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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46798
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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ive taken an ad out with Authorised publication ltd "community

Resolved Question:

ive taken an ad out with Authorised publication ltd "community care guide =£400 i have previously a couple of years ago. However this time i requested repeatedly for a copy of the brochures i then phoned the others advertised within and ,,,,,they know nothing about the mags yes its a scam it seems i was told they would be distributed gps hospitals etc, i phoned and no one has ever received them?

I beleive they have recinded on a (verbal) contract, as i have no copy of T&C,
etc im sure you have heard this sorry tale before, but i was under a lot of pressure at the time!

When they phone there is no 1571 trace on the call, i have received 2 letters for final payment, and today an email to say payment must be made by 20th June or it will be "progressed to an external debt collection agency"!
This worries me, however i need advice as what my rights are/
Linda
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. So to clarify, you have not received what you paid for in a sense that the adverts never went out as promised?

Customer:

Hi Ben

Customer:

Yes it appears it is common practice, they produce your add in 1 or 2 copies and do not deliver out to the businesses in my case Gp Practice's and hospitals, dentist etc any and all asscociated with 'Health', i have phoned over 20 and no one receives or have ever heard of the CCG. I was told the ads would be distributed to 150.000+ .

Ben Jones :

What re you hoping to achieve in this situaiton exactly please?

Customer:

That i do not have to pay the invoice of £420.00 as i have previously took the same add out, and paid obviously for nothing.

Ben Jones :

You should not have to worry about your liability to pay these people in these circumstances. You cannot be charged for a service which you did not receive. You may have been promised that your advert will appear in certain publications but if they did not honour their promise and the ads did not appear anywhere, then there is nothing to charge you for – they are actually the ones who have acted in breach of contract and/or misrepresentation.


 


The threats about passing the matter on to a debt collection agency are somewhat empty. They can do so but there is not much the agency can do apart from to send you threatening letters in the hope that you eventually pay them to get them off your back. They are just used as a nuisance and a threat, they do not have any legal powers to force you to pay.


 


If they wanted to force you to pay them the money what they would have to do is take you to court, present their claim and convince the court that you had acted in breach of contract by not paying them for the service which they provided you with, assuming this service is what was agreed at the outset. This is clearly not the case here and in fact it is the opposite – they have acted in breach of contract as they have not provided the services they promised and as such I cannot see a court agreeing with them that they have a right to claim this money.


 


Therefore, it all depends on them taking you to court and winning, something which I cannot see happening. In the meantime they can engage as many debt collector as they want but they do not have any legal powers to force you to pay.


 


Hope this clarifies your position? If you could please let me know that would be great, thank you

Customer:

Last question....can debt collectors just turn up and take things?

Ben Jones :

No, that is a job for the bailiffs and this can only happenonce a court judgment has been issued against you and the other party has commenced enforcement proceedings against you

Customer:

Thank you ....so i just ignore any threats of this kind, and await a letter from the Court, as you say its not likely.

Ben Jones :

yes correct, and if a letter with a claim notification does come through you can then decide either to pay them, agree a settlement or just go ahead a defend the claim

Customer:

Thank you Ben, i had quite a lot on at the time of taking this add out, my mum was dying, and this firm was so nice to me! Im a great beleiver in karma.

Ben Jones :

Yes same here...but as mentioned just ignore their threats and only take this more seriously if the courts get involved

Customer:

Thank you

Ben Jones :

you are most welcome

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46798
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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