Authorised Publications Ltd. - Have I been had? Help!

[TheSugarRoseCakery]

Hi everyone. Not really sure if I'm posting in the right place, but here goes!

Having started my own business a couple of months ago, last month I received a call from Authorised Publications Ltd, got completely suckered in by the sales pitch, thinking an editorial double A4 ad at the front of Self Care Guide from October for £300 with the option to spread payments after October sounded amazing, an opportunity that shouldn't be missed, so after they sent me an initial "this is what you'll get for your money", I replied with "please book" under the direction of the man on the phone.

I feel like an idiot. Having now done a bit of research and not being entirely happy with what I found, I emailed Authorised Publications Ltd this morning (six weeks after my first contact with these people, the only other correspondence I've received was a "payment advice" letter in the post, on which they got my name wrong, and a letter from the graphic design guy), and basically said I wanted to cancel.

Got an email back saying it was too late to cancel from a Ray Young, and that by replying "please book" to the original email I had agreed to their terms and conditions. I disagreed and articulately put my argument forward, and stated again that I did not want the advertisement booking to go ahead, that they did not have my permission to use any of my details in an advertisement and if they persued the advertisement booking without my approval then i would be contacting Trading Standards and seeking legal advice.

He has since replied twice, once to say that there would be a cancellation fee of 50%, which he calculated at £127 including vat, the second email to say he'd miscalculated and that it was £177 but as it was his mistake he'd let me pay the £127. How very generous!

Now, the question is, where do I go from here? Do I email him back and politely refuse his offer to let me pay £127 to cancel my advertisement booking or just get in contact with Trading Standards and see if they can help? Honestly, I don't even know if legally I have a leg to stand on. Any advice would be greatly appreciated.

 

[Newchodge]

Did the first email they sent include their terms and conditions? If so, did they mention cancellation fees?

If you got the terms and conditions before you said please book, you may have a problem.

 

[mhall]

You have very little protection as it is a business to business deal. Unless you enjoy the hassle and grief of a fight (which I love) I would just pay the £127 in full and final settlement and learn the lesson. If it did ever get to court you would be deemed at fault as, because you run a business, you should know better. THis will be the first of many scam artists that contact you and try and bleed you dry.

You could run the risk that he won't take you to court if you want.....

 

[TheSugarRoseCakery]

Thanks for the quick reply guys.

The email I replied to didn't contain the terms and conditions, but there is a link to them in the small print at the bottom of the email. Having read through the terms and conditions, there is nothing stipulating any cancellation fees, just that you may cancel in writing within seven days of the order being placed.

I just feel like such a dummy. I shall definitely learn from this!

 

[Newchodge]

Did you have to tick any boxes or state that you had read the terms and conditions?

It may be worth fighting if they had not specified their terms and conditions before you agreed.

 

[MikeJ]

http://www.scambook.com/report/view/131200/Authorised-Publications-Ltd-Complaint-131200-for-$0.00


http://www.blagger.com/db4/company_id/7798/companyname/Authorised-Publications.html

https://www.tapa.co.uk/ledger-of-support-publishing-firms.php


Send them those links, tell them you'll enjoy seeing them in court.

 

[TheSugarRoseCakery]

No, didn't have to tick any boxes. I don't know if it helps, but I've copy and pasted the email below:


On 10 May 2013, at 12:00, Jade Zygo wrote:

Please book


On Fri, May 10, 2013 at 11:58 AM, Frank Wilson wrote:


Hi Jade

Further to my conversation would you like to consider a position in the 'Self Care' A5 Magazine for the Kent area.

SIZE OF ADVERT:INSIDE FRONT COVER COLOUR PAGE POSITION IN THE MAGAZINE AT THE REDUCED PRICE OF £295.00 + vat


PLUS THE WHOLE OF THE OPPOSITE PAGE WILL BE INCLUDED FREE CULMINATING INTO A DOUBLE PAGE SPREAD AT THE VERY FRONT OF THE MAGAZINES


THIS PACKAGE WILL ALSO INCLUDE FEATURING THE SUGAR ROSE CAKERY COMPANY LOGO ON THE FRONT COVER POSITION OF THE MAGAZINES




SPECIAL DETAILS: INVOICING NOT UNTIL SEPTEMBER 2013 .
spread payment facility available on request
Free Artwork and Design


IF YOU WOULD LIKE TO TAKE ADVANTAGE OF THIS OPPORTUNITY PLEASE REPLY TO THIS E-MAIL WITH THE WORDS PLEASE BOOK AND YOUR POSTAL ADDRESS

We will then confirm the details in writing to you and the production team will contact you in due course.


Many Thanks
Frank Wilson
(Telephone number)

WEB ADDRESS : (apltd web address) <<<<<<<<<<<< CLICK ON WEB ADDRESS TO VIEW GENERIC EXAMPLES OF THE 'SELF CARE' MAGAZINE



Tel 01923 204543 fax 01923 204544
APLtd Head Office 119-121 Brent Street London NW4 2DX
Webapltd web address)

_______________________________________________


IMPORTANT: Please check all proofs carefully and email or fax back any alterations.
WE CANNOT ACCEPT ANY RESPONSIBILITY FOR ERRORS NOT CORRECTED.

