yellow pages are handling this I REALLY feel stongly about not paying for my ad but what do I say to them

Please help anyone that can give me a few pointers in the right direction.

Thanks in advance:hug:

Kate

 

[Martin Smith]

Hi Kate

What a sorry tale! Part of me says that if you didn't want the ad as it was then why should you pay for anything. The other side of me says that Yellow Pages are a big organisation with bigger pockets and bigger legal team than you'll ever have. :cry:

You might not be able to do anything on the price of the ad but, looking forward, could anything be done else where? For example a heavily discounted rate for next year? An ad in the neighbouring Yellow Pages (if applicable)? Higher exposure on yell.com?

I think I'd take your solicitors advice. Take the discount but look for other 'sweeteners'

Martin

 

[Mrs.Clooney]

This is a difficult one like Martin says due to the fact that they are a big company with a big legal team. However, why should they be allowed to get away with this if they are wrong?

If you did not approve the advert prior to display and signed nothing regards this, then they can't take your money. Personally, I would not accept their discount. The fact that they are offering one shows that they are agreeing that they are in error. You won't accept the ad because you are a professional. So are they and should behave as such!

You paid good money to place an add with them, now they need to deliver! Make all your correspondence with them in writing and avoid any further phone calls IMO.

 

[Blue Rose]

Well I'm certainly no legal expert but surely if you told YP what kind of advert you wanted, and they messed up, they are in breach of contract?

A few years ago, YP misprinted my address details - they put 288 instead of 228. I kicked up stink as at 288 was another salon. I ended up getting my ad free that year as I refused to pay for their mistake.

Another time I got roped into advertising in a business listing directory. They put me under hairdressers instead of beauty salon & instead of listing the business name they listed my name. I wrote to them basically saying I wasn't impressed with their services & as I wasn't listed as per my salon details, which was the basic terms of the contract, they were, in my opinion, in breach of said contract. Suffice to say, I didn't pay for the ad.

If you feel that strongly about your ad, I personally wouldn't pay for it.

 

[worthit]

This is a difficult one like Martin says due to the fact that they are a big company with a big legal team. However, why should they be allowed to get away with this if they are wrong?

If you did not approve the advert prior to display and signed nothing regards this, then they can't take your money. Personally, I would not accept their discount. The fact that they are offering one shows that they are agreeing that they are in error. You won't accept the ad because you are a professional. So are they and should behave as such!

You paid good money to place an add with them, now they need to deliver! Make all your correspondence with them in writing and avoid any further phone calls IMO.

Hi Mrs C,

According to Yell pages they do not have to provide a proof in their terms and conditions it states this in other words they are saying that my proof means nothing but my argument is that I never saw the proof until it was too late and now they expect me to pay for it I'm just adamant that they are at fault as the wording is all wrong e.g Hot stones...... like what does that mean I wanted massage at the end!!! plus other things like picture is horrid and the guy I spoke to insists that the advert looks lovely but it's not his business is it grrrrr

I don't know where to turn I am going to write another letter for definate coz I'm just not satisfied with their offer.

Think I've ranted enough now:grr::grr:

Kate xx

 

['chelle]

Sorry to disagree with people, but I cant stand it when people tell you just to give in when you are in the right. Your solicitor will have told you to give it in because your case isnt an earner for her. Sure, YP have bigger legal teams, but the law is the law no matter who you are, and if you can prove that there is no legal agreement between you and YP, you should see it through to the end.

Proof or no proof, if you did not authorise the printing of the advert there is no legally enforcable contract. If you tell YP that you intend to take them to court (which you dont necessarily have to follow through), they will be aware that they will need to provide evidence of the agreement eg a signature, and will perhaps refund the full advert cost. My feeling is that they know they are in the wrong or they wouldnt be offering you any discount at all at this point.

 

[pips]

OMG dont get me started on YP.

Hope you get it sorted soon chick, :hug:

 

[worthit]

Sorry to disagree with people, but I cant stand it when people tell you just to give in when you are in the right. Your solicitor will have told you to give it in because your case isnt an earner for her. Sure, YP have bigger legal teams, but the law is the law no matter who you are, and if you can prove that there is no legal agreement between you and YP, you should see it through to the end.

