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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45291
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I signed a contract for an advert under false pretences, their

Resolved Question:

I signed a contract for an advert under false pretences, their general contract seems to cover the company for not delivering service and yet charging for it. I have been threatened with court action, etc, can they win?
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Do you have the specific wording that covers them for the charges, even if no service is provided?

Please note as I am leaving the office shortly I will pick this up later this evening at home, you will hear from me then, thank you

Customer:

Hello Ben, Yes, I could send you their contract tonight from home, currently still at work. Would that be ok? Lucy

Ben Jones :

Yes, perfect, you can attach on here with the paperclip icon. Thanks

Customer:

ut how can I get back on this page from home pc?

Ben Jones :

you can just save the webpage, perhaps email it to yourself

Customer:

I'll try to copy the link and plaster it at home.

Ben Jones :

the web address I mean

Customer:

Thanks, ***** ***** in several hours, cheers, Lucy

Ben Jones :

Sure, thanks

Customer:

United Kingdom & lsle of Man
Terms & Conditions
'l ' This A8reement is a legally enforceable buslness to business contract and may and not be cancelled or terminated except as provided by these terms conditions.
2. The Advertiser agrees, unless herein endorsed by the company's agent, to produce copy at the time of signing this Agreement otherwise the company reserves the right to produce the adveriisement iri in6 ,iir.i'.ro form it considers suitable. 3'
)&*t[Tflfii,:T:r:]:{,fltjferential position on the programme and the companv makes no suarantee as to the frequency that the
4' The Advertiser shall indemnify the company against all claims in respect of.any aileged infringement of copyright, trademark or design or in ' respect of any passing off or slander or title or-any ottrer ctJim urouiniis.inri tilEo;il;i il,ffi in consequence to the exhibition of the Advertiser'sadvertisementsin pursuance of thisAgieem"nt. I -'--o - -r
5' The company reserves the riEht for any reason whatsoever to withhold, withdraw or refuse any advertisement. 6' The Company reserves the right to change the shape, size, title and locale of the advertisement. 7' where this Agreement covers more than one site, the.terms of this ABreement shall apply to each site individually and the Agreement shall continue until notice has been correctly served and expired in
"rp..1
oiliin ,it..
8' The date upon which the advertisement begins broadcasting will be the first day of the initial advertlsing period and this period will run (subject to the terms of this Agreement)for a minimlm term of two y"e.ii tio, in.i ort9. ufon
"rfiifloiin.'rniii.r become a twelve month advertising period, this Agreement wi, rolling contract at the same yearly-value is overteat plus irtwoil ci.rc; pr;; vnr 9. a).This Agreement shall
.commence
on the date that this Agreement is signed and shall continue, unless termjnated in accordance with the terms of this Agreement, until the end of the initial two yeai advertising ierlod or any subsequent periods as appropriate. Termination of this Agreement shall not 1tr"Ct 9ny accrued rights or liabiliiies of the parti-es hereunder, nor the terms of clause 4. b) lf tha'Advertiser wishes tolerminate t-his Agreement, the navertisei ,urt ,"rr" notice tJ ine iorp.nv not less than 6 months prbr-to the expiry of the isitial advertising period or any suisequeni perioo ai JffipiLt.. nnv such notice must be served in accordance with clause 15. 10' The artwork charge allows the Advertiser to alter/change the advertisement up to 4 times per annum,
1 1. where the business of the Advertiser is taken over by a.new proprietor (or where the business ceases or the nature of the business changes) the Advertiser shall nevertheless remain fully liable under thit 4grelreni r.lnieis tne new proprietor notifies the company, in accordance with clause 1 6' of its acceptance of the terms alreadv agreed. with tt e c"?npinv ovi'nf lovertiser Jiliil ao;;;ny-igr.., t, ,rch transfer. shoutct, however, the new proprietor default in the performaice of the Aerd;ili ifr. 'd;;;it.; *irir.rJi, iLii" ioi'Jny tos, sustained by the company.
12. lf due to any circumstances the digital informatio.n system(s) in question experiences-any temporary downtime, the company shall reimburse the advertising time lost to the Adveriiser bv extending tne iriitlJr a-overtitinc ftriod ;i; ;r;iffi.td)iiy ,rus"qr.nt period accordingty. 'l 3' Due to unforeseen circumstances the company reserves the ri8ht to transfer the advertisement to an alternative digital information system(s). 14' UnlessendorsedonthisAgreementtheAdvertiserwill notbepermittedtotransfertheAdvertisementtoanalternativesite/venue.
1 5' a) lf the Advertiser should fail to make any payment, or instalment in relation to the. initial.advertising period or any subsequent period, when due hereunder then the whole of the balance outitanoing.unoei tnis ecredl;t shall immFlliately become ctue and payable plus costs of collection. lnterest is calculated monthlvand charged on tne totit amou;lirfi;idlil,', rne.rite oJ-intereti i;t;p u. above the base rate of Barcrays Bank from time to time' The Advertiser heredy consents to the jurisdicilon ot ara'irpoot county cbuiiioi tre lesorution of any disputes hereunder, b) The companv reserves the right to chirge up to f zt,od ph; vAi i.; fiif the folowing: (l) unpaid, returned or recalled direct debits; (!!) rejected or unauthorised credit card payments; (!l) unpaid, returned or recalled chequesj ((VV)) unpaid, returned or recalled bankers orders; each letter sent as a result of a breach oiiiris ngr..ment by the Advertiser.
c) lf payment of an instalment hereunder is not made by the due date then the company have the right to withdraw the advertisement from the Programme' The Advertiser shall nevertheless remain iully liable for the total contractial value outitanding under this Agreement. d) The company reserverq the riSht to pass the account to.-debt colleciion-ilents{orueioreiv otlne overoue outstanding monies. ln this event, the Advertiser will be liable without exception for.any addition cniifei aoo-e? to tne r..*nt'r,v.oiiJ.iitn ug.ntr. These may include a coltection surcharge plus VAT at the applicable rate, in aOOltionio iny irt.i"ii f.j.f .*ts and other feei iniuii.O in obtaining settlement.
1 6' No notice to the company shall be binding, valid or effective unless sent by recorded delivery post to the company,s address, 17' The benefit of this A8reement is capable of transfer or other disposal by the company (but not the Advertiser) to any third party in whole or in part.
1g' should there be an Act of God, war of the Queens enemies or Act of Parliament or other Government action, strike action, postal delay, extreme weather conditions, force majeure, disaster conditions ;i ;;y ;ihe; i..ion o.yoro tne control ot-ti. corpuny, then the company shall be excused from carrying out the conditions of this ABreement ,itir J no*iiiituation has returned.
19. This Agreement shall in all respects be construed as an English contract subject to English Law,
" ]ffrt"Jflil'r'f:,"#nj!,erl[jj.to obtain business and customer credit rating resutts on any Advertiser and the Advertiser hereby consents to
21 ' No waiver of any rights arising under this Agreement shall be effective unless in writing. and signed by a duly authorised signatory of the party against whom the waiver is to be enforcedl ruo taiture
"i
o"r.v tv
'"it-n.i'i,.1ty
(except in .xerEisini lfrv iic[i po*., or remedy under this A'reement as expressly provided herein) shall operate as a waivei oiinv irin',.iint, power or remedy. 2z' lt is agreed and declared that this Agreement contains all terms and conditions between the parties hereto, supersedes all prior agreements and arrangements with regard to the advertisements and that tne iompanv iias maoe no w.riintv (orafoi otherwise) except as expressly stated herein' lt is further agreed and declared that no monopoly ricnts ifiiii'ue ;njoyed by ih; A';;.;ti;;r-untess endorsed on the Agreement and initialled by the companv's a8ent. without limiting the cen'.raiity oit[. tr&,jiric, ..iin.r prrtlln.ii'n]r"
"nv
statement made to lt upon which it remedy in respect of any untrue may have relieid,in eitering inio tn-is ngre;ment, and a party's only remedy is for breach of contract. However, nothing in this Agreement purports to Lxclude liability for any"trauouieni?t-.i.rn.nt o, u.t.
23' AnyvariationtothisAgreementshall onlybebindingifitisrecordedinadocumentwhlchstatesthatitisvaryingthetermsofthisAgreement
and which is signed in one or more counterparts (ea;h of which tr,Jli u. o..r.d to be an original but all of which together shall constitute one and the same agreement) by the authorised representative of tne novertiiei and a director of the company.
CNAA uK.tOM Tea Oc 1 2

