Pursued by DCA for a 'committment' advert?

just_pete

After a redundancy I decided to try and drum up some business turning my hand to something else, so I placed an ad with a local publication. At the time I took out the ad I was under the impression that I was ‘committed’ to pay six monthly direct debit payments (one of which I paid for the first month). Of course after one month I didn’t receive one enquiry so I emailed the company saying I wasn’t prepared to carry on paying for something that wasn’t working. Naturally they gave it the hard sell i.e. 'well that’s why you need to keep advertising with us for the full six months'. I basically told them I couldn’t afford to if the ad didn’t generate any response.

Anyhow I kept getting billed for another month, and another etc. Now they have passed my case onto a debt collector, who is pestering me for a silly amount? How do I stand, what do I do?

tigtag02

I would imagine that you are liable if you knew you would be commited for 6 months.

Does the ammount the DCA are requesting match up with what you signed up for?

DVardysShadow

Have they continued to publish your ads?

PasturesNew

Most adverts won't produce results from the first advert. Most advertising is a cumulative awareness that you're building. People will learn you're there from seeing your advert appearing regularly. Advertising in any publication is "hit and miss" and you need to do your research, then monitor your results, then analyse the results for next year.

You did enter into a contract to advertise for 6 months, so they'd be within their rights to pursue the money.

just_pete

DVardysShadow wrote: »

Have they continued to publish your ads?

Not sure, I told them to cancel after one month?

PasturesNew wrote: »

Most adverts won't produce results from the first advert. Most advertising is a cumulative awareness that you're building. People will learn you're there from seeing your advert appearing regularly. Advertising in any publication is "hit and miss" and you need to do your research, then monitor your results, then analyse the results for next year.

You did enter into a contract to advertise for 6 months, so they'd be within their rights to pursue the money.

No I didn't enter a contract. Are you saying a committment is a contract?

LeeSouthEast

You verbally entered, by the sound of it, which is as good as signing.

garthdp

how would you read a "commitment"?

just_pete

LeeSouthEast wrote: »

You verbally entered, by the sound of it, which is as good as signing.

No I didn't and no it isn't

garthdp wrote: »

how would you read a "commitment"?

Do you want the Cambridge dictionary summary? Thanks for the replies but I better speak to someone who know what they are talking about.:rolleyes:

tigtag02

just_pete wrote: »

No I didn't and no it isn't



Do you want the Cambridge dictionary summary? Thanks for the replies but I better speak to someone who know what they are talking about.:rolleyes:

If what you want to hear is 'tell them to stuff it, you're not liable' I think you might be trying to find 'someone who knows what they are talking about' for a while :rolleyes:

LeeSouthEast

Under law there are two basic terms that constitute a binding agreement. The verbal agreement will be binding if there was an agreement on the services to be performed and an agreement was reached on remuneration for this service. This agreement can be reached by a verbal exchange in person, via telephone or via an email.

At the time I took out the ad I was under the impression that I was ‘committed’ to pay six monthly direct debit payments (one of which I paid for the first month).

So that'll be a contract between you and them then, for you to pay for the 6 months, which you agreed to verbally, which is binding...

But don't listen to me. I have no idea what I'm talking about. I can recommend a very good solicitor if you wish, but her advice is considerably more expensive than mine, and is likely to get you the same answer.

DVardysShadow

just_pete wrote: »

LeeSouthEast wrote: »

You verbally entered, by the sound of it, which is as good as signing.

No I didn't and no it isn't

garthdp wrote: »

how would you read a "commitment"?

Do you want the Cambridge dictionary summary? Thanks for the replies but I better speak to someone who know what they are talking about.:rolleyes:

The outfit who sold you this contract basically deceived you with the use of the word commitment. As I see it, you have entered into a contract. Now, do you have your original paperwork? Does this show you as committed to 6 monthly payments? If it does, then you are sunk.

Now, back to your original question, what do you do? As you don't know whether they continued to publish your ad, you should make it a priority to find out. If it was not published in all 6 editions, then you could try to negotiate a very much reduced settlement.