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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69790
Experience:  Over 5 years in practice
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Good Afternoon my company keep getting phone calls from debt

Resolved Question:

Good Afternoon
my company keep getting phone calls from debt company's and media company's regarding adverts what i have taken out in march this year for awareness magazine ie drug aware, safety aware that sought of thing
I have reported this with trading standards as i can not remember saying yes to this i think i said OK to one but not (12) @ £200-£400 a time i payed the first few but things are getting silly now the collection agents say that they sent the invoice through the post back in march but it didn't arrive here but they said as we have a oral contract its binding
what can i do ?
Ben Bowen
M C Bowen & Son
Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.

I would advise you to ask whoever calls you next to send you in the post written terms or a written contract or proof of the oral contract's terms.

You should also inform them that you have not received their invoice of March and that they should send it to you by recorded delivery or similar if possible.

You should also tell them that until the supply the above documents/information, you will treat their demands as being frivolous and without merit and that they should not call you anymore but write to you.

May i help further?

Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
Are you asking if you are liable to pay? You do seem to accept agreeing to at least one ad? If so, are you concerned that it didn't run?
I am afraid that the answer above is incomplete but I will need this information to give you a fuller answer.
Customer: replied 2 years ago.

Good afternoon Jo

I agreed to do one but haven't been in contact with any of these other companies until we received letters demanding payment of something that we hadn't done (to our knowledge)

They said we spoke on the phone in March and that we had an oral contract.

Received calls demanding payment however we haven't had any form of paperwork since March from any of them.
Just trying to find out where we stand in terms of liability to pay.


Expert:  Jo C. replied 2 years ago.
Thanks for coming back.
Going right back to that one, did they fail to run the ad to your knowledge?
Customer: replied 2 years ago.

We received a copy of a booklet/ flyer from several of them, whether or not they were circulated, we are unsure.

Mainly we're wondering whether the 'oral contract' they say we made is binding.(we have paid the original one and have no queries with that one)

Expert:  Jo C. replied 2 years ago.
Oh yes, an oral contract can be binding. In fact, most contracts are oral. Its rare that anything is reduced to writing.
Whether this one is or not is another matter. You do seem to have agreed to one ad at least and so you are liable to pay for that unless, of course, it didn't run or wasn't to your specification etc.
They cannot tie you into subsequent ads unless that was agreed although, I imagine, they will say that it was and the problem with oral agreements is that you have to show what was agreed.
The truth is that there isn't a way to stop them calling. They will continue to debt collect. In legal theory, that is harassment but the practical reality is that its hard to act upon that.
They cannot take any enforcement action without a CCJ though and to get that they would need to go into court where you would have the chance to defend this.
Can I clarify anything for you?
Jo C., Barrister
Category: Law
Satisfied Customers: 69790
Experience: Over 5 years in practice
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