Court Action

Toon

Free Member
Jul 18, 2004
905
14
NE England
This may be a long one but I'll keep it as brief as possible.

Back in August 2005 I received a call from a guy selling me advertising space in a magazine aimed at students. After several discussions and negotiations I agreed that I would take half an A5 page for the reduced price of £300 inc VAt (as apposed to the original offer of £500+) under the agreement I would be sent a copy of the placement of my ad before distribtion (I provided the artwork and was advised they would check it and get back to me to see if it was OK). They sent me an email with an attachment I had to print off and fax back to them. They said there was a problem with the fax so they asked me to send an email just saying I am happy to book the advert - so I did this.
This is the last I heard from them until at least 3 months later I received an invoice of £300+! I emailed them stating that I had not received any communication from them nor a copy of the magazine and that the amount they charged me was incorrect. They said they would send a catalogue out and reduce the invoice to £200 inc for the inconvenience.
Three attempts over several months later and I finally receive a catalogue. I am now receiving letters saying they are wanting court action for the £200.
The catalogue looks professional and my ad seems OK although you have to turn the catalogue on its side to see it (obviously I wouldn't know about this because it's the first time I saw the catalogue).

The last communication I got was "In response to your previous email, a verbal agreement is not an actual agreement, written confirmation in the form of an email or signed document is required and consequently legally binding. The sales person who actually booked the add has left the company which would explain any misunderstanding. That aside you have agreed to book an ad, confirmed the booking and through a number of documented correspondence have had the invoice reduced. The invoice is due to go through to the courts which would attach a county court judgement to your name and company, this will severely affect your ability to gain credit in the future and turn a small dept into a large expense."

Where do I stand? Is it right that I get left in the dark for months on end thinking they were just a bogus company?
 
Hi,

According to your description of the situation I see it as follows. They made you an offer. You accepted the offer. They had delayed carrying out the contract, yet, they did it eventually. The charged you the price for the ad that was reduced in comparison with the initial one what you agreed upon. So what are you dissatisfied with. Is it how they presented your ad or time delay? What do you dispute in this case? Did you sign any written contract?
Sorry, if I don't see something obvious, but I think that a more clear explanation of the situation would contribute to its resolution.

Regards,

Connie
 
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Verbal agreement can modify/constitute a contract but in practice only if you can prove it.

Another option would be to make a without prejudice offer to settle for, say, £100 to get rid of the hassle.

It's difficult to advise properly without seeing what you've actually got in writing - and for contract law Antonia at Limeone or Jonathan at Handson are the experts.
 
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