Proof or no proof, if you did not authorise the printing of the advert there is no legally enforcable contract. If you tell YP that you intend to take them to court (which you dont necessarily have to follow through), they will be aware that they will need to provide evidence of the agreement eg a signature, and will perhaps refund the full advert cost. My feeling is that they know they are in the wrong or they wouldnt be offering you any discount at all at this point.

Well said!!!!!! this is exactly how I feel that's interesting comment about the solicitor I never thought of that I feel she is not right on this occasion and I am going to write to them, the trouble is I rant a lot so I will have to compile a letter that sticks the knife in without ranting!!

If anybody out there can help me with the wording I would be eternally grateful to them:Love::Love::hug:

Many thanks :hug:

Kate xxx

 

[liana kay]

yellow pages has been great for my business ,but i hate the way they do things , perhaps take the offer but take it to bbc watchdog, because i think you will find you are not alone .

 

[sj1973]

Sorry to disagree with people, but I cant stand it when people tell you just to give in when you are in the right. Your solicitor will have told you to give it in because your case isnt an earner for her. Sure, YP have bigger legal teams, but the law is the law no matter who you are, and if you can prove that there is no legal agreement between you and YP, you should see it through to the end.

Proof or no proof, if you did not authorise the printing of the advert there is no legally enforcable contract. If you tell YP that you intend to take them to court (which you dont necessarily have to follow through), they will be aware that they will need to provide evidence of the agreement eg a signature, and will perhaps refund the full advert cost. My feeling is that they know they are in the wrong or they wouldnt be offering you any discount at all at this point.

I 100% agree with Chelle. Why should you just to hell with it and accept what they are offering,if your not happy with it,then do not agree and take the situation further.

I have to add, i have had no problems with yp myself,but if they did that to me ,i would see what they are offering and if i was not happy, take it to further if i had to. Chelle is right,if they are wrong,why are they offering discount already (because they know they are wrong).

If you are not happy with what they have offered you, you tell yp and tell them what you intend to do, i bet they have another offer for you by the end of the day.

 

[worthit]

I 100% agree with Chelle. Why should you just to hell with it and accept what they are offering,if your not happy with it,then do not agree and take the situation further.

I have to add, i have had no problems with yp myself,but if they did that to me ,i would see what they are offering and if i was not happy, take it to further if i had to. Chelle is right,if they are wrong,why are they offering discount already (because they know they are wrong).

If you are not happy with what they have offered you, you tell yp and tell them what you intend to do, i bet they have another offer for you by the end of the day.

Hi

Thanks for your reply:hug: I am going to see the cab this week to see what they say I intend to win with this as you say they have admitted their fault already to me so they are, as far as I'm concerned in the wrong:irked:

Kate xx

 

[mikem]

Though the 'take them to court' advice fits with your beliefs, I think you need to base your decision on professional advice rather than what Geeks think . (If any of the responses were from people who work for CAB, are solicitors or office of fair trading, please accept my apologies).

You have had advice from a solicitor to take the offer and this should be considered. The assertion that this recommendation was based on your case not being an earner isn't very useful - could be right or could be wrong.

CAB is a good next step and possibly office of fair trading. If you've signed a contract you may be a bit stuffed. Also companies are recording conversations as legal proof of verbal contract nowadays (the message that says your call may be recorded for training purposes tends to be a lie as all calls are recorded). If they base an argument on this you may have the right to hear the tape.

get the advice before you make the decision so that whatever you decide to do you understand the chances and risks associated. At the end of the day you will be the one paying the bill or not.

Good luck

Mike

 

[mikem]

Just noticed you're in Wales. You can also contact the Ferret for advice.

Mike

 

[~cHeRiSh~]

What a nightmare for you :irked:

A lot depends on whether you signed off the proof or not. If you signed it off and the ad is identical to the proof then I wouldnt have thought there was much you could do.

If you signed off and the ad is different then you could bargain with them depending on the severity of the mistake and how much effect it would have on your business.

If you havent signed anything off then I would have thought you have no obligations to pay YP at all as you havent actually agreed to place anything?

These are only my thoughts on the matter and I would re-iterate what Mike said taking the legal advice seriously, before you get in a legal tussle - especially with a large company such as YP.

Good luck with it all :hug:

 

[sam28]

If they havent got the ad artwork proof with your signature on they dont stand a chance, dont worry ! You havent signed anything, therefore agreed to nothing. Tell them to get on with it and see where it takes them.x