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PhillipFawcett

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  1. My own story about the Community Network!: I was cold-called over the phone, offering to place an ad for my private piano tuition business on a digital display sceen at my local leisure centre. Good idea, I thought, lots of young people and families pass through there. Was visited by one of their salesman a few days later, and I signed a contract and paid £350 deposit and set up a direct debit for £1,200 per annum to book my ad on this screen. For 3 weeks I waited for news of its publication, only to receive a letter apologizing for the fact they could not get enough clients to set up said screen. Instead, they were ''pleased to inform me'' they had found an alternative sight for my ad - at a small post office 30 miles on the opposite side of Morecambe bay!!! I kindly informed then this was not much use to me, and "after reviewing my case (their own words) they have decided it was indeed not in the best interests of my business". They cancelled my direct debit, but as for the deposit... I'll be waiting for ever and a day unless I take more 'vigorous' action (which I shall). By the sounds of some of you others, it seems the little Post Office site would not have worked properly anyway! Jeeesh. Very small print of a very small clause in the contract does state 'the company has to right to change the agreed site of the ad in unforeseen circumstances'. Yes, they were so bloody 'unforeseen' that the salesperson obviously omitted to mention the possibility to me! Not so much liars as 'economical with the truth' one might say. However, a friend of mine says I have a leg to stand on (this may be useful to you others): "Their case wouldn't stand up in court, because they were under a duty to have ascertained the feasibility of their offer before they marketed it, and you were entitled to enter the contract on the understanding that they had done so. They were never in a legal position to offer what they were promising to perform. They offered to do something that they couldn't actually do. What you will correctly allege is breach of contract, and or, a total failure of consideration. You are entitled to ALL your money back. Write them a 7 day letter saying this, and then go to your local small claims court and ask them to give you a claim form."
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