So would this in your opinion count as a "material" breach.
They did not target the people who they said they would - e.g bad credit, even though they could have.
Would that classify as a material breach?
The "bad credit" aspect was fundamental to the campaign in the sense the website is targeted at people with bad credit.
Finally - could I also ask for my deposit back and if so, how would I got about this?
Thanks for clarifying that. Two questions on this
1) I have asked them for a complete resend, but they are refusing that. Have I done my bit?
E.g - if I say I am cancelling the agreement, they may well come back and offer a full resend. But when I asked them in email yesterday that they should because they were not sticking to the agreement, they refused.
2) It turns out that they don't actually have access to "bad credit" consumers. When they say bad credit, they simply mean "low income" people. Just on this basis alone could I cancel? As the contract does not clarify this, and I believed they actually did have access to people with bad credit.
3) How would I cancel the agreement and ask for my deposit back?
Would it just be a simple email such as "based on the fact that you did not honour the agreement, and there was a material breach which you were not willing to rectify, I am cancelling the contract and would request that my deposit is also reimbursed"
Thanks - that's about it! Everything else makes sense to me