DSR help

[Roisin75]

Hi I wonder if you can help me, I'm a very new small business, and I was contacted by a magazine to buy some space to advertise my business, I said I would take a 1/4 page and he said the graphics team would call me to take my details for the ad.

An hour to two later I called the ugh back and explained due to me being such a new business I didn't have those funds in 14 days, so he said he didn't want to lose me as a client so he said he would get his account to tram to call me on the Monday to put 4 Instalments in place.

Low and behold they didn't called, some called him back and rang into his answer machine, he text me to say he was on it and they would call that day (now Tuesday) but again no call, so today I text him saying I hadn't heard from them and I got no reply.

So I sent them an email, explaining everything and that I needed to pay in installments, only to be told I can't cancel, we didn't agree that and that the full amount is due in 14days, and they sent me a copy of the Distance selling regulations.

I know feel very scared that I'm in trouble when I tried to work around it.

Has anyone got advice for me please

Many thanks

Roisin

 

[UseYourWeb]

Have you actually signed anything like a contract? if theres no contract then you can probably just refuse to pay it. Have they actually one any work for you? like have they sent any proofs of adverts or anything like that?

 

[Roisin75]

Hi thanks for the reply, no nothing's been signed he said that he used a voice recording to accept my agreement, he went to my website took my front page and printed it off and sent it too me via post and that's it.

 

[kulture]

I am sorry,can you clarify one point, they ran an advert by simply copying your web page? They did not ask you to agree the advert, they did not ask you for your advertising copy?

As for the Distance Selling Regulations, they do not apply. They are Business to Consumer regulations and this was supposedly a business to business transaction.

To my mind however they sound like they are just after your money and not at all interested in actually advertising you. I would refuse to pay. I would look at the terms and conditions of their advertising, and I would ask for a copy of the recording, because "you cannot recall authorising them to place an advert for you which you have not seen nor agreed."

I would also google their company name to see if there is a web site or two with reviews of their "service" and potentially other "customers " who may have been similarly treated.

 

[UseYourWeb]

verbal recorded agreement lol...
Yeah these guys sound like scammers to me and I'd be cautious of paying them anything, especially with a credit card or anything like that

 

[Roisin75]

Kulture - They took my website details and said they would have a look at what I have on there and will produce an advert, the next thing I see is basically my home page made into a 1/4 page advert.

I have just looked on their T&Cs and found this

“the confirmation call” means the recorded telephone conversation between the Client and the Graphic Design Company during which the pre-contractual information is disclosed and the contract is established as per the Distance Selling Regulations as set out in the Graphic Design Order Terms and Conditions"

followed by:

Cancellation
5.1 The company will only cancel an insertion order if given formal notice in writing by the Client within seven days of completion of the Graphic Design terms and conditions.

The advert isn't due to run until the end of March.

I am just about to send them another email, with what I have found so far, as they have ignored my last email last night.

I will tell them that if you use DSR then I have the right of 7 working days to cancel my order

 

[CompactLaw]

Sounds very scammy.
You have already emailed them to cancel I would leave it at that.

Do not respond to any further emails, calls or letters from them and ignore any threats of legal action. There are quite a few companies like this that basically threaten small businesses to pay up when it is not clear what is being provided and whether a contract has been entered into.

Would certainly not recommend paying them anything.

 

[Roisin75]

they have just emailed me saying the will consider the instalments and get back to me on Monday!

 

[kulture]

Look the company clearly do not know what they are talking about. The Distance Selling Regulations ONLY apply in contracts between a Business and a CONSUMER. If it DID apply they they have themselves breached it by not sending you a copy of the terms and conditions of the order in a "durable medium." before the service commenced.

Tell them that you have cancelled. E-mail them this. Then tell them to get lost.

 

[CompactLaw]

If you don't mind me asking....

1. How much are they charging you?

2. For what exactly - in terms of design?

3. Where will your ad actually appear?

 

[CompactLaw]

Kulture is right.
They sound pretty dubious.

 

[Roisin75]

Thank you

They are charging me £170 for a 1/4 page for 3 insertions this year, they have basically gone onto my website and taken my home page and used my introduction as what the advert will look like, and it will apparently appear in the Watchdog magazine (slight irony in that)

 

[Roisin75]

Im going to see what they come back with on Monday but will draft them an email over the weekend to fire at them Monday morning, as a new business I really thought I was one step ahead, and have been cautious at most turns but this one has completely knocked me and my confidence.

You live and learn I suppose.

 

[CompactLaw]

I would be inclined to tell them you have already cancelled it and that the matter is closed.
I would also send it today and not respond to any further communication from them.

(You have no way of knowing whether the Watchdog magazine is true and whether it is part of the BBC or just a scam.)

Reputable companies do not engage in this sort of behaviour.

 

[Roisin75]

Should I say I have sought advice ?

 

[CompactLaw]

No don't bother.
Just say you are cancelling it - do via email.
Then, do not respond to any further emails, calls or correspondence from them.
Eventually they will go away.

 

[Merchant UK]

I agree with Compactlaw They only prey on vulnerable people that's why they agreed to the credit terms, it would of been the only way for a sale, so ignore them, don't feed their fire.

 

[cjd]

Once you've fought your way through all of this mess, can I suggest that the learning point here is to NEVER EVER agree to anything during a cold call.

If you are tempted, ask for their offer in writing. (Then throw the bloody thing away.)

 

[Roisin75]

Thank you all, yes CJD I will NOT fall for this one again, infact I wont fall for any again, funnily I had Yell.com call me yesterday to talk to me about what they can offer, I said no thanks I will stick with the free ad ive already taken!

Oh by the way, I had a text message for the original guy today saying sorry he hadn't got back to me but he has been in hospital for the last 2 days, I have responded.

 

[paulears]

Have you actually read the magazine? Is it a publication that people really read? If the magazine are scamming people like this, then the magazine may not even be published.