Question re: Alleged Verbal Agreements Please

[illonavamp]

Hello,

 

I have a query regarding a problem my sister is having regarding an order for an advertising placement on a calendar.

 

My sister placed an advert for her business on a calendar last year.

(my sister is self employed horse riding trainer, sole trader not limited company)

 

This year she was recontacted by a sales rep with regard to placing a repeat-ad on next years calendar.

 

The crux is my sister couldn't hear the sales rep very well as she was on a horse at the time of the call BUT she DID hear that the rep said that they would send something through in the post for her to check and agree, my sister said "OK" (basically anything to get the rep off the phone)

 

She then got a bill for £234.00. She contacted them to say that she did NOT agree to place the repeat ad, and these people are saying that she agreed to the ad over the telephone.

 

She is now receiving letters saying that this is "being sent to our bad debt department" etc

 

She has emailed them using the exact words "this matter is in dispute" - which is what I told her to do.

 

Unfortunately my 72 year old Dad who helps her with her administration has got involved and is making himself ill over this.

 

Any advice regarding this matter would help immensely. My father has looking up the law regarding verbal agreements and has found something that says that there has to be "understanding on both sides that an order is being placed" - and this is clearly not the case. Of course he's also panicking that this is a cowboy company running a con.

 

I am attaching the letters they have received to date.

 

Thanks very much

http://i184.photobucket.com/albums/x19/illonavamp/quality-care-letters2.jpg

 

http://i184.photobucket.com/albums/x19/illonavamp/quality-care-letters.jpg

 

Sam

[illonavamp]

p.s. sorry for attachment quality, that's photobucket not me I think you get the general drift though, thanks

[BRIGADIER2JCS]

Hi, With this type of advertising often the ''client''

is signing a 2 year agreement without knowing it,

as the sales reps never mention it.

If in this case it can be denied I think that any

contract exists if no written confirmation of the

''order'' has been made.

[cerberusalert]

This comes under the Distance Selling Regulations where you have a 7 day cooling off period. http://www.direct.gov.uk/en/Governmentcitizensandrights/Consumerrights/Situationsthatcanchangeyourconsumerrights/DG_183048

[BRIGADIER2JCS]

Good evening Cerberus, I know what you mean

on this these advertising companies selling ads on

calendars, in diaries and maps of local areas and

puporting them to be ''ON BEHALF OF'' the local

council, fire brigade and even the police are and

have been using this 2 year contract ploy for years.

Usually a telephone appointment is made to sell

ad space, discounts are offered on inflated space

prices, the contract when signed is not fully explained

and in the SP there is a clause stating the ad contract

for 2 years/ 2 editions, many small businesses have been

caught out by this.

[illonavamp]

OK thanks, is there some way he can respond to these people in a "final" way?

 

Sam

[illonavamp]

 

OK thanks, is there some way he can respond to these people in a "final" way? (as in, we didn't ask for it, we don't want it, get lost)

 

p.s. absolutely nothing has been signed.

 

Sam

 

[cerberusalert]

You could try this edited to suit. http://www.consumeractiongroup.co.uk/forum/content.php?428-General-debt-letter-if-you-know-nothing-of-the-debt

[illonavamp]

Just one more question - one of the letters received keeps saying "under commercial law" - what are they talking about here? Do they mean something different to Consumer Law - would my sister be a "consumer" in this instance - since she is a sole-trading company who was called about advertising her business on a calendar.

 

Just want to check we are not on dodgy ground? thanks

[BRIGADIER2JCS]

I assume they are talking about the more complex law and regulation on contract.

I doubt that the would chance in court on ''the verbal agreement'' front.