Customer:

Hello, cannot attach doc for some reason, shall email it to you.

Customer:

Hello Ben, there must be some government guidance on fair trading standards and fraud overriding this contract? Please take your time to read it. Thank you, Lucy

Customer:

Ben, some smmary for you:

Customer:

Quality:

Customer:

QUALITY different software, substitute for the original 1st version offensive and disrespectful to vulnerable clients - scull bones, inappropriate negative images, bubbles, purple; 2nd one ugly unprofessional, texts overcrowded, as if mocking my work; potential cause of loss of business; TIME FRAME why charging for 1 location where TV is switched off most of the time; 2nd location has not display at all yet they demand money UNFAIR TRADING STANDARDS lied about cancellation, use my request for cancellation against me; inappropiate may cause loss of business and damage to image of hypnotherapy instead of business promotion; run unauthorised advert at location 1 and claim it's allowed by contract to display because I didn't come up with another version only protested; took deposit on false pretenses and refused to return and cancel agreement withholding information about cancellation period and lying; LACK OF CREDIBILITY aggressive correspondence, denying facts, threats via virtual collections company; unfair contract; general contract can be interpreted in different ways; Police Action Freud confirmed taking on investigation. Recently represented by Atradius.com. Told Atradius about police action and am waiting for court proceedings or would start mine against the company. Thank you Ben, just some additional info, will talk tomorrow pm.

