What rights do I have in the event of a 'bad service'?

jpixels

Basically have to prepare a defense for court..

The story goes something like this: I hired a PR company to promote a song. It was agreed over the phone that I would receive 10 weekly reports..I only received 2..and the guy was lazy, they simply didn't give a !!!!

I have e-mail proof that they didnt deliver many of the reports

Can I use the sale of goods act?

Thanks

toffe

jpixels wrote: »

Basically have to prepare a defense for court..

The story goes something like this: I hired a PR company to promote a song. It was agreed over the phone that I would receive 10 weekly reports..I only received 2..and the guy was lazy, they simply didn't give a !!!!

I have e-mail proof that they didnt deliver many of the reports

Can I use the sale of goods act?

Thanks

no you can't use the sale of goods act as this was a service,

presumably you had a contract? it will come down to what the agreed terms of that contract were and if you can prove that the pr company did not fulfill their end of the agreement.

this is a business to business contract and not a consumer contract issue and it will be difficult and complex to fight, what stage are you at with it now?

bribri_2

I don't know about business to business- presumably it will be a straightforward contractual issue.

However for consumers the Supply of Goods and Services Act 1982. Should apply.

Direct.gov states:

This means that any goods supplied must be of satisfactory quality and any service you buy must be:

• carried out with reasonable care and skill
• carried out within a reasonable time and at a reasonable charge (if no charge is agreed in advance)

toffe

bribri wrote: »

I don't know about business to business- presumably it will be a straightforward contractual issue.

However for consumers the Supply of Goods and Services Act 1982. Should apply.

Direct.gov states:

This means that any goods supplied must be of satisfactory quality and any service you buy must be:

• carried out with reasonable care and skill
• carried out within a reasonable time and at a reasonable charge (if no charge is agreed in advance)

i would say this is business to business and not consumer.

the op hired a pr company to promote a song, presumably a song he was trying to sell in order to make money, making him a business, the pr company is a business so we have a business to business contract and not a consumer contract.

jpixels

@toffe well I had the CCJ set aside at the hearing yesterday, the PR company never showed up so the judge told me to send a defense, in letter form before 30/09. He said if they fail to respond again it will simply drop off.

The contract I signed is very vague, it simply says 'TV and Radio Promotion'. It was over the phone that most of the details were agreed, i.e. the weekly reports, which is essential for an artist and pretty much what you are paying for..So if they fail to do this, I really should not have to pay for the service..

I think they prey on young artists, and must be stopped..I want to draw this out as long as possible

Oh, and the e-mail correspondence provides some strong evidence. In one e-mail the guy says ' I will have the report next week', and then I don't hear from him for months..The thing is how do I prove they DIDN'T send a report, I guess they will have to produce it for the court. And what if they fabricate one?

Thanks

sarahg1969

Right, so they've issued proceedings against you for payment?

What you need to do in your defence is say that they promised reports and failed to deliver. When the time comes to exchange any evidence, you'll need to send emails and a statement and anything else you have to both the court and the other side.

Hintza

What is going on here? Do you owe them money?

You to marshal your thoughts better than you are doing here. Everything you say is all airy fairy.

jpixels

@hintza

I paid £800 deposit for radio and TV campaign (£500 each). I 'owe' them £200. The TV campaign was reasonable, the girl in charge delivered all her weekly reports.

The radio guy was some lazy moron, who delivered only 2/10 reports he promised, and I had to push for them..He always made excuses like 'Oh yeah I've got it here', and then would send me something you could tell he knocked up in 5 mins..No effort was made whatsoever. If I am paying a company £500 of my hard earnt money, I expect a little bit of effort. If the agreement was weekly reports, and I didn't receive them, excuse me for feeling a little scammed.

I believe the sale of goods act states that I have the right to partial rejection, in this case the radio campaign.

They then had the cheek to start proceedings against me, but never showed up to the hearing.