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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Hi, I run a small business and used a trade magazine to distribute

Resolved Question:

Hi,
I run a small business and used a trade magazine to distribute my brochures as an insert in their magazine. I paid and agreed for 6000 brochures to be inserted into their magazines and delivered in August. As they requested I had 6000 brochures printed and delivered to their address, I asked them if they would like me to deliver these direct to their mailing house (as most trade mags prefer this to save on delivery costs) but they insisted on having them delivered to their HQ, so I did.
When the magazine finally went out (3 months passed deadline! Which was a nightmare for our marketing strategy) we only received about 20 enquiries. We usually get around 60 to 70 calls from the exact same brochure when we have used other trade magazines. These other magazines have the same mailing list, so we can compare it on a like for like. I rang some clients who receive the mag and they told me my brochure wasn't included. Out of the 8 clients I called only 2 had received the brochure. I emailed the editor and he replied saying that there where 2 boxes that didn't get delivered to their mailing house and in his words that equates to 1400 brochures short. He said he will look into it and find out where the 2 boxes had gone. This was over 2 weeks ago and he isn't replying to my emails now.
I believe that there were more then 1400 short. ‎I also believe that they had no intention on sticking to their deadline which is why they insisted on having my brochures delivered to their hq instead of the mailing house.
I paid around £800 for the brochures to be printed and delivered and I paid the magazine around £700 to run the inserts. I can get you exact figures if you need them?
What I'd like to know is: can I make a claim to receive my money back? If so how? And for how much do you think I should claim?
Regards
Russ
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello Russ my name is ***** ***** I will help you with this.
Alex Watts : You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
Alex Watts : If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
Alex Watts : The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
Alex Watts : If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.
Alex Watts : Can I clarify anything for you about this today please?
Customer: Hi alex, could be more specific when you say losses? Or tell me what you think to be a reasonable amount based on what ive spent so far. I paid circa 800 for brochures and paid circa 700 to thr magzine for them to run the inserts.
Alex Watts : You can claim for the magazine run and the brochures
Alex Watts : so all losses associated with this.
Alex Watts : Does that help?
Customer: Ok thanks.
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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