Advice please - Mis sold Contract by Yell

Discussion in 'Legal' started by GlynB, Aug 10, 2018 at 4:49 PM.

  1. GlynB

    GlynB UKBF Newcomer Free Member

    2 0
    Hi I would like some advice please? I am a sole trader and have been in business for almost 2 years. I agreed a contract with a Yell sales rep to be in Local VIP position 1 or 2 in a number of my local areas at a cost of £87 a month for 12 months. When the listings went live I was up to 6th position down the listing and there were a number of big companies above me. I queried the listing as why I was not at the top which is what I had been sold and was told that the other companies are sponsored listings and the Local VIP meant that I was at the top after these. At no time did the sales rep explain this - which he said he did when my complaint went in. There was my wife and myself present and neither of us heard him mention anything about sponsored listings if he had and explained that in reality I would be number of places down the list I would not have agreed to the contract . The one company at the top I actually sub contract to so why would I knowingly pay to be listed a number of places below them. I am having a battle to cancel as the customer services are saying he sold it correctly but said on the phone that may be he didn’t explain it sufficiently and offered 4 months off as a good will gesture. I understand B2B have less rights but I was given nothing in writing at the time of discussion only shown the areas on a computer screen and the list of areas and price. Even the signature which he got my wife to sign as I had to leave was done on the computer, she informed him that she had no involvement in the company and he said that would be fine. The document now shows her as the company secretary. Do I have a legal right to cancel this contract or do I have to pay the 80% of the contract price they are asking to get out of it. Any help would be much appreciated- thank you in advance
     
    Posted: Aug 10, 2018 at 4:49 PM By: GlynB Member since: Aug 10, 2018
    #1
  2. JEREMY HAWKE

    JEREMY HAWKE UKBF Legend Full Member

    3,287 1,064
    If yell.com spent more time promoting its customers businesses and less time trying to enforce contracts after they have disappointed people on what they have promised They would be a far more successful company .
    It would be OK if @GlynB was the only issue that you came across but without little effort you will find people with the same complaint all day long
    I have just cancelled a contract with them mid term . The add preformed poorly but it was not helped by the fact the local numbers were 100 miles away :):)

    I wont be putting up with any B S from yell.com either in the court or in the boxing ring :):)
     
    Posted: Aug 11, 2018 at 4:04 PM By: JEREMY HAWKE Member since: Mar 4, 2008
    #2
  3. Steven001

    Steven001 UKBF Newcomer Full Member

    21 5
    I just helped the company I work for claw back thousands of pounds from Yell due to their diabolical digital advertising package which just wasted our money. We retained all the email and screenshot evidence of the poor positions of listings we paid for as well as the incompetence of the tech support.

    Below is a copy of an email I sent to the new campaign manager after a rather lengthy and heated meeting with our Yell rep. Names have been redacted.

    Hi redacted,


    The email you sent me includes factually incorrect statements, please see below;




    1. Firstly, I have video evidence of the Google Adwords click campaign which shows that every single campaign was affected by an incorrect URL which meant that Google had disapproved them all. Just to reiterate, it was not merely the 2 low traffic, no conversion campaigns you mentioned, ALL of them were affected and this error is down to redacted manually guessing our website URL when he should have just copied and pasted it from an address bar after visiting our website. Had he done this, the error would have never occurred because our website has always used the http prefix (5 years +) never the www, so the change to https would have followed on perfectly without any issues.


    Video was taken today and is time, date and location stamped. Here is a link to the video: redacted




    2. Secondly, please see the email directly below this one which contains a response from redacted confirming that he will "ask redacted to stop the campaign at the end of June" this directly conflicts with your statement that there is no end date.




    Lastly, you mentioned you were taking over from redacted and knew little of our experience with the digital side of Yell, here is a summary;




    An overview of the Google Adwords Yell campaign:


    Our agreement was with Yell to construct a digital campaign with the primary purpose being the promotion of our appliance repair service. Advertising for sales was never a priority and so a maximum of 10 % was agreed for this area. Nevertheless, we were told by redacted that we HAD TO spend all the budget and no more money could be spent on advertising for repairs. We were told that some of the money would be directed to sales but it turned out that almost all the money was spent on sales advertising (80%) which is absurd as we weren't ecommerce then and we still aren't today. Consequently this meant a massive wastage of our money and we sought contact with one of the campaign representatives in order to discuss the matter.


    After a lengthy and unproductive meeting with redacted where we aired all our legitimate concerns, we asked redacted to contact his superior as lies had been told to us regarding the spending of the budget, this resulted in redacted being involved.


    Subsequently we found more problems which included tampering of our Facebook page where our reviews were turned off throughout the entire campaign, losing us a lot of potential ground, a long string of spammy posts appearing on our Facebook page making us look like an untrustworthy company and our Yell.com reviews magically disappearing after being up for many years which make us look like a new advertiser, despite the label on our adverts reading 15 years with Yell! We have email evidence to support all this.




    Other problems:


    Date Adwords campaign started 16.08.17


    Date redacted stopped asking for my assistance in setting up scripts and access features 06.02.18


    Again, I have email evidence of all of this and it should show you that the groundwork was not done before the campaign launched. We stressed this point in the meeting with redacted and it's mind-boggling that it was almost at the end of the campaign when everything was in place.


    redacted and I both feel the level of incompetence and mismanagement of this campaign is startling considering who Yell is. As a result we want to completely stop Yell managing anything digital for us. By the way, redacted knew the Yell team had screwed up badly and this is why we were reimbursed a few thousand pounds, clearly an admission of guilt on behalf of Yell. The reimbursement is evidenced in emails below.




