SB.. contract assistance

bordercars · 20 January 2009 at 12:09PM

Can anyone help please. Around August 2007 i entered into a contract with an advertising company, to display a TV type advert at my local bingo hall. I was sold on the number of members and also sole rights for my type of business. I operate as a taxi driver. I could have taken space at 2 of their other venues, but declined as both were too far away to be able to offer my services. They were also both out of my licensing council boundary. In October 2008 the venue i was advertising at closed, and after several telephone calls to the supply company without any success i decided to take stronger action. I called a local firm of solicitors. The advice given was, the claim at £500 approx, was too small to make it worthwile for me as the costs would be so great, but to write telling them they could not service my account and to ask for a pro-rata refund. The company have replied and i have pasted a copy of their reply. My reason to objecting to being placed eleswhere are logistically to take a job from the nearest venue would entail a drive of 8 miles, my minimum charge is £3.50 for the first mile so a 1 mile job would return £3.50 with a posiible 8 mile each-way journey to complete. If i was to undertake a fare like this under normal circumstances i would take the whole mileage driven, halve it and then charge for that amount. so a small job would be charged at around 8 driven miles coming to £11.70. with the local drivers charging £3.50 you can see i would never get called. What are my next steps? Can i issue a small claim in court? 1 other point i paid with my credit card, is there recourse that route?

Advertisers reply:

Having investigating matters raised, we would ask that you please note section 1.10of the contractual terms and conditions.

(In the event that it is or becomes no longer reasonably possible to run the Advertisement at the specified venue, for example, but not limited to, if the venue has closed or changed ownership or the Company's contract with the venue owner has terminated, or the venue owner does not consent (or withdraws consent) to the Advertisement being displayed at their venue, the company will use all reasonable Endeavours to continue running the Advertisement at an alternative venue, but if the company
is unable to do so it will offer a pro-rota refund of fees to the Advertiser, and the Company shall have no further liability the Advertiser.)

Due to closure, we are unable to continue with the placement of your commercial at ********* Bingo *******; therefore as previously advised, your advertisement has been transferred and is being displayed accordingly at ******* Bingo -*******.

bordercars · 23 January 2009 at 1:04PM

am i right in wanting a refund. for where the ad has been placed it may as well be on the moon. i cannot do a 16 mile + customers travelled mileage for £3.50. the amount to be claimed is in the region of £500

Caroline73_2 · 23 January 2009 at 4:58PM

The contract says it can move to an alternative venue. I can't see how you can claim anythng back - it isn't their fault you won't drive out there because it isn't financially viable.

It is quite harsh, sorry.

mizzbiz · 28 January 2009 at 3:29PM

Did you, before agreeing to the contract, tell the company that alternative placement was not viable?

If you did this, and it is really important you get this right, you may be able to get your money back. If you do, forget the solicitor, you don't need one. You just need to apply tot he small claims court.

If you did not raise this issue at the time and just signed the agreement on their terms, then I am afraid there is no recourse.

bordercars · 29 January 2009 at 1:18PM

Thank mizzbiz, you know being a one man band , with no legal dept foolishly never read the small print. salesman in your front room for 2 hours , tea nearly ready, never read the small print. and what a waste of money. the advert was specifically aimed with a phrase to get a discount, in the first year not one call. now its 8 miles away i dont expect one now. £1000 up the shoot. but i wont be caught again. next time the salesman is here or on the phone my get out for not buying will be. give me a copy of the contract when my legal people have read it , i may or may not get back to you.

SB.. contract assistance

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