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advertising my business

I run a small dog training company and was appraoched by a company called Venditare for advertising in my area on a screen in the reception of 2 sports centres.

I was told it would cost £312.00 to be paid as deposit there and then by cheque, then a further 3 installmennts of £104.00 for the year, can then have another year at same price. I agreed I would go with this and was also told they would come along on a set day to my club and take some photos/video of dog training to be included as art work for my advert.

Stupidly I signed the contract agreeing to this without throughly reading it all :o
Gave a cheque of £312.00 as deposit. This was cashed on 2nd May 2013 and then through direct debit they took a further £312.00 on 13th May. I rang and asked them why they had done this and was told I had to pay for 2 years in advance as per contract. The next payment of £104.00 will be taken in June2013.

They turned up and took a few camera shots of dog training, then left before I even had a chance to speak to them. I have not seen any of the photos or proofed them and the contract states...

"The client agrees to pay company a non refundable deposit equal to one half of the first year ( £520 + VAT) The balance of the first years value is due on the production of the artwork proof (payment 2) 30 days later the first half of the second years value is due (payment 3) (2nd year value £520.00 + VAT) 30 days after that the second half on year 2 (payment 4).

All very confusing and not what the woman told me at all. Am I right in saying they have breached contract by taking 2nd payment on 13th May before production of artwork was proofed or indeed even taken, as they turned up last night to take photos!??

So so far I have paid £624.00 and got nothing. Not sure if I should cancel direct debit and take them to small claim courts?

Thanks.
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Comments

  • Thanks bod1467 for replying. Any suggestions from you or anybody else would be appreciated, this is really stressing me out as it is most unlike me not to read the small print or credit agreements/contracts, but hey ho done now. Is it worth going to small claim court over it? Or do I need to collect more info such as constantly going to sports centre myself to see if my advert is up or not etc?
  • pmduk
    pmduk Posts: 10,655 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    have you been to the sports centre to see if the screens even exist?
  • agrinnall
    agrinnall Posts: 23,344 Forumite
    10,000 Posts Combo Breaker
    Because this is B2B you are very much bound by the contract. In this case I'd agree that they have taken the DD too early, and that's easily rectified by telling your bank that you want to invoke the DD Guarantee to have the money returned. Of course, once they produce the artwork the contract allows them to take the money, and even if you cancel the DD yourself before then I would expect them to be able to set it up again. You really need to get some proper legal advice to enable you to decide whether it's worth trying to get money back.
  • Yes pmduk the screens do exist.

    agrinnall thanks for your advice, trouble is seeking proper legal advice costs even more money and this has already come out of my savings. I did contact cit advice, but all they said was check screen to see if advert is running which I know at present it isn't and when/if it is check its for the 15 seconds. But on the contract it does not state how many seconds it will be :-(
    It seems the buyer has no rights and the seller, once they have yoiur signature can do what they please.
  • Techhead_2
    Techhead_2 Posts: 1,769 Forumite
    Marnie1981 wrote: »
    Yes pmduk the screens do exist.

    agrinnall thanks for your advice, trouble is seeking proper legal advice costs even more money and this has already come out of my savings. I did contact cit advice, but all they said was check screen to see if advert is running which I know at present it isn't and when/if it is check its for the 15 seconds. But on the contract it does not state how many seconds it will be :-(
    It seems the buyer has no rights and the seller, once they have yoiur signature can do what they please.

    That's an odd attitude for a business. Consumer rights aren't going to help you much, as the law assumes you will use due diligence before signing a contract.

    You need to be scrutinising your contract and taking legal advice. (If you belong to a small business group or trade association this may be offered at low cost or even free)
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Marnie1981 wrote: »
    Yes pmduk the screens do exist.

    agrinnall thanks for your advice, trouble is seeking proper legal advice costs even more money and this has already come out of my savings. I did contact cit advice, but all they said was check screen to see if advert is running which I know at present it isn't and when/if it is check its for the 15 seconds. But on the contract it does not state how many seconds it will be :-(
    It seems the buyer has no rights and the seller, once they have yoiur signature can do what they please.

    And rightfully so, as a business you are expected to understand the contract you are signing.

    Business contracts can be very very complex, with penalty clauses for non-performance being legal amongst many other liabilities and obligations being put on each party. Take commercial leases for example, they are a mine field, too many are entering in to full repairing leases and seem to be surprised when they have to pay to repair the roof for example.

    It has been known though on occasion for a SCC to treat a sole trader in a similar light to an individual rather than a business. I've also read a case before of somebody agreeing to a slot to advertise in a shopping mall, they subsequently cancelled but was successfully sued for the FULL balance due despite never attending.
    This is very much different to consumer contracts whereby in many cases (but not all - depends on the notice period, type of contract etc) the merchant would be entitled to their actual & provable losses only.


    Of course, if they breach the contract you have rights. So it doesn't mean you don't have the right to receive what was agreed. It also doesn't mean they can do as they like - they can only do what was agreed and what is in the contract you agreed to!

