Demanding refund for advert that was not printed

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F

Future Freak

  • #1
    I had a magazine that publishes a student magazine contact me to place an advert in the magazine.

    They sent me copies of previous issues and all seemed legit. So I decided to go for placing an advert with them. I signed the forms, sent the ad. and paid by card.

    The ad was due to go into the March issue and it has a discount voucher code in there that could be used to track sales from the ad.

    No vouchers were redeemed, so I started to think that ad. hadn't run, so I chased them up for a copy of the issue. Lots of phone calls and emails and excuses of death in the family/promises of sending me a copy have resulted in no copy of the magazine with the ad. in it.

    I am just about to write them a letter demanding a refund.

    I plan to:

    1. send the letter via registered/signed for post.
    2. demand that I receive (within 14 days of receiving the letter) either a. proof that the ad. was run in the specified issue or b. that they give me a full refund.
    3. If no response is forthcoming - what legal steps would be next to pursue?

    Is there anything else I can/should do? Can I charge interest on the £300+vat that they have sat on for 4+ months? If so - how much do I charge them?

    Thanks for any help.
     
    A

    andysv1k

  • #2
    Are there any other methods of obtaining a copy of the magazine first?

    Sometimes advertising and marketing can just have no results (i know!)

    It might be worth knowing for sure, also if you can get two copies, if it doesnt have your ad, i would include one in the letter to them, this shows that you have first hand knowledge that it wasnt there.

    Andy.
     
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    M

    Magsite

  • #3
    I had a similar experience where I placed a yearly add which would appear in every issue of a magazine (just a small insert on Opportunity Finders, so when some one saw the name of the company I promote ( VWD Lottery Syndicate Affiliate ) they would request details and the magazine would pass on the request to me))

    It then became apparent that instead of passing the details onto me they passed the details directly to my company VWD so bypassing my commission.

    I had about 10 leads the first month passed directly to the company. When I complained to the magazine I've not had a single lead for about 8 months, they say they are looking into it and they had computer difficulties bla bla bla

    I'm still complaining to them but they are so shocking.

    I then spoke to a fellow promoter of e-Lottery's Lottery Syndicate and he paid for a full page editorial costing over £2000. The magazine called him the month after and offered him a second advert. When he said he couldn't afford it they tried to give him the incentive that if anyone replied to the opportunity finder and asked for details of the vwd affiliate sheme they would be passed directly to him.

    Unfortunately this person asked me to promise not to tell the magazine that I am aware of what they are doing, no doubt this is unlawful and is a scam.

    Lisa
     
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    Y

    YEM

  • #4
    Future Freak said:
    I had a magazine that publishes a student magazine contact me to place an advert in the magazine.

    They sent me copies of previous issues and all seemed legit. So I decided to go for placing an advert with them. I signed the forms, sent the ad. and paid by card.

    The ad was due to go into the March issue and it has a discount voucher code in there that could be used to track sales from the ad.

    No vouchers were redeemed, so I started to think that ad. hadn't run, so I chased them up for a copy of the issue. Lots of phone calls and emails and excuses of death in the family/promises of sending me a copy have resulted in no copy of the magazine with the ad. in it.

    I am just about to write them a letter demanding a refund.

    I plan to:

    1. send the letter via registered/signed for post.
    2. demand that I receive (within 14 days of receiving the letter) either a. proof that the ad. was run in the specified issue or b. that they give me a full refund.
    3. If no response is forthcoming - what legal steps would be next to pursue?

    Is there anything else I can/should do? Can I charge interest on the £300+vat that they have sat on for 4+ months? If so - how much do I charge them?

    Thanks for any help.
    Click to expand...

    Hi,

    it sometimes is the case that they have fogotten to send you a copy, but if they are now fobbing you off etc, I'm not exactly sure what you can do.

    In such circumstance, I would advise you to give them a call, tell them that you paid for an advertisement in issue X and that you had yet to receive a copy of the magazine in which your advert was booked for - male sure you are speaking to the distribution department, or the salesperson that sold it to you in the first place. If you still receive no magazine, contact trading standards who can gice you some free advice

    I'm concerned that registered post or not, if they have fobbed you off already, they may just ignore your letter.
     
    Upvote 0
    bwglaw

    bwglaw

    Free Member
    Apr 8, 2005
    4,567
    242
    Richmond, Surrey
  • #8
    Dave Hybrid said:
    Ring your credit card company, in most cases they will start a chargeback and return your money pretty fast.
    Click to expand...

    First establish that the advert was not printed in the agreed issue before doing a chargeback or this could become a messy situation. It would be a good idea to send a letter by recorded delivery pointing out you require evidence of the advert being printed or the credit card company will be instructed to do a chargeback. Allow them say 14 days to reply.

    Jonathan
     
    Upvote 0
    D

    Dave Hybrid

  • #9
    handsongroup said:
    First establish that the advert was not printed in the agreed issue before doing a chargeback or this could become a messy situation. It would be a good idea to send a letter by recorded delivery pointing out you require evidence of the advert being printed or the credit card company will be instructed to do a chargeback. Allow them say 14 days to reply.

    Jonathan
    Click to expand...

    Original poster stated that this has been going on for 4 months, I would think he is more than entitled to get his money back if they ignore him and do not help in any way.
     
    Upvote 0
    bwglaw

    bwglaw

    Free Member
    Apr 8, 2005
    4,567
    242
    Richmond, Surrey
  • #10
    The OP is legally required to send a 'letter before action' as evidence to give the service provider an opportunity to justify the claim. Reading the OP's initial post I have confirmed his intentions.

    My point was not to rely on telephone calls and give formal notice which is hard to dispute in Court

    Jonathan
     
    Upvote 0
    Adman

    Adman

    Free Member
    Jul 27, 2006
    254
    8
    Leeds
  • #11
    It's a bit '...after the horse has bolted' but here are a few pointers for picking a publication to advertise in. (in no particular order).

    Rule 1. The ability of their sales team is inversly proportional to the quality of the publication. Good titles always have crap sales teams and visa versa. Beware of the hard sell.

    Rule 2. Just because they have a few old versions knocking round does not mean they print the 50,000 they say they do. (they may only print 50 that they use for selling).

    Rule 3. Just because they print 5,000 or 10,000 does not mean they distribute them to the people they say they do. (they hang around the warehouse for 2 months then go in the skip).

    Rule 4. Most new titles don't live to see their first birthday - if they've been around 10 years they are less of a risk.

    Rule 5. Make sure they have an audited circulation - ie someone has checked them out - either ABC or VFD if it is a free title.

    Rule 6. Never fall for the special offer, you know the sort of thing...'this space is usually £1000 but we have had a last minute cancellation/it is the Queen's birthday/the weather is hot etc etc, you can have it for £10 - even if it is a Friday afternoon and you're on a promise tonight!

    Rule 7. Get one of the old copies, ring up one of the advertisers, ask for the marketing department and ask them if it worked!

    If you need some advice on a particular title ask me - I have access to over 11,000 publications and I can tell you if they are legit in 30 seconds, no charge.

    Hope that helps you'all!

    Adman
     
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