Is this a Scam?

[Forester]

My husband has his own business and has been plagued with telephone calls from a publishing firm up North asking him to place an advert in some sort of diary. They've sent him a bill for �120 and say he agreed (on a taped conversation) to the advert being placed. He says he agreed to nothing. After ignoring their requests for payment now we've had a letter from a debt collecting agency and have been threatened with Court action. I feel this is a scam but am concerned about landing up in Court. Any advice would be greatly appreciated. Thanks.

[RogerK]

There are lots of scams going around that involve selling advertising space, this sounds like one of them. Contact your local trading standards dept (you can usually find them with the local government contact numbers in your phone book) They will give you sound advice about how the legality of the situation anf how best to deal with it.

[MrsCheeks]

A copy of the taped conversation will be very helpful too ... i reckon the minute you ask for this they will bog off and leave you alone. Try the CAB too. Hope you get it sorted and they get a major beetch slap for being nasty geets.

[Mattk]

definitely a scam ! how can they bill him when he hasnt placed the advert ?! tell them to eff off !

[Harley]

Harassing people for money they don't owe is illegal.Contact your local Trading Standards Office

[WoWo]

simply say you would be happy to go to court, and ask them to take the tape along with them as their proof.

[Ewood27]

To quote Sam Goldwyn (I think), "A verbal agreement isn't worth the paper it's written on."

[Dagman]

Have a word with the police, sounds criminal to me.

[scotsrob]

Obviously a scam.If they are still in contact advise you will be happy to go to court to resolve this and that you will be seeking costs but even if tou won in court don't expect to see any money they will have moved on to their next victim winning in court doesn't mean collecting scammers know this

[dj_ajax]

yup Ewood27 is right you can't have a contract based on a verbal agreement.Its not on paper and not signed so they can't do anything about it.

[rinkytink]

Actually verbal contracts are legally binding. The only problem is proving that they exist. Check out this interesting link from the BBC Watchdog series to clarify the details:

CLICK HERE

[jaffacakes]

While a verbal contract is binding, the problem is proving it exists. If indeed there is a taped conversation, which is debatable to say the least, you should also say that you were unaware the conversation was being recorded. A contract (if indeed that fact can be proved) that is procured by misleading conduct of one of the parties, is liable to be defeated, as there is a loosely defined duty of disclosure in contractual negotiations, in the English Law of Contract. Absolutely nothing to worry about. This situation will not end up within a hundred miles of a court. The CAB and local Trading Standards will help

[Forester]

Many thanks for all your replies which confirm what we have suspected all along. Should I acknowledge the debt collector's letter and advise that I am seeking legal advice or just carry on ignoring them?

[Mortartube]

I would suggest that you write to the company requesting the alleged taped conversation and also the debt collection company stating that you are waiting for the company to provide the alleged evidence. I would suggest that you send both letters recorded delivery and request that they do the same with any replies. Furthermore, state that if the evidence is not forthcoming within 14 days, any further communications (letter, fax, phone etc) will incur an administration fee of any amount you choose (I think �35.00 is about what banks charge, PER Communication). Even if an agreement was made, I think you'll find that you have a legal cooling off period, the duration of which I don't know, perhaps someone else knows this. You could also argue that you weren't made aware of this cooling off period if any agreement was made, that should delay them at least until you can get good advice. Good luck

[Vladisar]

A verbal contract is not legally binding if it involved duress (force). I would imagine (others please respond to this), that your receiving such a large volume of calls would constitute as duress. Thus, no legal contract took place.

[Wig maker]

I'd love to know how this situation is progressing. My business partner was cold called and asked if she would support the Police Federation, to which she said yes as her grandfather had been in the police. As the call went on she had to ask was she being sold advertising. She stated that she could not agree without my consent and we later recived artwork and an invoice for �150. Sadly we overlooked it as we were so busy and now they say we owe them a �50 cancellation fee. I am loathed to pay but I don't relish the thought of court. Would love to know where you are up to and if this is a Liverpool based company. Any advice welcomed

[forestertwo]

Sorry for not replying. I forgot my username and have had to re-register with different details since I've had no replies from the A/B. This does sound very similar to our problem doesn't it. I contacted trading standards who also suggested I request copies of the tapes and contract which they claim to have sent. They sent the paperwork but no tapes!! We won't be responding until they do send them. The firm is based in Chester but the envelopes show a Liverpool postmark. Don't know if that is correct? The debt collecting agency haven't been in touch and I didn't contact them so that's a bit of a coincidence - their letters also show a Liverpool postmark and I suspect they are all in cohoots under one roof!! I don't think you can be held responsible for overlooking their correspondence anymore than we can for not receiving it. I think if they want to enforce rules like "if we don't hear from you we'll assume you are in agreement" they should be sending correspondence Recorded Delivery and I also feel it is up to them to prove it was received, read and approved. On a bit of a soapbox here but I really object to being conned like this. Does it sound like the same firm to you?

[forestertwo]

Hmmm. I've just discovered that a Chester firm should have a Chester postmark not Liverpool.

[Wig maker]

I have managed to settle our problem.  The company were selling on behalf of the Police Federation, so I contacted them, nationally but mainly the Manchester branch.  I said that I was concerned about the conduct of this firm who were trading on the federation's good name (the firm are contracted by them to sell advertising).  Surprise, suprise after one phone call from the federation to the firm, the managing director phoned me to say that they would be dropping the charge!  He equated the charge to a call out fee that a plumber would charge!!!!

I hope all works out well for you, keep us posted but my advice is KICK UP A STINK!