Hello my name is ***** ***** I will help you with this.
For now please let me know how much you paid?
What is it you want to achieve?
i understand that this miss selling has happened but i think i should not have to pay the full amount
i'm unhappy with the service i have received
Indeed. So you have paid £47, for the ad, is that all?
How much is outstanding?
sorry the ad was 4 x 104 plus vat initially
they want 609.20 for this next years advertising
Ok. Does the contract say it rolls over?
in very small print
Did you sign it?
this was not discussed on sale of advert
there was no time to read it when i signed it he brushed through the contract information
Ok - well this may be a tough one.
If you didn't pay what they can do is issue proceedings against you for breach of contract for the debt.
Against you is the fact there is a signed contract. The issue that you did not read it is not an issue.
The Judge will have expected you to read it before you signed it, you did not sadly.
Therefore that is a big problem.
On the other side it was mis-sold to you, that is for you.
The more onerous the term the more the seller should do to bring your attention to it
Therefore if it went to Court it would really depend on what a Judge thought.
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.
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
Can I clarify anything for you about this today please?
so would you surjest a compromise with the client to see if he would accept a smaller payment
Yes I would do so because of the Litigation risk
how would a word my approach
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'.
Does that help?
yes thank you
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
if you need more help please click reply