HELP ! i feel stitched up - what can i do?

[mids_biz_guy]

Hi folks,

Im after a bit of help / advice last year i exhibited at a Trade show, we got the stand a week before the show at a discounted price and achived around 200 leads for my business (building trade) this actually resulted in 2 jobs as we discovered most were "browsers" On a high at the show i signed up for the next years show at full price, but the sales person assured me you can change stand location, size or cancel if the leads dont pan out.

I havent yet paid for this stand £3k + and have tried to get out of exhibiting, they have got rid of the sales person and have verbally admitted he was sahdy and promised all sorts to clients to get them to sign up. Ive been told that if i cancel im liable for the full amount, payment was due by 1/8/2010 and have until now ducked and dived.

At the moment its a lot for my business to fork out, does any have any suggestions?

Thank you for your help in advance

 

[Bri]

Regardless of the whether the sales guy was shady the event company should hold the t&c's you agreed to, it appears they are aware of his actions. Your conversion rate is very low from the previous event, although they will argue you generated over 200 sales leads regardless of conversion, thats all their interested in. You also have something going against you now that youve ignored the invoice for over a month and avoided their communications with you, they are entitled to chase payment.

My advice would be to consult with them and negotiate a different stand or position and tell them that in the current climate your budgets have been stretched since the last show.

 

[mids_biz_guy]

ive not ceased or ignored communication to be honest ive just fobbed them off. Ive move the stand to a better location, i just feel badly mis-treated and they dont give a monkeys

 

[mids_biz_guy]

Another query, the original stand was £3270.00 plus vat and then an admin fee this is stated on the contract to exhibit, ive managed to move stand and this also resulted in it being 1m2 smaller. The new sales person e-mailed me and to the letter the e-mail read over two e-mails

"if you are only going down to a 9m2 stand i will waiver the fee and you can just pay for a 9m2 stand"

i then responded

"can you confirm what a 9mtr stand costs?"

The sales person responded

"I can do it for you for £2,943"

Would you take this as the total inclusive price?

thanks

 

[Michael Gerard]

You get out of it by howling 'misrepresentation'!

You only signed the contract as a result of being induced by a false statement made by a previous employee of the company. That statement (ie you can cancel), was material to the contract (ie you relied on it) and if it had not been made, you would not have signed up.

Put this in writing to them and tell them that the contract is voidable. Any witnesses?

 

[mids_biz_guy]

My father who works for me and one of my employees who has been with me since i started the business.

Would they be acceptable to use?

You get out of it by howling 'misrepresentation'!

You only signed the contract as a result of being induced by a false statement made by a previous employee of the company. That statement (ie you can cancel), was material to the contract (ie you relied on it) and if it had not been made, you would not have signed up.

Put this in writing to them and tell them that the contract is voidable. Any witnesses?

 

[Michael Gerard]

My father who works for me and one of my employees who has been with me since i started the business.

Would they be acceptable to use?

Yes. Obviously they are not as 'good' as a truly independent witness is, but providing they were both there and did in fact hear the BS from the sales person, then their witness statements should be good evidence.

But please ensure that next time, you insist on any verbal representations being including in the written contract - and that goes for any contract you sign!

 

[mids_biz_guy]

Would a good course of action to be e-mail this new sales guy and state misrepresentation, and that i have sought legal advice and that the comments made by there former sales guy (ie you can cancel), was material to the contract (ie you relied on it) and if it had not been made, you would not have signed up, adn there for i believe the contract is voidable?

I wondering if i get the ball rolling by e-mail wether they will then just back down or try and offer a me a deal?

 

[Michael Gerard]

Would a good course of action to be e-mail this new sales guy and state misrepresentation, and that i have sought legal advice and that the comments made by there former sales guy (ie you can cancel), was material to the contract (ie you relied on it) and if it had not been made, you would not have signed up, adn there for i believe the contract is voidable?

I wondering if i get the ball rolling by e-mail wether they will then just back down or try and offer a me a deal?

I would write a very aggressive letter to the company and address it to the MD / Company Secretary. You consider that because of the misrepresentation, the contract is voidable (ie, it is still a valid contract but you can repudiate it - if you wish). And state that if they bring any action, it will be defended with vigour and, you have 2 witnesses.

You can conclude (if you wish), that you may consider taking a stand next year, but on different terms (ie if the price and location is right).

Might be an idea to let a solicitor have a look at the letter before sending it.

Also, by getting out of this one, your money is not at risk as no doubt, the company will be keeping it for several months until the next exhibition comes along.

By the way, what do you supply?

 

[mids_biz_guy]

thanks, we specialise in basement and loft conversions. Just finished my second year trading, and were ticking over ok. Its just with this type of show (show based on a tv show about building grand things at the NEC) we might do better than last year in a better position or it might be poor again and we thrown good money away.

 

[Michael Gerard]

thanks, we specialise in basement and loft conversions. Just finished my second year trading, and were ticking over ok. Its just with this type of show (show based on a tv show about building grand things at the NEC) we might do better than last year in a better position or it might be poor again and we thrown good money away.

Where are you based?

 

[mids_biz_guy]

Coventry and we cover 70 miles around our base

 

[Bri]

A little off topic but apt and one of my favourites.

http://www.youtube.com/watch?v=SzfiBMRDc5Y

 

[mids_biz_guy]

apt though

 

[mids_biz_guy]

Just wanted to see if anyone else had any thoughts on this matter, any help is greatly appreciated.

thanks

 

[OldWelshGuy]

You have been given the perfect piece of advice and that was with regard misrepresentation. Why are you still asking for advice?

You have already weakened your case by not sticking to your guns. The simple fact is that the T&C of a contract can be varied at the time of signature is an oral variation is made. This cost the Welsh Rugby union £1m as an employee present at the signing is alleged to have made an oral variation to the contract by answering a question.

 

[mids_biz_guy]

hi oldwelshguy, i appreciate all the help ive been given on this matter, and was just seeing if anyone had any other thoughts. Im going to tackle the company today.

But i d do appreciate your comments. - thanks

 

[mids_biz_guy]

I have spoken to the exhibition company and have raised the misrepresentation act with them and all that has been wrongly done. I was then told either pay all now or you pull out and well come after you legally!

Well folks guess im now awaiting a phone call from the legal department of Media Ten who are the exhibitor doing Grand Designs Live 2010 at the NEC Birmingham.

Will keep you posted - and once gain thank you for all the helpful posts i really appreciate it.

all the best mike