The Community Network - PO Counter TV advertising -BUT NO TV in the PO!!

[White Roostar]

Hi. I am just encountering this problem now having stupidly signed up with The Community Network.

 

I can't believe I have allowed myself to be caught by this lot. We needed advertising for an exhibition and it seemed like a good idea at the time but within weeks I smelt a rat and am wondering how to get out of this mess we face.

 

I am currently talking with the Federation of Small Businesses legal advice team. Has anyone been successful in extricating themselves from this company?

 

We have signed up for advertising in our local main post office. They told us a new TV screen was being installed as the post office was being refurbished. Well as of now there is no TV screen and our exhibition is in two weeks time.

 

I have given them an ultimatum in legal terms as advised by the FSB legal people but having seen all the post from other people I suspect we are in for major problems.

 

The copy they sent through was incorrect so a correction request has been sent back.

 

Frankly, though, I want nothing more to do with these people but the contract seems to be sewn up tight.

Edited November 9, 2014 by slick132
paragraph spacing added

[slick132]

Hi White Rooster and welcome to CAG

 

Your post has been moved to your own thread that you can use from now on. I've also added paragraph spacing to your post making it easier to read.

 

If you made CNTV aware of your needs as regards advertising within a certain time frame, that may be relevant if they failed to provide it.

 

it may also be relevant if they said the ads would be showing within a specific timeframe at the PO, but they failed to do it.

 

Tell us more about what the contact promises you, and what you told them you required from them.

 

You may have the protection of CPUTR 2008. Have a look at Misleading Actions at Section 5 here - http://www.legislation.gov.uk/ukdsi/2008/9780110811574/part/2

 

[White Roostar]

Hello slick132

 

Thank you for responding. We were cold called about advertising in our Seaford Post Office on a TV screen.

 

As we were in the process of arranging our advertising for my exhibition in November it seems like it could be a good idea as we were told the footfall was around 2000 a month.

 

The salesman came and saw us and we went through our requirements.

 

Obviously the advertising was also for a longer period once the exhibition was finished but the initial push was to get as much publicity in the short time available.

 

We supplied him with our exhibition invitation leaflet with all the details of dates, times and venue etc. He said they could pull other information off our website.

 

We stressed that this was time critical and we were told it would be up and running at least two weeks before the exhibition date.

 

We signed the agreement on 22nd October 2014, five weeks before the exhibition date paying a deposit and setting up a direct debit.

 

The previous day I went into the post office and spoke to the PM. The post office was just coming to the end of refurbishment.

 

There was no TV screen but we were told the screen would be installed within two weeks in good time for our advert to be displayed.

 

There is still no TV screen and we are under two weeks from the exhibition.

 

I sent images to the graphics department on 24th October for use in the advert.

 

During the week after signing I contacted the Community Network to ask if they had received all the information and images they required as I had not had any acknowledgement. They told me they had just received all the documents and images.

 

Again I pointed out the need for urgency due to the closeness of the exhibition and they said they understood it should be running two weeks prior to the date.

 

I finally received and email last Thursday with the draft advert. There were two errors in it and they had ignored all the images I had sent them.

 

I rang them again and pointed out there was still no TV screen. They said they would find out and get back to me. They didn't.

 

I rang on Friday and got the same result. Becoming suspicious I Googled the company and came upon your threads and realised we have been duped. Feeling somewhat stupid for falling into this trap.

 

I have spoken with the FSB legal advice line and they have advised me to send a letter to CNTV giving them an ultimatum as "time is of the essence" that unless the advert is up and running by noon on Tuesday 11th November we will consider them to be in breach of contract.

 

That is where we stand at the moment. By the way, I sent the letter on Friday evening as a PDF by email and posted a hard copy by recorded delivery on Saturday morning.

Edited November 10, 2014 by White Roostar
Additional information

[JacqueyO]

Hi there White Roostar. I had major problems with Community TV, but as it took them over 6 months to get my ad running, after trying to deal with the company myself, I sent a solicitor's letter, which thankfully did the trick. They stopped all further payments and my ad is still running for a year (so they say, although it's been moved to a location further away, so I don't know).

 

 

I tried all avenues, including Citizen's Advice, who didn't want to know as it was a business contract. I didn't think about the Federation of Small Businsses, but then I'm a small complementary practitioner, so not a member. Most of the solicitors I spoke to were less than optimistic and the final outcome was quite unexpected, I must admit.

 

Good luck with your quest. Persevere and you may be lucky!

[White Roostar]

Hi Jacquey. I have read your posts with interest and, I have to say when I first read them, a sinking feeling. I am mighty glad you have found some resolution in this matter. I'm hoping the FSB will be able to guide me through this mine field we seem to have entered unwittingly. We are, I suspect, just at the start of a long and protracted stress trip that I really don't need right now.

 

Cheers.

[White Roostar]

Hello slick132

 

I have just come back from speaking with the PM at Seaford Post Office and he says he has no contract with CNTV to have a TV screen. It dose seem they have sold us something they are not legally entitled to sell. Am I right or does the fact that in the terms and condition they can move us to another site affect that? Our agreement was on the basis of advertising at Seaford.

[slick132]

Hi WR and thanks for the further info.

 

Please confirm roughly what payment(s) you have made, or agreed to make with a CPA or DD mandate.

