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Hope this is the right place to ask - disputing debt with a local advertiser


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I had an advertisement running in our local doorstep magazine until I decided to cancel in August 2008. I wrote to them asking them to cancel the advertisement and cancelled the direct debit instruction.

 

They have recently been in touch with me saying I owe them for around 3 months of advertising fees. They say I did not cancel the debt as they always issue a cancellation reference and without that I have to pay. They also say they have written to me on several occasions since the cancelled direct debit requesting payment, none of which I have received.

 

Is there any way I can dispute this or should I just pay up?

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Did you have a written contract with them, that you signed?

Do you have any proof of postage of the letter you sent?

Is the advert for a business, or business-like activity?

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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The advert was for a business yes. I don't have a proof of postage unfortunately, and I don't recall signing a contract, it was on a monthly rolling basis so no agreement made for a certain number of adverts.

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No terms and conditions, therefore no cancellation terms. They cannot do a thing if you have not signed a contract stating that you must cancel in writing - it is enough basically not to pay, i.e. by cancelling their direct debit.

 

I would write a brief and succinct letter back to them, stating that you cancelled this back in August 2008, and as such you do not owe them for any services after this date. IF they believe otherwise, inform them that you will enter into further discussion IF and ONLY IF they produce the terms and conditions that you signed and agreed to, in a legally binding contract, that explicitly show that you did not follow the agreed cancellation procedure in the contract.

 

As they cannot do this, I suspect they will quickly shut up.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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If they took you to court, they would lose IMO. But, it is up to you whether you feel the aggro is worth the money.

 

In the first instance, I would write to the DCA advising them that you have disputed the debt with the alleged creditor, and as such you would expect that they would not follow any collection procedures until the dispute is resolved.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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