    But one thing for certain is you shouldn't be blindly signing contracts in a business capacity!!!
  • Apples2
    Apples2 Posts: 6,442 Forumite
    edited 14 July 2017 at 10:19AM
    Interesting:
    http://www.naijafinder.com/threads/515764-Venditare-Ltd-Limestone-Assosciates-SCAM

    another
    http://www.ukbusinessforums.co.uk/forums/showthread.php?t=288000

    Cold callers, {text removed by MSE Investigator} Why do people fall for it?.
  • earthstorm
    earthstorm Posts: 2,134 Forumite
    I had a similar situation many years ago with a advertising company wanting me to advertise in hospitals, yes they took more money from my account as agreed, so the DD guarantee was revoked and the DD cancelled. yes i say a proof and agreed and yes this was placed in my local hospital. I kept checking to see if the ad was still their for the time agreed. i went to check 1 day and 2 hospital porters were removing the adverts after speaking to them, they requested i speak to the hospital admin, who they directed me too. it transpired that the NHS had many complaints about the adverting agency practices so canceled their contract with them and gave them 14 days to remove the ads which they failed so the NHS decided to remove them. I asked for my ad and they agreed and gave it to me, which i then used this for newspaper ads and even for a leaflet template. the ad company never ever contacted me about the cancelled DD or any other money
  • Hi,
    I came across this while researching the name Venditare as I've had a bad relationship with this company too.

    I signed up for my business to be advertised in a local restaurants small discount brochure. I knew the restaurant and that's why I went for it or otherwise I wouldn't of touched it.
    In my case, it too was never mentioned that I was signing up for a second years advertising at same cost as the first and only realised when a much larger amount of money than expected was taken from my bank account. This was a surprise in it's self as the rep promised NO money would be taking until I'd received confirmation paper work of the advertisement and total cost, which I never did.

    Luckily I had the direct debit revoked straight away and now I'm paying the remaining outstanding amount by cheque over a 7 month payment plan. this was agreed after a very long and distressing conversation on the phone with one of there representatives.

    Since then though they constantly call me asking for money even though they have never ever sent me a single email or letter containing the payment plan, monthly invoice or anything else they promised for that matter and it's only after I insist on paper work to support the payment due that they finally send something on.

    I also found a clause in the contract that allows them to continue to charge you annually after the initial 2 year period but they will choose where they see fit that your advertisement should go. I have now cancelled my agreement as this must be done within the first year.

    The brochure has now been produced and at least I know I have something for my money but I will NEVER EVER work with this company again and I only hope the restaurant feels the same way as they made me aware that several of the advertisers in the brochure have called them to complain about Venditare too.

    I also blame myself though as I feel I should have checked everything far more thoroughly and not just trusted that the person in front of me had the same trustworthy reputation I know well from the restaurant.
    I just wanted to share my story so that Marnie1981 knew she wasn't alone. I am usually so vigilant but this time I wasn't to my own detriment.
  • Gavin58
    Gavin58 Posts: 1 Newbie
    edited 14 July 2017 at 10:22AM
    {text removed by MSE Investigator} A rep called me (I should have been more on my guard as it was a COLD call) offering me advertising space in their magazine they would be distributing at Funsters in Stoke.

    It happened to be just the venue I needed to advertise at as I am a guitar tutor and want to advertise to mums & dads of young families. I got the impression it was actually Funsters who were calling me and I agreed to have a salesman come and show me all the details.

    The rate I was originally quoted was a fraction of the amount I was shown by the salesman - so me and the salesman thrashed out a deal where I was getting a slightly larger advert than I could afford at a rate that I could just about afford, at a discounted price (what a mug I was)

    Luckily, a monthly payment rate was agreed and I cut a cheque for about £125 (which I later cancelled) - the advertising contract which I stupidly signed (I was pressured to do so) was for 2 years at a rate I realised was just too high for me to afford.

    I tried to cancel the contract directly with Venditare, by phone, by email, by recorded delivery, all to no avail.. A Mr Street's name was mentioned by the woman on the phone and after some considerable hot air being blown on both sides I finally conceded that I was indeed stitched up. I had to agree to the contract as it was a B2B agreement and that trading standards and consumer rights had little to offer me apart from "come back to us if they fail to meet the terms of their own contract" A payment plan was suggested and the payments spread over 2 years -that's £35 x 24= £840...

    Well it's been 2 months since I signed, and I have contacted Funsters and Venditare, still no magazine, they are telling me I will have to wait between 14-16 weeks for the printing to be completed. Having done a search on VENDITARE I have come across several highly disturbing posts {text removed by MSE Investigator} I really wish Business Initiative had warned me about this sort of thing when I got my business training...never sign a B2B contract like, EVER. You have virtually no rights and you are no longer a consumer just sheep to the slaughter... Your own fault, etc etc...

    So like the poor unfortunates before me I HAVE to warn you - Avoid companies like these like the plague that they are... I will have to just hope that I get my advertising (this is looking increasingly unlikely) and that I can cancel the direct debit - (I may end up being sued by them) but I will have to study the terms of the contract. If anyone is interested I will scan the contract and post it if anyone wants to read it...This is turning out to be a ROYAL PITA...Damn and blast!
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