Can we cancel advertising sold over the phone?

shell_bell

My hubbie is a self employed carpenter. He was called over the phone and sold an ad in a magazine, he cant recall exactly but is sure he was told he had a 14 day cooling off period.

7 days later the artwork came (not very impressive) with an invoice with 14 day payment terms. He emailed them immediately to say he didnt want to go ahead with the ad. They have today called saying they didnt receive it and that he is unable to cancel as it was agreed over the phone? How true is this? The lady he spoke to said she would pass him to a colleague but then hung up.

Nothing had been signed as it was done over the phone. I've tried reading the companies terms and conditions online but am no expert and find it all a little confusing to be honest!! There was a line at the bottom stating "No cancellation will be accepted after 14 days of the original order date (cooling off period). Cancellations will only be accepted as detailed above. Refunds will not be accepted after 7 working days." Prior to this though a lot of info about cancellation and payment of 50% would be required?

Can anyone help??

Thanks

Kayalana99

An agreement by phone is a binding agreement yes.

If they offered a 14 day cooling of period I am sure most would advise that you send a letter in writing - does it say how to cancel?

I suppose you have prove he sent the e-mail as it will show in his sent box?

Whether that counts or not I don't know.

shell_bell

Thanks. I've read it a bit more carefully and it states that you can put notice of cancellation in writing, email or fax but in the next sentence that email is not sufficient! I will keep the email in our sent box and will fax a letter tomorrow and recommend he calls them to confirm he's sent it. I think we might still have to pay the 50% cancellation but would probably rather waste £100 than £200

cavework

What was the name of the magazine?
This is important.. people have fallen for ...magazine for the Police, Local Council .. and we can only add one advert for the service you provide..
They have absolutely no connection to the police or anyone else they name.
Often nothing is even produced.
there are loads of them out there pulling just this stunt..
He had the artwork and decided against proceeding.. he emailed them telling them this .
As long as you have the original email opting out I would stand your ground..
there are far too many of these rip off merchants preying on small businesses..

shell_bell

cavework wrote: »

What was the name of the magazine?
This is important
there are loads of them out there pulling just this stunt..
He had the artwork and decided against proceeding.. he emailed them telling them this .
As long as you have the original email opting out I would stand your ground..
there are far too many of these rip off merchants preying on small businesses..

It was Combined Services Publishing Ltd based in Liverpool?

houseimprover

if he has the email tell them to shove off. Its highly unlikely a company would take him to court for £200 and if he can prove that he sent the cancellation then even better.

I would probably send the following:

Dear XXXX

Please find forwarded the email I sent cancelling the advertising as per your T&C's so I am of the belief that I owe nothing and as such will defend any further action taken against the myself to the fullest.

I shall not be commentating further on this matter.

Yours Sincerely

XXXXXX

Beaware they could try and take you to court and there maybe threatening letters but its highly unlikely they will as they will surely move on to another easy target.

shell_bell

cavework wrote: »

What was the name of the magazine?
This is important.. people have fallen for ...magazine for the Police, Local Council .. and we can only add one advert for the service you provide..
They have absolutely no connection to the police or anyone else they name.
Often nothing is even produced.
there are loads of them out there pulling just this stunt..
He had the artwork and decided against proceeding.. he emailed them telling them this .
As long as you have the original email opting out I would stand your ground..
there are far too many of these rip off merchants preying on small businesses..

This is pretty much what they said, only one carpenter etc. I think if it continues we'll ask them to prove their circulation. They said something about it being for emergency services but in the small print theres something saying they have no links

cavework

1.10 The Company shall provide the Advertiser with proof copy of the advertisement which the Company
intends to include in the publication.
From their T&Cs
INTENDS is the word that is significant here
You rejected their proof ?
Therefore declined to proceed.
Next time .. use an advertising media such as a local free magazine where you really know the area they and you cover.Ask for their distribution area and figures , insist on a right hand page
Up front and honest advertisers will work with you to get the ad perfect , sometimes with 2 to 3 proofs before it goes to press and you should be expecting to get at least a 20% return on top of the cost of the ad you first placed

Tell them to go swivel and I bet they have not even produced the 'magazine' the ad was supposed to appear in..
Don't hand over your hard earned money to these people.
xx

Slinky

I have not come across this particular organisation, but many publishing scams are known to operate out of this part of the country. A call to the local trading standards for Liverpool could be useful to find out if they have heard of them.


Have you seen a previous copy of their publication to verify it actually exists?

shell_bell

Thank you so much for your reply and taking the time to look at this for me. As far as I can see we should not be liable to pay them anything. I have a friend with a legal background so have asked her to look over the T&Cs for me too.

I will fax them a letter tomorrow as well as keeping proof of our email and the fact that my hubbie told them over the phone that he didnt want to proceed ... fingers crossed x

shell_bell

Slinky wrote: »

I have not come across this particular organisation, but many publishing scams are known to operate out of this part of the country. A call to the local trading standards for Liverpool could be useful to find out if they have heard of them.


Have you seen a previous copy of their publication to verify it actually exists?

I havent seen a copy, which is what I told my husband when he told me about it. I think we will contact Trading Standards too, thank you.