    Finally


    After finding out today that our Adwords campaign has been non-operational for over a month, redacted and I feel we should be reimbursed additional money as this is clearly unacceptable. It is not possible to know how much business we have lost money wise, but I can tell you compared to previous years we are down approximately 70% in the amount of chargeable repairs we take.


    I really wish it hadn't come to this as we have had fantastic service from Yell for over 25 years of advertising in your printed books. It's a shame you are phasing them out and just providing digital services, it would seem logical to assume our experience is not unique so I really don't think Yell are ready to provide digital advertising.




    I await your comments.


     
    Posted: Aug 12, 2018 at 8:49 PM By: Steven001 Member since: Aug 1, 2018
    #3
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  4. Cube Digital

    Cube Digital UKBF Newcomer Full Member

    16 5
    Guys like me love picking up Yell managed AdWords accounts as there are so many easy optimisations to act on right from the beginning.

    Unfortunately, they seem to under deliver and overcharge, compared with the PPC market in general.
     
    Posted: Aug 13, 2018 at 12:14 PM By: Cube Digital Member since: Aug 9, 2018
    #4
  5. Supercoach

    Supercoach UKBF Regular Free Member

    271 51
    If misrepresentation has occurred then you are not bound to the contract.
    Put your complaints regarding the misrepresentation in writing and invite them to take action against you.
    You may want to contact @smallclaimsassistance on the forum to help you draft an initial response
     
    Posted: Aug 13, 2018 at 1:29 PM By: Supercoach Member since: Feb 10, 2015
    #5
  6. Paul Norman

    Paul Norman UKBF Ace Free Member

    2,275 666
    This is a frequently repeating topic.

    I hope someone can help you get out the contract with them.

    But for the benefit of all the passing traffic let's be clear about this.

    Yell are expensive, and have a poor reputation for this kind of work. They are one to definitely avoid.
     
    Posted: Aug 13, 2018 at 2:02 PM By: Paul Norman Member since: Apr 8, 2010
    #6
  7. JEREMY HAWKE

    JEREMY HAWKE UKBF Legend Full Member

    3,287 1,064
    They are very dumb they try to enforce the contract regardless as if they are correct or no

    Are they going to tell a court judge that they supplied local numbers as agreed in the contract but they were Bournemouth numbers for Plymouth
    I wonder how many cases they actually win
     
    Posted: Aug 13, 2018 at 2:11 PM By: JEREMY HAWKE Member since: Mar 4, 2008
    #7
  8. GlynB

    GlynB UKBF Newcomer Free Member

    2 0
    Thank you for your reply’s - we copied the last email to the CEO - they are supposed to be dealing with now. Not holding out much hope tbh based on current conversations with them. I also looked in the contract no mention of sponsored listings just says local VIP position . No indication of no right to cancel but does refer to terms & conditions in declaration . But this is not shown to you . Terms & Conditions aren’t sent with the contract.
     
    Posted: Aug 13, 2018 at 10:15 PM By: GlynB Member since: Aug 10, 2018
    #8
  9. Chris Ashdown

    Chris Ashdown UKBF Legend Free Member

    9,410 1,910
    What really maters is the contract wording you signed, there may be faults on there side but if they provide what they contracted to they will win in court

    You have achieved a win so far thats good news but you will need a lot more to cancell
     
    Posted: Aug 13, 2018 at 10:41 PM By: Chris Ashdown Member since: Dec 7, 2003
    #9
  10. JEREMY HAWKE

    JEREMY HAWKE UKBF Legend Full Member

    3,287 1,064
    Agree Chris but when a company has more potential litigations that it does happy customers are they going to take everybody to court ?

    When word gets around that taking customers to court is their only success will they have any customers

    These are not fraudsters they are falling out with they are decent businesses .
    In the interest of fairness I will exclude myself from that last statement
     
    Posted: Aug 14, 2018 at 6:49 AM By: JEREMY HAWKE Member since: Mar 4, 2008
    #10
  11. Chris Ashdown

    Chris Ashdown UKBF Legend Free Member

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    I doubt any go to litigation, they are on a 12 month contract and after a few months notice something wrong and complain, by far the majority of customers would just refuse to continue after the 12 months and take it as a lesson learned, sales person gets their commission and the company gets its share with the next mug around the corner ringing them up
     
    Posted: Aug 14, 2018 at 12:14 PM By: Chris Ashdown Member since: Dec 7, 2003
    #11
  12. Gordon - Commercial Finance

    Gordon - Commercial Finance UKBF Enthusiast Free Member

    562 124
    Seems there is a post here every other week about someone having issues with Yell. How are they still getting business? Surely a very quick google search before entering into a contract would show enough negative results to put anyone off?
     
    Posted: Aug 14, 2018 at 1:49 PM By: Gordon - Commercial Finance Member since: Jun 26, 2017
    #12
  13. Chris Ashdown

    Chris Ashdown UKBF Legend Free Member

    9,410 1,910
    It's a well known company from the past and people just remember that and use them. Trouble is you have to be over a certain age to remember when they were the Google of today

    History can be hard on companies who were slow to move with the times, anyone remember British Leyland and quality products like the Marina
     
    Posted: Aug 14, 2018 at 1:57 PM By: Chris Ashdown Member since: Dec 7, 2003
    #13
  14. Mr D

    Mr D UKBF Legend Free Member

    8,219 838
    Then people would be put off quite a number of companies. Including many couriers.
     
    Posted: Aug 14, 2018 at 2:04 PM By: Mr D Member since: Feb 12, 2017
    #14