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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 49868
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I am having trouble with a supplier who supplied advertising

Customer Question

I am having trouble with a supplier who supplied advertising to me, to sell some cars.They have refused to allow me to advertise online, but have refunded the money I paid to advertise my cars, as a result of this I have 30 cars sitting in a forecourt which can not be advertised on the major website.I entered the contract as a sole trader, they say they can terminate the contract at any time, however looking at there terms i have not breached their contract, but the say we have the right to refuse any business.Is there any thing i can argue besides breach of contract, such as hardship or any other case law relevant
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 1 year ago.

Is it possible for me to see a copy of their terms and conditions please?

Customer: replied 1 year ago. i said, they have refunded me the money, however that is not the point, they should not have cancelled.They have the right to cancel under 10.4 if i breach their contract, which i did not.I have spoken to two people, who said because they refunded me, there is nothing i can do.
Expert:  Ben Jones replied 1 year ago.

OK thank you, ***** ***** it with me. I am in court for the rest of today so will prepare my advice in a while and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Expert:  Ben Jones replied 1 year ago.

Many thanks for your patience. Looking at the terms, the Publisher (that being the advertising site) has the right to cancel the advertising agreement or any associated services at any time by giving you 7 days’ notice on convenience – this is allowed under Clause 10.7. Additionally in Clause 10.8 they have the right to terminate it with immediate notice if sent to you by phone, email, fax or letter. So by cancelling the advertising agreement I am afraid they have not breached the contract so you cannot even claim that. A breach of contract would have been the only potential claim here but if they have followed the contract when terminating the agreement there would be no breach here. In the circumstances they have not breached the contract so there is no such claim available. As long as they have refunded you the fees you initially paid then there are no further contractual losses suffered from any breach by them.

I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you

Customer: replied 1 year ago.
They did not provide 7 days notice just stopped all the adds and emailed me on the day
Expert:  Ben Jones replied 1 year ago.

Which is allowed under 10.8. The 7 days notice is only for convenience - it is one way of terminating but they can still rely on 10.8 which specifically says it can be immediately terminated by email

Expert:  Ben Jones replied 1 year ago.

Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

Expert:  Ben Jones replied 1 year ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.