I have been scammed via telephone, do I still have to pay?

T

treetop1

Guest
Hi,

I have joined this forum hoping that someone can give me some advice ASAP regarding a matter which is causing me some concern.

I received a telephone call at the start of February 2010 from a company offering me an advert (I set up a new business recently) in a new "business directory" with "26,000" being printed and distributed around my county. The advert I was offered and agreed to go ahead with was a "credit-card size ad for €100" and the ad would "run for 4 issues"

I was sent out a proof of the advert to check for wording, however I didn't respond at the time as the wording was correct.

I was lead to believe that I would receive a sample of the business directory with my ad in place for me to have a look at.

Instead of a 'business directory' I have now received a publication from a UK based charity called The Forester's Fund for Children (FCCC) called "Class M8" and it appears to be some sort of information guide for parents on the subject of "bullying". My ad appears on a page with a few other adverts from businesses in my county and a neigbouring county, however it is less that half the size of a "credit-card" and I do not know what relevance this 'anti-bullying' guide has to my business. It is definitely not the publication that was discussed with the girl that rang me and definitely not something I would be bothered advertising my new business in.

Yesterday, I received a telephone call from a rep from Vision (company printing the publication on behalf of the charity) demanding payment over the phone for the ad (I only received the booklet the day before in the post) and when I refused to give my personal details over the phone and offered to send pay by cheque (I hadn't looked at the booklet at this stage), he seemed reluctant to let me off the phone.

Once off the phone, I looked through the booklet and the literature accompanying it and found an invoice for €120 (an extra €20 being added for VAT, which was not agreed on the telephone), my surname was spelt incorrectly on this letter and the back of the letter has some rather threatening wording relating to a late payment fee of £35, reference to a debt collection agency if payment is not made and also reference to legal action should an advertiser refuse to pay.

Having now researched the company on Google, I have come across numerous references to the company & charity and now believe that it is actually a scam - it was even covered in an article in the Mirror newspaper in the UK. The company 'Vision' previously traded as 'Vardis'.

Do I still have to pay for the advert even though I was totally mislead regarding the publication that it would appear in, regarding the price and also the size of the advert??

Can someone with a better knowledge of the law please advise me ASAP as I feel that I am being forced to pay for something that is not at all what I agreed to, so as to avoid further charges and/or legal action??

Regards!
 
Schools were hit with that too, as were some local businesses.

Advice was to bin them and they'd stop hounding after awhile.

The EU were looking into this kind of scam.

Get onto your MEP's office about it.
 
Thanks a million for your reply. Yesterday evening I looked at the other adverts in the booklet I received in the post and sent an email to any of the businesses that listed their email addresses. I have received a few replies today and everyone seems to have had similar experiences to me, ie totally mislead regarding the nature of the publication and those that haven't paid yet, are unsure as to whether or not they should pay in order to avoid further costs (late fee, debt collection agencies, legal action as per small print on back of the invoice).

Can I simply ignore their requests for payment, now that I suspect it is a scam or will I be hounded by them and their debt collection agency??
 
It certainly doesn't sound like what you signed up to is what you got. Why not give free legal aid a call, or ask consumer info who can point you in the right direction.
 
Return the invoice to the address listed on it with a cover note disputing that payment is owed. A couple of lines to the effect that your business did not agree to take out an advert in an anti-bullying leaflet and therefore you do not owe anything. Also mention that they did not have permission to reproduce your company details in such a publication and you will be considering further action in this regard. I would not mention anything about the business directory for obvious reasons.

By officially disputing the invoice you are legally covering yourself in the event that they try to chase up the debt. As they cannot show documentary proof that you purchased a add in a bully publication, then they really cant take it any further, so you should ignore any further contact.
 
As always, keep copies of all your correspondence, and register the letter.
 
Can I simply ignore their requests for payment, now that I suspect it is a scam or will I be hounded by them and their debt collection agency??

Could you contact Trading Standards Office in the UK, in the county out of which they are operating? More than likely they have a file on them. Slim
 
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