 

I would be looking to cancel any agreement with CNTV immediately due to their breach of contract (failing to act in a timely manner to have your ad running, despite being told that time was of the essence; failing to have an advertising screen in place at the relevant PO; failing to have any agreement in place with the PM at the relevant PO for a screen to be installed).

 

A formal complaint to Trading Standards would be sensible too.

 

[White Roostar]

Hello Slick132

 

Thank you. That is what I intend to do tomorrow after the noon deadline. Having sent off the letter I have to comply with what is written. I have spoken to my bank and credit card company already to make them aware of what is going on. I have to go through due legal process I'm told. To date we have paid £541.20 by credit card as a deposit and set up a direct debit for the second stage payment. My credit card company says they should be able to recover payment made provided CPA are in breach.

 

I will speak to trading standards also.

 

As I see it they have taken money under false pretences as they had no contract with the post office in question.

[slick132]

Hi WR,

 

I would cancel the DD mandate immediately, regardless of anything else. It could being reinstated later if necessary but a doubt that'll happen!

 

Getting your credit card money back using s.75 CCA 1974 may not be as simple as folk think. It can take time and the banks may not initially give the result you want. Your card provider and CNTV's bank consider your s.75 claim between themselves.

 

Your card provider will NOT get your money back simply because you tell them to.

 

[White Roostar]

Hi slick132

 

I have spoken to my bank and as yet the DD has not yet been activated by CN so it is not possible to cancel it. Only once it has been set up can it be cancelled. We therefore have to monitor our bank account regularly to see when it is put in place. Only then can the bank act.

[slick132]

Hi WR,

 

Write a letter and hand it in to the branch, addressed to The Manager :-

 

Dear sir,

 

Sort code: xx-xx-xx

Account No: xxxx xxxx

 

Further to my telephone conversation with the bank today, I was told I cannot cancel a DD mandate as it has not yet been processed by the payee, Community Network TV.

 

I therefore give you written notice that this DD mandate is to be cancelled immediately and that I do not authorise any payment to be made to CN TV or any other name they use to collect their DD payments.

 

Yours faithfully,

 

This isn't so important as you can very easily reclaim any DD that you did not agree with, using the DD Guarantee Scheme. But send the letter anyway.

 

[White Roostar]

Hi slic132

 

Thank you. That's an excellent idea. I will indeed do that so that it is then on permanent record. Just talking to Post Office Ltd to see if they have a contract with CNTV that the franchise manager would not know about.

[White Roostar]

Hi slick132

 

I have just been in contact with Post Office Ltd head office enquiring about any connection they might have with onsite TV advertising. They gave me a telephone number which I assumed was a department within the PO only to find myself talking to someone at Community Network. This was a bit of a shock and greatly concerns me that there may be an underlying contract between the PO and CNTV.

[slick132]

Another good reason to stay off the phone and keep everything in writing only !!

 

Just stick to dealing with your individual case.

 

When your deadline has passed, I'd simply write to CNTV saying:-

 

You are in breach of the terms of any agreement between us.

 

Accordingly, I hereby terminate such agreement forthwith and will seek the return of all monies paid using s.75 of the Consumer Credit Act 1974, namely £541.20.

 

If you fail to refund as required, I will take court action against you.

 

The matter will be reported to Trading Standards as a formal complaint.

 

Of course you may wish to be guided by advice from the FSB.

 

[AndyOrch]

We have history.......

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?278275-Advertising-with-Community-Network

 

Regards

 

Andy

[White Roostar]

Hi Slick32

It's been a little while since my last posting and things have moved on a it since. Following our last exchange I actually engage a solicitor who advised me regarding rescinding the "contract". At the same time I blocked all Direct Debit payments and got my credit card company to recover my deposit money. This they have done as VISA agreed that CN had failed to provide the service they supposedly sold me.

 

I am now, of course, starting to receive threatening letters with noises about 8% daily interest and county court action if I don't pay the deposit. My solicitor assures me they are unlikely to pursue court action but never the less it is quite intimidating. What I wanted to know from you is do you know of anyone actually becoming involved with court action with CN. I have not seen any threads relating such.

 

Cheers

 

White Roostar

[silverfox1961]

Hi,

While I know very little on this matter, if they are saying 8% DAILY then they are wrong.

 

The 8% is annually based at a daily rate.

[White Roostar]

Thank you. That's a little different!! I appreciate your comment.

[slick132]

Reference to 8% daily interest is perhaps correct in one way.

 

They're referring to 8% Statutory Interest which is added to a claim up to the date of settlement. And it is added daily but on a pro-rata basis.

 

Anyway, I'm not aware of one single case where CNTV have taken court action. To me, they look like an outfit of complete chancers who hide behind lots of threats and hot air, but take no real action.

 

The reason for this- they would probably be laughed out of court because of their reputation for failing to provide the agreed service.

 

[White Roostar]

Thank you. That's what my solicitor says but I have to say I do find it all rather stressful. I'm just waiting for the next unpleasant letter to arrive!! Do they have a reputation for all this?

[slick132]

If you read other threads here about CNTV, you'll see how they operate - full of hot air, bluster and threats but no court action to seek enforcement.

 

Stop stressing about them. Think of the next letter as something to ignore or laugh about, not as something to be troubled by.

 

[White Roostar]

Thank you for your encouragement. Much appreciated.