Visualize - 2nd yr of advertising contract started without my say so

[mafiaduck]

Hi,

 

I run a small hair salon. J

ust over a year ago, I was approached about the possibility of having some advertising,

the advert would be 1000 leaflets for my use, as well as leaflets being left under the seats at a local ice rink,

and an advert put up on screen. This would last for 1 year.

 

 

The adverts would be on a rolling advertisement, but guaranteed to be shown at least once during each event that was held there.

I never went to the ice rink, but had faith that it would be done..

. having said that, over the course of a year I've had no custom from it.

The leaflets all said to bring the leaflet with them, and the customer would receive a discount.

I put it down as a lesson learned, and a failed attempt to advertise, and thought nothing of it.

 

 

However, today I received a letter saying year 2 of my contract had started last month,

and I now owe a full year payment (in full or installments) as I have agreed to a second year.

I never did this.

I have called them up, and was informed that I was given a second year because I did not cancel my contract in the first 9 months of year one

and it was a rolling contract, minimal of two years, unless a cancellation was requested.

Now, I would put this down to another lesson learned, and I should have read the small print, etc.

 

 

when I took out the contract, I stated very firmly I did not want two years.

I wanted one (which was an option they gave me), and I was told that 'Optional' would be written down for year 2,

so I could choose to have it at the same rate if I wanted it.

 

 

I signed the contract, after again confirming it was for 1 year and my request for it to be 1 year only meant it would not roll over.

I set up a quarterly Direct Debit, and that was that.

 

this request for payment seems to be unfair, because I was told it was 1 year and my request for 1 year counted as an immediate request for cancellation.

I also find it strange (yet I'm also thankful) that it wasn't just taken from my bank, since they have my direct debit details.

Why the request for me to send them the money?

 

 

I've been in touch, it is legitimately from the same people. But it just seems odd to me.

 

They've been very offish about it when I've contacted them, and basically told me tough as no request was made in that 9 month period.

But as I was told, on signing in the first place, that it was accepted and no second year would come... why would I call and cancel again?

 

What are my options here? should I have received a letter (in good grace) to remind me I needed to cancel, if they truly thought I'd not done already?

 

If anyone could help, I would be most gracious

[dx100uk]

Still got the agreement

[mafiaduck]

Still got the agreement

 

Yeah. But it says 'optional' for length of contract, there's nowhere that states they agreed to one year. So they're saying it's my fault for not cancelling as optional means 2 years unless I cancel, when I was told it was optional because I had it for one year and had the option to make it 2 If I wanted it.

 

The back of the agreement does say that optional means 2 years unless cancelled, but I stated I only wanted 1 year and was told year 2 was cancelled immediately unless I decided to opt back in

[dx100uk]

Its quite a common spoof these people pull

 

All the salesman. Wanted was his commission so said anything you wanted to hear

 

DX

[BankFodder]

Which company is it please?

 

Did you pay by card and do they still have your details? If so, you need to send a written instruction to your bank not to pay them.

 

The "agreements" are extremely unfair and of course there are hundreds of people who fall for it every year. How much did you pay for your advertising anyway?

 

We had a spate of advertising spoofs a few years ago - different to this one, though.

[mafiaduck]

Paid 800. They want 950 for year two.

 

Company is called Visualize.

 

Can I refuse to pay year 2 without worry of legal action?

[ericsbrother]

Tell them in no uncertain terms that you agreed to a 1 year contract with an option for a second year and as they are rubbish at their job you will not be taking the option of the second year.

They will huff and puff because B2B contracts are notoriously vague but they will probably just go away if they dont thibk they are going to get any money. Do not be gentle though, that look to the as though you might settle for soemthing.

[mafiaduck]

I emailed them and explained that their agent told me in person that my 'optional' second year was not happening,

and that it was 'optional' because if I wanted to stop it from being cancelled, I would be entitled to the promised rate.

 

They replied back to tell me "Tough. Should have gone with what the contract says, not some vocal agreement"

despite the contract only being signed based on said vocal agreement and explanation of what the term was for. I replied with this:

 

--------

 

Dear Tracey,

 

I apologise for my delay in writing back to you, as I was on holiday. To get back to our previous discussion,

I find it very disheartening to see you claim that Miss **** is relying on spoken word, and not her contractual obligations.

Unfortunately, the spoken word you mention can still be held as a verbal contract.

 

Your sales agent informed Miss **** of what her contract meant, and signed her up based purely on what they had said to her,

and the terms she wanted. Again, your lack of understanding as to why Miss **** would think she needed to contact you,

after being told she would not, baffles me.

 

IF she had come to you, got told your usual coverage rates, and then signed up and then decided 14 months later to cancel I could understand your view.

However, she did not. She cancelled the day the signed up, your sales agent informed her so.

 

 

The second optional year would NOT happen, unless she wanted it and chose to call and cancel her cancellation.

This is what she was told, this is what she was promised, this was the verbal contract agreed prior to signing a written one,

which carried your usual terms of an 'optional' second year, which was explained to Miss **** as still being optional,

should she choose not to keep her cancellation order.

It was blatantly a lie, and as such, a breach of a verbal contract between herself and the sales agent.

 

 

She is under no obligation to pay a second year, for something that was sold to her under a false promise.

The fact that you are so willing to shove the verbal contract to one side, and say that any agreements are irrelevant

and only the paperwork counts regardless of how it is explained to customers concerns me.

 

 

As it may well be common practice for you to have sales agents say anything and everything to customers in order for them to sign and even,

as in this case, lying about what the terms are to help close a pressured sale.

 

Miss ***** should be under no obligation to pay for that full second year, because your agent said there would be none.

At no point did she sign a 2 year contract. She signed one with an optional second year. One where the option was refused on day 1.

Your agent should have cancelled it, your agent lied, your agent broke their verbal contract, and your agent is at fault, not Miss *****.

 

--------------------------

 

They then ignored me for 10 days (Please note, I've not sent a letter pretending to be a lawyer or anything.

The reason why I'm a 3rd party reference in the letter is because my Brother in Law wrote it as I have trouble putting stuff down

so he contacted her for me, and even acknowledged that)

 

After ignoring me for the last 10 days, they have now sent me a new letter.

With my name spelt wrong, with big red writing on it demanding immediate payment in 5 days or they will add charges, and interest, and then take me to court

 

So now I'm worried.

Can they take me court, when they broke a verbal contract which was the foundation for the written one?

I dont have the nerve to go to court over it, but I'm not really willing to pay nearly £1000 for something I'd not even asked for.

 

Please help. I need to reply to them ASAP.

 

Thanks.

[dx100uk]

read it carefully it does not say WILL anywhere.

 

 

dx

[mafiaduck]

Quite right. Their letter says 'may charge... may accrue interest.... may be taken to court'

 

So I can still continue to dispute this without worry of a deadline? I intend to go to the ice rink tomorrow and speak with the manager to find out if any of these adverts have played this year, as I have a lot of clients who go there but none have ever mentioned the adverts and they usually tell me anything and everything they see

[dx100uk]

might be best to stop any comms tennis now.

 

 

they'll prob pass it on to a scary DCA

 

 

that will send scary threat-o-grams in red

 

 

totally powerless ofcourse.

 

 

dx