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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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A publishing company contacted me and said my name had been

Resolved Question:

A publishing company contacted me and said my name had been passed to them by Building Control as one of their recommended structural engineers and would I therefore like to hold an advert in the brochure Building Control send out. It seemed like a good deal and I agreed. However, when they sent me a proof of the advert all they had done was take my logo of my holding page. I expressed my disappointment and designed my own advert. This was sent in a high res format in all files as requested by them, however, they kept sending back my high res file very distorted. I asked what they were doing with it an could they please send me a high res proof. This was not done and they placed the advert. They are now requesting not only payment for this but said as I agreed to the advert I had also agreed to a website. I said that i did not recall this. After an hour on the phone to them, they then managed to convince me to take out a website with them. After speaking to my wife and getting quite a bit of grief over it, I called them the next day to cancel it. They are now refusing and demanding all monies up front and threatening us with debt collectors. What are my rights? Many thanks, *****
Submitted: 3 years ago.
Category: Law
Expert:  Alice H replied 3 years ago.

Alex Hughes :

Welcome to JustAnswer! I am here to help resolve your legal issue. Tackling legal issues can sometimes get cumbersome or confusing. Should you need to chat on the phone or document help, I am happy to for an additional cost. Let me know at any time during our question and answer session if you are interested in these – I am happy to give you more details!


 

Alex Hughes :

Were you sent a contract/terms and conditions/booking form? If so what are the cancellation rights?

Alex Hughes :

How much are they demanding?

Customer: Yes they sent an email with terms and conditions attached.
Alex Hughes :

What are the cancellation rights set out in the T&C's?

Alex Hughes :

Do you want to attach the T&C's for me to look at?

Customer: The cist if the advertising is 1200, when we got this invoice we contacted th to cancel. They then stated that we where outside the sevens days cooling off period which we where got two of the adverts but not for the website.
Customer:

how do i attach a file, the paper clip is for an image, i'll try it anyway

Alex Hughes :

OK. The bot***** *****ne is that you have entered a legally binding agreement for a service and as a matter of contract law you are bound by that agreement. You are out of time to cancel as the cooling off period has expired. If you are unhappy with the service (the quality of the advertising/website) then you could seek a refund of some or all of the fees on the basis that they have failed to exercise reasonable skill and care. If yiu wish to do this then you should contact the company immediately setting out your complaint and asking for a refund of fees on the basis that they arenin breach of contract.

Customer:

But what about the website I took it out on the 15th and ask them to cancel it on the 16th so well within the 7days

Customer:

We are not disputing the adverts just the website.

Customer:

However they are refusing to budge. My only issue is that I asked them to cancel over the phone and not in writing, and the only record that is in writing is when I queried the invoice that they sent on the 30th June?

Alice H and 2 other Law Specialists are ready to help you
Expert:  Alice H replied 3 years ago.
I have received the T&C's you send and you were within you rights to cancel the website within 7 days. But on cancellation you still have to pay them 80% of the fee. Also the cancellation does have to be in writing. Sadly because you are a business, not a consumer, other rights implied by law do not apply. You rights and obligations are as set out in the agreement that you signed up to. I appreciate this is not helpful to your cause but I have to give you an honest and objective opinion of your position.
Customer: replied 3 years ago.
I thought the cancellation fee was applicable after the seven days!! Not really a cooling of period is it? Not what I was hoping to hear :-(.
Expert:  Alice H replied 3 years ago.
The agreement says:


18. Cancellation of this order is conditional on the Advertiser making a written request to LABC Publishing which must be received within seven days from date of order. In any event, cancellations will be subject to an eighty percent cancellation fee, payable by the Advertiser within fourteen days of such request.

So even if you cancel within the 7 day period a cancellation fee is payable.

I agree its not good. But that's what you signed up to unfortunately.