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leanne-jones
leanne-jones, Barrister
Category: Law
Satisfied Customers: 183
Experience:  Barrister
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i am been contacted by a debt recovery firm (premium credit)

Customer Question

i am been contacted by a debt recovery firm (premium credit) over an advertisement that was placed in a magazine that i did not confirm was acceptable.

I was contacted by FMC's magazines advertising sales team following a job advert i had placed in an alternative magazine, i was advised that there magazine was the best since sliced bread for advertising jobs and the best part was i was able to place my own colour branding on the add.

i advised the sales rep that he was welcolmn to put together an add for me using the logo i then sent him together with the wording from the earlier advertisement. The sales man after a few days sent me the add which in fairness was awfull you couldnt see the logo it looked like a smudge so i left it i did not contact the magazine.

Unbeknown to me the magazine decided to place the add in there next two publications at a cost of £200 per edition!

I now have a debt agency contacting me for the charge!

at no point in the discussions since recieving the add have i agreed to this being placed in the magazine

what is my standing and how do i eradicate these termites out of my life ?
Submitted: 3 years ago.
Category: Law
Expert:  leanne-jones replied 3 years ago.
Hello - my name is Leanne and it will be my pleasure to assist you today.

Did you sign a contract or proof?
Customer: replied 3 years ago.

No

Expert:  leanne-jones replied 3 years ago.
Thank you. In that case you do not owe the debt. This is because in order to claim any form of debt there needs to be a contract.

If you did not agree nor sign a contract then no, you do not owe the debt. Further you would be expected to sign off a proof. If the initial proof was not acceptable then they should not have printed it. As such the debt was incurred through their own fault.

Therefore you do not owe the debt. You should write and set out the circumstances and remind them of the Office of Fair Trading on Debt Collection - that is where there is a disputed debt, then must investigate and cease any further action.

But in short without any form of contract or signed off proof - you do not owe the debt. They would struggle to convince a Judge (if it got that far) that the sums were owe in the absence of any contract or other agreement.

I hope I have answered your question and if I can be of any further assistance please do not hesitate to contact me.


Customer: replied 3 years ago.
Thanks for the advice,

This was my belief as well that I had not signed a contract but they are trying to use an email that was sent prior to the advert design being recieved. I have pointed the time line out but they are still proceeding with this. What my concern is :- is I don't want the confrontation of these debt collectors attending my business address. Can I threaten the magazine with any action if they won't call off the agency? Or threaten the debt agency with something if they call me or even turn up.?
Expert:  leanne-jones replied 3 years ago.
You can't threaten the magazine company no. The debt collection agency have no actual rights, they can't take anything or really do anything. You can dispute the debt and then the OFT guidance on debt collection kicks in which means all enforcement action should freeze.

Even if there was a contract I assume you did not agree for several months and in any event, the ad was not signed off. They can not publish an ad that is not signed off.

I hope I have answered your question and if I can be of any further assistance please do not hesitate to contact me.


Expert:  leanne-jones replied 3 years ago.
I'm just following up with you to see how everything is going. Did my answer help?


Leanne
Customer: replied 3 years ago.

Hi Leanne,


 


Thanks for the concern, very nice to here?


 


I have now recieved an email copy of a letter that i never recieved in the post! sent to a different email address that i have been using to advertise a position i have at my dental practice. They seem to think that i have agreed to the advert?


They say, reasons are due to them using the wording i used in a seperate advert and i then sent them a selection of logos that they were going to choose to use in their advert. I have on numerouse times contested this bothh verbally and via email but they still seem to believe they have a case. This is now becoming very time consuming and frustrating and i wish to put an end to there pestering. Thankfully i have located an email from them requesting satisfaction in the advert which i do not believe i responded too, due to the sub standard quality of the proof. I have in the past conversation asked them to provide me proof of acceptance and they refer to an email prior to any advert proof being sent to me of which i wrote "thats fantastic" but this was in responce to them offering me a discount on the add!


Expert:  leanne-jones replied 3 years ago.
I would not accept a discount, you did not approve the ad and they should not have printed it.......

Let me know how this pans out.

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