Rogue trading?

[david t]

Hello,

 

bit of advice needed if possible?

 

Right, back in early summer, I tried to start up a weekend/part time gardening business, advertising in a local free paper, I did this three times, filling in the slip and sending the cheque for £20, if i remember rightly I did it in April, May and July, each time filling in a separate slip and sending a cheque for that month.

 

And now, today, I have recieved a invoice from them, asking for 4 months payment (August, September, October and November) for advertising that has been published, but not paid for.

 

The gardening never really took off, and I only really did it upto mid august, occasional really.

 

Anyway, they have carried on the advert, even though I never asked them to, either over the phone or in writing, I never filled out any form requesting continious advertising, I only ever paid for one month at a time. I never signed anything, and I never gave them any direct debit details etc, there is no small print on the form which says that your advert will be carried on, until you say it should be stopped. It seems they have just carried it on, hoping that I will just accept it, and pay it.

 

Seems wrong to me, I mean, its like a tradesman doing x hours work for a customer, having been instructed to do this, but then carrying on and doing another load of work without the customer asking, then turning round and asking for the money for work that the customer didnt request.

 

Is what they have done right in anyway?

 

I have tried phoning them, but alas they dont pick up.

 

Thanks

Dave

[Elton]

"alas they dont pick up"

 

Alas, don't pay them, then. Sounds like they are chancing their arm a bit.

[Colin Brett]

I had that happen to me when I was running my business.

I paid in advance and then they billed me!!

The local newspaper threatened court action and I was summoned to appear in court.

The day before the court hearing I phoned them and asked if they really wanted to go ahead as I had the cheque stub, bank account details, stamped receipt all ready for the County Court judge. Plus I was going to charge them for wasting my time and the courts.

 

They dropped it all!!

 

Get everything that refers to this advert together and tell them you will see them in court + send them an exaggerated invoice for your time!!

[david t]

Cheers,

 

I will collect everything together for it, and get back to them in writing. Not going to let it slip.

 

Its tempting to ignore it, and not pay it, but that wont help, the gits will only send me more invoices.

I will have them up about it.

[Alan Stubbs]

1) If you write to them - send it registered post, and quote the cheque numbers and dates they cleared, that will make it clear you have paid for what you requested and that they appear to have chosen to continue advertising of their own volition.

 

Ensure you give them reasonable time to deliver on the information required and that the account is in dispute until they have proven their claim on you. This should keep your credit record clean.

[Worms]

If you haven't asked them to advertise for those months they can't charge you for it, it's as simple as that. If they threatened court action then a judge would laugh them out of the building (probably **** them actually) if they couldn't produce a contract or other written evidence of a request for advertising.

 

As you already have evidence of paying for previous advertising (cheque stubs) it just strengthens your case.

 

I'd tell them to go away and, as Colin Brett suggested bill them for your time as well.

[david t]

Cheers all,

Much obliged. Going to type a letter up today, with the cheque stub numbers quoted, dates and all that, telling them to cancel the bill, sending it registered post.

 

Looking through their 'publication' yesterday, its laughable, nowhere in the thing is there any small print or explanation on terms and condition of advertising, nowhere does it say about their policy on refunds etc etc. Their is just no level of organisation in the so called 'publication'. Laughable really.

 

Thanks again people, this forum is always a good place for honest advice, long may it stay that way.

 

cheers

dave