Non performance- automatically renewing advertising

Crocus

Free Member
Sep 20, 2010
62
5
Hi all,

Looking to get a steer as to whether I am on shakey ground or not.

Signed up to a 24month agreement- sponsoring a golf club via a 3rd party.

Long painful story short, all 18 sponsors made complaints within 6 months of the agreement starting as the deal we were sold, which was sold as a "valued sponsor" of the club and a relationship with the club- was not in place.

Various threats of small claims were made- no-one followed through as the 3rd party were happy to go to court to fight and we are all sole traders or small companies and the agreement is nothing but a list of contact information- nowhere are the deliverables spelled out other than in every sponsors' personal notes.

I too gave pre-action notification wanting a refund for non delivery of contract as agreed. The advertising 3d party said they were arranging a meeting with the golf club marketing manager as they indicated the relationship wasn't what it should be.

I left them to get back to me and asked a few weels later how it had turned out- zero response and I didn't follow up. The quarterly information that we should have been getting through the 24 months never arrived, our advertising came to nothing, and so this issue has gone from my mind.

Until now- when looking at the original agreement I note it automatically renews for another year unless either party gives 6 months notice.

I am too late to do this and am having kittens thinking I am going to be shelling out more money for something that was not fully delivered in the first term of the agreement.

Any ideas where I stand? Many thanks
 

Newchodge

Moderator
  • Business Listing
    Nov 8, 2012
    22,805
    8
    8,047
    Newcastle
    Do as they do. Stop paying and let them take you to court. Keep a good dossier of all your complaints. In fact I would be inclined to stop paying now and write to say that you are terminating the contract because of their non-performance. And contact all the others to recommend the same.
     
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    fisicx

    Moderator
    Sep 12, 2006
    46,975
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    15,522
    Aldershot
    www.aerin.co.uk
    And I suspect they do t actually want to go to court, they are just saying this to get you to back down.
     
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    JEREMY HAWKE

    Business Member
  • Business Listing
    Mar 4, 2008
    8,639
    1
    4,074
    EXETER DEVON
    www.jeremyhawkecourier.co.uk
    Do as they do. Stop paying and let them take you to court. Keep a good dossier of all your complaints. In fact I would be inclined to stop paying now and write to say that you are terminating the contract because of their non-performance. And contact all the others to recommend the same.

    I agree and I dont think they will take you to court They work on the basis that fear made the wolf look bigger
     
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