AAAAAA Advertising Fiasco

MisterC · Jul 9, 2008

Having placed a display advert with a trusted directory I was not pleased when they placed my advert ( My company name begins with the letter A ) on page 4 of the classification after companies whose names came later in the alphabet .
They claimed that because these companies had put AAAAAA as part of their trading name they would come before mine in the directory !!!
They condone this tactic which gives preferential placeing in front of other legitimate advertisers .
I therefore put the matter into dispute with them and refused to pay for my advert due to its bad placement .
They have refused to budge on this and have placed my account into the hands of a debt collection agency who are now chasing me .

Please can anyone advise me what to do ?

Regards

Dawg · Jul 9, 2008

Use more A's next time.

It's sooo old you must have known. Pay up, mark it down to experience, or something.

ozbon · Jul 9, 2008

Indeed - this is something that's going to happen on any alphabetical list. It's been going on since (at least) the phone book and Yellow Pages.

As Dawg says, pay up and look at it as experience. The directory has done exactly what you paid it to - put your listing into the directory in alphabetical order.

MisterC · Jul 9, 2008

Thanks for the feedback , I would agree with your views if there was a company called AAAAAAJOEBLOGGS or AAAAAAJOEBLOGGS LTD and that was there legitimate trading name as advertised on their website or on their headed paper/invoices or even on their front door !

Kind Regards MisterC

betterledger · Jul 9, 2008

Hi MrC. I'm a bit green at this online networking malarky so my apologies if I breach any posting protocols etc.

Difficult to generalise in your own specific situation but I'll have a go anyway. May I suggest that you have 2 realistic choices from here:

1. pay the debt plus collection costs and put it down to experience; Pros - avoid any adverse credit reference markers placed against your businesses or your own name & avoid additional costs e.g. if it goes legal; Cons - difficult to just roll-over, I know.

or 2. share details of the dispute with the debt collection agency in writing. A responsible agency will suspend the collection process whilst they pass your written record of the dispute to their client the 'trusted directory'. A reasonable agency should also seek to mediate between their client and you, the 'debtor'. If this mediation fails i.e. you still feel strongly and will not pay then the absolute minimum expectation is that you take the dispute to a local court. Any reasonable collection agency will suspend the collection process in this case BUT there must be an active legal dispute in progress by your or your legal reps.
Pros - buys you time, conveys how strongly you feel to the directory, may possibly result in a reduction in original amount owed even if it doesn't end up in court.
Cons - watch the timing if the directory and their collection agents decide you still owe them the full amount especially if there's no legal process started by you; the collection process could terminate in a very nasty credit marker against you or, if THEY take YOU to court, could make you liable for the original amount, the collection costs AND their legal costs if they take you to court and judgement goes against you.

In deciding upon route 1 or 2, you may want legal help in assessing whether you have a good claim under the Sale of Goods & Services Act. Before that, also read the directory's terms & conditions of trade that you signed up to; chances are they're pretty onerous.

Good luck, MrC. I'd be interested to learn what you decide to do.

MisterC · Jul 10, 2008

Thank you for your reply , I am loathe to 'roll over' just because the directory has more muscle and legal knowledge than me . My opinion may seem simplistic but if every one but me put AAAAAA in front of their legitimate trading name then the directory could have a situation where I would be placed at the end of the classification which is just plain daft !

I am no lawyer but I do feel that there must be some responsibility or duty of care to legitimate advertisers shown by such a trusted leader in this field of advertising.

I will update this posting as the matter continues and welcome any comments and views from others especially if it has affected you in the past .

Kind regards
MrC

OldWelshGuy · Jul 10, 2008

Take a look at their adverts, and see if they comply with the business disclosure laws, if they don't, then report them to trading standards. (assuming your advert does).

Unless the position in the directory is a material fact on the contract, then you ahve to pay. you ;might' have a case to claim that you have been mis sold to, and that is a different matter.

My argument and fight would be NOT that loyts of names have been pushed ahead of you, but that 'there has been a deliberate attempt to manipulate natural listing, initiated by the company reps, and that as a result of their bad practices in encouraging people to breach the business disclosure laws in the UK, your legitimate business has suffered.

M-C Hoare · Jul 10, 2008

I was just reading yesterday about a case (Total Network SL -v- HMRC 2008 UKHL 19) which decided that where there are 2 or more people who use unlawful means to cause damage or loss to a business, those parties can be liable in tort for economic loss.
If the AAAAAAAA businesses have indeed acted illegally in the way they have advertised, with the connivance of the directory, then they (both the business and the directory) could be liable to you for any loss of business you suffer because of this.
This is a new ruling and how far the tort will be allowed to run is not known at this time but it may work in your favour as neither will the directory know how it could go against them.
May be worth drawing this to their attention. You can find the case on the internet via the House of Lord website.
Marie

Tim R-T-C · Jul 10, 2008

Since your only reason to have been #1 in the listing was the A in your name then I don't think you have a claim. You presumably paid the same amount as a firm with a Z in their name who would end up last no mater what.

I take it that they, at no point, ensured you that your listing would appear in alphabetical order, or that it would appear first in the listing.

Jul 10, 2008

Use 1A next time,numbers come first,

Earl

MisterC · Jul 10, 2008

Thanks to everyone who has taken time to reply and give advice , I do appreciate all your comments . I know I can't be specific in giving names but would like to add that one of the advertisers in front of me with the aaaaaa prefix is also a ltd company .
I would bet this is not the name they have registered at companies house .

Although the cost of my advert is substantial as I am a sole trader it is not my only motivation for having a go at the directory . I think this is extemely bad practice and the directory is burying its head in the sand when a legitimate complaint is made . If some one does not make a stand then it gives them credance in their shoddy tactics .

Regards
MrC

KidsBeeHappy · Jul 10, 2008

Unfortunately, it is the norm. I don't know what trade your's is, but take a quick look at the plumbers section. That's always the worst a.aa.a.a.1.1.1.1.a.a.a.1.1.1.1.bloggs & co.

The only comfort you can take is from the other side.

Customers don't tend to phone anyone who lists their business in this way. Becuase if there is one technique that shouts

COWBOY
it's aa.a.a.a.a.a..1.1.1.11..1.1.11.1.1.blogs & co. listing method.

Stonelaughter · Jul 11, 2008

MisterC said:
Thanks to everyone who has taken time to reply and give advice , I do appreciate all your comments . I know I can't be specific in giving names but would like to add that one of the advertisers in front of me with the aaaaaa prefix is also a ltd company .
I would bet this is not the name they have registered at companies house .

Although the cost of my advert is substantial as I am a sole trader it is not my only motivation for having a go at the directory . I think this is extemely bad practice and the directory is burying its head in the sand when a legitimate complaint is made . If some one does not make a stand then it gives them credance in their shoddy tactics .

Regards
MrC

I would take legal advice; and take a copy of MC-Hoare's post above. It's just possible you may have a claim; and it's also possible that if you're not in Small Claims you may be able to set a precedent against this practice.

Mattonella Tile Studio · Jul 11, 2008

When you chose your company name did you choose it specifically because it began with the letter 'a' for directory purposes? What if your ideal company name began with 'z'? Someone has got to come first and someone last in a list. As stated above I don't trust these aaaaaaa1 blogs people, but it's a tactic they've employed, it's not new, and anybody can do it.

You're in the directory, pay for the service that's been provided, and concentrate on running your business.

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