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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I advertised with a company year, he explained there

Resolved Question:

I advertised with a company for a year, he explained there would be four payments . which i have paid
what he did not explain was that the advertising rolls over for another 12 months and you need to cancel by letter which needs a signature for proof in the small print
I thought a good advertiser would have contacted you near the time, asked if you wanted to change your advert , he obviously new i would not want to continue i feel this was miss sold to me and he has forward me on to a debt collector
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know how much you paid?

Customer:

£47.00

Alex Watts :

What is it you want to achieve?

Customer:

i understand that this miss selling has happened but i think i should not have to pay the full amount

Customer:

i'm unhappy with the service i have received

Alex Watts :

Indeed. So you have paid £47, for the ad, is that all?

Alex Watts :

How much is outstanding?

Customer:

sorry the ad was 4 x 104 plus vat initially

Customer:

they want 609.20 for this next years advertising

Alex Watts :

Ok. Does the contract say it rolls over?

Customer:

in very small print

Alex Watts :

Did you sign it?

Customer:

this was not discussed on sale of advert

Customer:

there was no time to read it when i signed it he brushed through the contract information

Alex Watts :

Ok - well this may be a tough one.

Alex Watts :

If you didn't pay what they can do is issue proceedings against you for breach of contract for the debt.

Alex Watts :

Against you is the fact there is a signed contract. The issue that you did not read it is not an issue.

Alex Watts :

The Judge will have expected you to read it before you signed it, you did not sadly.

Alex Watts :

Therefore that is a big problem.

Alex Watts :

On the other side it was mis-sold to you, that is for you.

Alex Watts :

The more onerous the term the more the seller should do to bring your attention to it

Alex Watts :

Therefore if it went to Court it would really depend on what a Judge thought.

Alex Watts :

On the positive side if they did try and take it to Court, they couldn't recover any legal costs for lawyers etc as these can't be recovered generally in a small claim.

Alex Watts :

So there you have the things for and against your case. Litigation is not certain so sadly I can't give a firm answer one way or another

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

so would you surjest a compromise with the client to see if he would accept a smaller payment

Alex Watts :

Yes I would do so because of the Litigation risk

Customer:

how would a word my approach

Alex Watts :

Just word any offer without prejudice and say 'without admission of liability you offer £x in full and final settlement in order to resolve the dispute'.

Alex Watts :

Does that help?

Customer:

yes thank you

Alex Watts :

Great. If I could ask you to rate my service before you go today please, the button should be at the bottom of the screen

Alex Watts :

if you need more help please click reply

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