Ben Jones :

Hi thanks for that I will review in more detail and respond first thing in the morning with my full answer, thanks

Ben Jones :

Good morning, as this is a business to business contract it will not be covered by the stricter rules that govern unfair terms in consumer contracts – you are not a consumer therefore these rules will not apply to you. Therefore, you must rely on basic contractual law to protect your rights in this situation. It is not fraud as that is a much more serious issue and this is going to mainly be covered under the common law of contracts. Whilst the police are investigating this, I doubt they would become involved any further because this is a civil matter, not a criminal one, but of course pursue it with them if you wanted to. In any event, your main rights lie in civil law, not criminal.


 


This would generally include things like misrepresentation or breach of contract by the other party. So for example if you they misrepresented the contract before you entered into it, let’s say they provided false promises which could not be materialised, or if they have failed to meet some of their obligations under the contract. All of this is fact-specific and would depend entirely on what you were told, how misleading it was and how different it was from the contract that you signed.


 


In terms of taking the matter further, your rights are more or less as advised by the CAB and TS. If you have suffered losses as a result from what you believe was a breach of contract, then you can sue the company to recover these. However, at the same time they can make a counter-claim for breach of contract by you, so unless there are any significant losses that you have suffered it may be best not to make a claim against them as it will just encourage them to claim against you.


 


Alternatively, you do nothing and simply state that you are terminating the contract due to whatever reasons you wish to rely on (misrepresentation, breach of contract and so on) and then leave them to pursue this if they are willing to. They are the ones that are claiming losses from you so they are the ones that would need to make a claim against you if they wanted to try and pursue you for them. They could continue threatening you as much as they want to but unless they go to court and win, they cannot force you to do anything or pay them anything. So you could just leave the ball in their court and see if they ever take this further to the courts, when you can defend yourself as necessary, or if they just continue making empty threats which have no legal bearing and cannot force you to do anything.

Customer:

Thank you for your wise words. Recently the company have been claiming that they have been monitoring their TV displays at the centres via their own computer system. How can they do it if tone of the centres has not aTV there at all? Isn't it fraudulent statement. I need to check the definition of fraud, yet there was a government statement what frauidulent action means and it described exactly what they have been doing. I wonder if police would be able to investigate this if it went to court.

Customer:

I shall forward an email to you for your viewing and would be grateful for your feedback again. Thank you very much.

Ben Jones :

Hi, thanks for sending the emails. Be careful about raising this as a case of fraud - it is unlikely to meet the strict criteria to actually amount t fraud in a legal sense. Also it is not a criminal matter so the police are likely to drop it eventually. This is an entirely civil matter and the police are unlikely to investigate this, especially if it goes to the civil court

In terms of the evidence, it may be worth trying to get photos of the centre where they claim the TV set is to show at a later date, if needed, that there was no TV there at all. After that as mentioned in my earlier advice it is a matter of either you making the claim or waiting for them to claim against you

Customer:

Hi, thanks again for letting me pick your clever brains. AFPolice told me that they are fraudsters and not to respond to them. They are under investigation of Police Intelligence. I have the referenc number for the court if it would come to it. I'll contact them and ask them again and come back to you. It seems there are two parallel paths rather exclusive. Pity crime seems to be so difficult to handle within the current legal system. I would think that any lies and falsifications would classify as fraudulent actions. Hope Police is serious about this and will contact you soon.

Customer:

Thank you for coming back.

Customer:

How can I make people to testify please?

Customer:

The multimedia installed their Tv at the grove recently around the time when they started action against me.

Customer:

Hi Ben, just two more questions if you could please.

Customer:

The company has several County Call Judgements, what does it mean please? Were they served them by others or did they serve them on others. I heard there are a lot more dissatisfied customers who gave in to their threats. When I approached your website for the 1st time I was not able to continue because of circumstances at the time. Someone answered claiming they would know how to deal with this kind of companies, pity I could not continue.The second time someone gave me only half information of what you did.

Customer:

You clearly explained the situation. Yet if there is anyone on your site who really knows how to deal with falsification of evidence, could you please find out for me? May be you know yourself? I would need someone who could actively help me here if I were to be called to court, which may happen. Thanks

Ben Jones :

Hi, if they have CCJs against them it means that other people or companies have made claims against them in the courts and have won. It does not necessarily mean they were correct in wining but it could be that the company simply refused to answer the claims and that is how they won.


 


As to who can help if this goes to court, you really need someone specialising in civil litigation. I can’t think who specifically would be the best but you can always ask for that speciality at the beginning of your question and someone who know will hopefully pick it up.

Customer:

Thank you Ben.

Ben Jones :

you are most welcome

Ben Jones, UK Lawyer
Category: Law
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Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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