Please email your approval or fax back your signed approval to 020 8457 3090 / 020 8457 3060
APLTD is an independent publishing company and has no association with any other organisations unless clearly stated.

This e-mail is confidential and intended for the exclusive use of the addressee(s) only. You should not disclose its contents to any other person. If you are not the intended recipient please notify the sender named above. Please note that any views or opinions presented in this e-mail are solely those of the author and do not necessarily represent those of the company.

Please Save a tree. Don't print this e-mail unless it's really necessary.

Please protect the environment by printing this E-Mail only if essential.
I have read & understood the T & Cs at (link to t&c)

It also may be of note that it asks that I reply with "please book" and my postal address, and although I gave my postal address to the guy on the phone, I didn't include it in the reply. Like I said, the only post I've had from them was a "Payment Advice" letter, which is a basic order sheet with no detail of what was ordered. It just says "West Kent Self Care Guide", a reference number, the amount that will be charged, and it states that it is not a vat invoice. So, I've not actually received any written confirmation of order details. I don't know if that makes a difference? Also, as a side note (or I may be clutching at straws!) I have noticed that the registered office address for Authorised Publications Ltd. is different to that on the letter I received from them.

 

[TheSugarRoseCakery]

Send them those links, tell them you'll enjoy seeing them in court.

Ooh you beauty! Thank you!

 

[Root 66 Woodshop]

Is there not an opt out link on their emails then?

If there is, click on it... and ignore the scroats.

 

[TheSugarRoseCakery]

So I found this when looking into the UK Distance Selling Regulations:

Cancellation period for services

- where the obligation to give written confirmation and additional information is not fulfilled within three months beginning with the day after the day on which the contract for services is concluded, the cancellation period is the period of three months and 7 working days from the day after the day on which the contract is concluded, regardless of whether performance of the services has begun or has been completed.

Can this be used as in the original email it says "We will then confirm the details in writing to you" and I am still waiting for written confirmation of the details?

 

[Paul_Rosser]

So I found this when looking into the UK Distance Selling Regulations:

Cancellation period for services

- where the obligation to give written confirmation and additional information is not fulfilled within three months beginning with the day after the day on which the contract for services is concluded, the cancellation period is the period of three months and 7 working days from the day after the day on which the contract is concluded, regardless of whether performance of the services has begun or has been completed.

Can this be used as in the original email it says "We will then confirm the details in writing to you" and I am still waiting for written confirmation of the details?

The DSR doesn't apply to B2B transactions and is only for consumers I'm afraid.

 

[Vectis]

I think you may have to put this down to a lesson learnt, especially as you have agreed to it.

You could try and tough it out like some have suggested but, unless you want the hassle of phone calls chasing payment, threatening letters etc, then you might be as well to cough up.

If you're going to get caught by a con then at least you haven't actually been caught for very much and you wont get caught again.

 

[kerby]

In answer to your plight Ive just had them phone me three times, I replied please book to the third publication but then away thinking about it became suspicious. Its all too good to be true. I asked for a mag but didnt get sent one. Although I have been told that someone from accounts will ring me later. However Ive already informed by bank this is a scam, and emailed them that I know it is!!! Don't worry about going to Court, I am sure they will understand - dont give them any money at all - or you are agreeing that you owe them for work? Not even a £1. Copy and paste this comment if you like if it will help. Yes when you start in business you are taken in as it is an uphill struggle - however on reflection it is hard and takes time to establish. Hope this has been of some use.

 

[LTEntertainment]

You say they got your name wrong on correspondance.
If it's wrong everywhere then that effectively makes any idea of a contract null and void.

 

[MatthewH]

They are obliged to draw your attention to their Terms and Conditions before or on commencement of a contract. As it is, their Terms and Conditions are in the footer below all of the other signature crap; a court would likely find this unsatisfactory in terms of drawing your attention to it, because who reads email signature footers? Nobody.

That said, you are generally bound by the Terms and Conditions once they've been brought to your attention even if you don't actually read them[1]. In this case, no product actually exists so can any contract be said to have formed? They are in breach for not providing the product, and you may be in breach for not paying for the 'service' provided, but in this case, they're not likely to be able to take it to court, as they'd need proof they actually made and distributed the product in adherence to the terms and conditions of the contract.

I think you're safe enough to ignore them, other businesses have judging by the links to review sites other members have posted on here.

[1] Parker v. The South Eastern Railway Co (1877) 2 CPD 416

 

[CAEDAN]

Afraid you will have to put it down as a lesson learned- keep on your toes, as there will be lots of other charities, emergency services and so on that will call you now. IGNORE THEM ALL - if you want advertising, go and find it yourself.

These people change their names regularly. You can freak them out, by asking them for their telephone number so you can phone them back. They won't give it to you! There was one company owned by one bloke that was wanted all over - they used to call, and you would ask if interpol had caught up with him yet - and the line would go dead! lol!

Ignore all sales calls - they are all parasites anyway. If they have to call you, then they usually a good reason, and that isn't good for you.