Misled by Publication - can we do anything?

[Andrew-P]

I hope this is posted in the right place as my wife and I feel deeply agreived by the actions of a magazine.

 

I have anonymised the text below deliberately.

 

My wife has a very small business which she operates as a sole trader and was apporached by a magazine to place an advertisement which she did. This was only done as the publication in question presented itself as being something it wasn't i.e. affiliated to a specific and respected trade organisation which it was not.

 

My wife has done the following:

• Telephoned the trade body - who claim this is very common for this publication and they are highly frustrated by their actions.
  
• Telephoned the publication itself who - unsurprisingly deny any wrongdoing and had the audacity to accuse her of libel (difficult for a phone call!)
  
• She is going to contact trading standards (but I know they have their limitations hence this thread)
  

As the advertisement was taken entirely as a result of this publication misrepresenting itself (primarily by omision and slight of hand rather than overtly) is there anything that we can do as the money spend (c.£600) would be useful for the business and would not have been spent with this publication if they had been honest with us.

 

In short we feel we have been conned.

 

Thank you in advance for any help.

 

A n d r e w

[raydetinu]

Yes, you can always take them to court for misrepresentation or fraud, in small claims court, then a judge will decide if your claims are founded.

Suggest you write a letter before action asking for a refund and depending on response, decide if you want to go down that route. does not cost too much, get the forms from your local court.

[labrat]

might be worth taking a peek at

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?42695-Advertising-[problem]-Small-Companies-beware(1-Viewing)-nbsp

 

lots of people having this problem

[Andrew-P]

A big thank you for posting such considered replies so quickly.

 

I will let everyone know what we do next.

 

Thanks again.

 

A n d r e w

[perplexity]

My wife has a very small business which she operates as a sole trader and was apporached by a magazine to place an advertisement which she did. This was only done as the publication in question presented itself as being something it wasn't i.e. affiliated to a specific and respected trade organisation which it was not.

 

This is specifically defined by Schedule 1 to the The Consumer Protection from Unfair Trading Regulations 2008, as a strict liability criminal offence:

 

4. Claiming that a trader (including his commercial practices) or a product has been approved, endorsed or authorised by a public or private body when the trader, the commercial practices or the product have not or making such a claim without complying with the terms of the approval, endorsement or authorisation.

This means that in order to secure a conviction, all you have to do is establish that they said they were when they're not.

 

As to Trading Standards, far from being limited, the Regulations prescribe a Duty to enforce which means that if they don't, you can act against them.

[Andrew-P]

perplexity - thanks for this - very interesting.

[Conniff]

As your initial enquiries were done on the telephone, you should write to these bodies and get it in black and white before you kick up too much of a fuss, it will make life, and any further action, so much easier for you.

[Andrew-P]

As your initial enquiries were done on the telephone, you should write to these bodies and get it in black and white before you kick up too much of a fuss, it will make life, and any further action, so much easier for you.

 

Intersting point. The initial focus at present is discussions with the bank and the organisation they are 'piggybacking' on.

 

My wife - unlike me - is rather organised.

 

Thanks again