Yell contract mis sold and can't cancel

Discussion in 'Legal' started by Bethany Bell, Feb 6, 2018.

  1. Bethany Bell

    Bethany Bell UKBF Newcomer Free Member

    Posts: 2 Likes: 0
    Hi there,
    I have only just started up my own business this January and am very new to this. I got called up by Yell trying to sell me an advertising contract. They overwhelmed me with savvy words and told me how I was advertising wrong then showed me this attractive advertising package that would get me loads of traffic to my site and lots of potential new customers. Then at the end he told me it's £86 a month so I went along with it thinking there is a 2 week cooling ing period and I'm aware that should have asked but this is all very new to me. 7 days later or 5 working days I have received no website traffic, phone calls or interest in my business. I found they had 2 identical adverts up for me, one I was paying for and one that was free, I wasn't even aware that there was a free listing option. They put the wrong address and phone number in and my reviews were only showing on my free listing not my paid listing. Why am I paying £86 a month for something there putting on for free clearly had i have known i would not have shown any interest. I phoned them today to cancel as I was under the impression that you get a cooling period but they told me I have no consumer rights as I'm a business and therefore there is no cooling time so I'm now stuck in a 12 month contract paying money i can't afford to pay without any profit. I was cold called by them and mis sold a service
    I would appreciate any help and advice on getting out of this.

    Kind regards Bethany Bell
     
    Posted: Feb 6, 2018 By: Bethany Bell Member since: Feb 6, 2018
    #1
  2. fisicx

    fisicx It's Major Clanger! Staff Member

    Posts: 27,764 Likes: 8,185
    What exactly were you missold? Did the salesperson make any specific promises or claims that you can use as evidence of miselling?

    I agree that Yell are an appalling company and their adverts are useless but their contracts are pretty watertight.
     
    Posted: Feb 6, 2018 By: fisicx Member since: Sep 12, 2006
    #2
  3. Mr D

    Mr D UKBF Legend Free Member

    Posts: 5,179 Likes: 504
    Business contracts don't have the same protection you get as a consumer.
    Exactly what did they mis-sell?
     
    Posted: Feb 6, 2018 By: Mr D Member since: Feb 12, 2017
    #3
  4. g

    g UKBF Regular Free Member

    Posts: 217 Likes: 44
    You should read your agreement, looking for something like 'cancellation by customer'... which may offer an option.
     
    Posted: Feb 6, 2018 By: g Member since: Jan 29, 2018
    #4
  5. dufjax

    dufjax UKBF Newcomer Free Member

    Posts: 12 Likes: 0
    Yell sales people will tell you any old flannel to get the sale, but unless you've got a recording of the phone call Yell will deny any claims there sales people state. They won't have the recording for that bit, the bit yeah you agreed the contract..... Yep they'll have a copy of that!

    Yell are rogues....AVOID!
     
    Posted: Feb 6, 2018 By: dufjax Member since: Sep 25, 2013
    #5
  6. Bethany Bell

    Bethany Bell UKBF Newcomer Free Member

    Posts: 2 Likes: 0
    They misrepresented what I would be receiving, they told me that I would be on the top of the search engine and my website will start getting more traffic from them. The £86 a month was so I would be one of the top services in the area according to Google as apparently they are linked. I was not told that I had no cancellation time, or consumer rights and my contract details were not emailed until after I has given the verbal go ahead. I am still low down on Google I'm no better than I was before they rang me exept I'm worse off as I'll be paying £86 pm for nothing. They have made me a free advertisement and a paid one that look identical so my money is going on nothing useful. Surely there must be a way out of this, it appears to happen to a lot of people
     
    Posted: Feb 6, 2018 By: Bethany Bell Member since: Feb 6, 2018
    #6
  7. Mr D

    Mr D UKBF Legend Free Member

    Posts: 5,179 Likes: 504

    What does your contract say? Business to business is based on the contract.

    The website being top - have they said when? Anyone know if it takes a few days?
     
    Posted: Feb 6, 2018 By: Mr D Member since: Feb 12, 2017
    #7
  8. fisicx

    fisicx It's Major Clanger! Staff Member

    Posts: 27,764 Likes: 8,185
    If your advert is visible when you search for your chosen keywords then they have delivered what they promised. They didn't say you would be top of the organic listings.
     
    Posted: Feb 6, 2018 By: fisicx Member since: Sep 12, 2006
    #8
  9. obscure

    obscure UKBF Ace Free Member

    Posts: 2,014 Likes: 430
    It's not their job to tell you what rights you do or don't have. You are a business (not a consumer) and the law expects you to know what your rights and obligations are.

    As previous posters have stated, there is no cooling off period in B2B contracts and the only cancellation options are those detailed in the contract.
     
    Posted: Feb 7, 2018 By: obscure Member since: Jan 18, 2008
    #9
  10. Mr D

    Mr D UKBF Legend Free Member

    Posts: 5,179 Likes: 504
    It has been known for some companies to allow cancellation of a contract. For a fee.
    That fee may be a percentage of minimum time allowed in contract (12 months?), it may be the full time fee up front.

    In business its always, read the contract before agreeing anything, if necessary wait to see contract.
     
    Posted: Feb 7, 2018 By: Mr D Member since: Feb 12, 2017
    #10
  11. Falkirk300zx

    Falkirk300zx UKBF Contributor Free Member

    Posts: 55 Likes: 1
    Starting a business, you'll make mistakes but you'll learn from them and won't make the mistakes again.

    I got fooled by an electricity company to sign a 3 year deal... I thought you got the cooling off period just to be told that I didn't. Businesses have very little rights compared to a consumer. That was 10 years ago!

    I use Yell for advertising (This is where people accuse me of being a Yell employee) and I find that it fits well with how people find my business, however it doesn't make me any significant money but I do find it pays for itself and a little bit more.

    You'll learn how your company attracts business as it progresses and you'll base your decisions in future to focus on that.
     
    Posted: Feb 7, 2018 By: Falkirk300zx Member since: Mar 20, 2009
    #11
  12. smallclaimsassistance

    smallclaimsassistance UKBF Enthusiast Full Member - Verified Business

    Posts: 679 Likes: 173
    The cooling off period doesn't apply, as stated above, but in this case it's a distraction from the issue which is, does what they promised match what they have delivered? If the answer to that question is "no", you can cancel without breach.

    You will need to prove that they made promises which have not been delivered. I wouldn't be phased by their habit of recording calls. In fact if you're right, this may work in your favour.

    Also in your favour, is the fact that you have flagged this up immediately they appear to be in breach (7 days after inception of the contract).

    You should sit down and write a detailed list of all representations made to you, who made them, the date and time of the call, and any other detail which came out of the conversation which will add credibility to your evidence. Put that down into a brief statement, which you'll keep for later.

    Then write a Letter Before Action to Yell, summarising (and quoting sparingly from) the above, and tell them that they have 14 days to confirm in writing that the contract is cancelled, or you will take the matter further (Don’t bother expanding on the latter at this point). Tell them that if they disagree, you require immediate disclosure of the unedited recording of the conversation.

    Dean
     
    Posted: Feb 7, 2018 By: smallclaimsassistance Member since: Jan 7, 2015
    #12