Thomson Local advertising problems

[baldelectrician]

I have been advertising with Thomson Local for around 10 years now.

I have never had the need to completely cancel an advert until now and they are- in my opinion - being unfair.

I told the rep (who I have had for 4-5 years) that I wasn't sure about continuing my advert with Thomson Local this year as I have reservations about the viability of the business and didn't want to commit to an ad I would be unable to pay.

I also told her I was considering suspending the business and making my apprentice redundant.

So, we signed the paperwork - whilst I was out for a lunch meal with my missus and my 2 year old son

Roll on 3 weeks and things have got worse- my apprentice has been made redundant (he asked to be laid off as the workload was low- this way his next employer gets a £2000 Scot-Action grant from the Scottish Government for taking a redundant apprentice on)

I call Thomson Local to cancel and told I was too late (by 2 days) to cancel and the ad stood.
I told them I pointed out my business position and the rep didn't point out that there was only a short cooling off period. The book closing date isn't until September, so nothing is set in stone.

So I had a discussion with TL head office (who must be feeling the pinch) were really digging their heels in, mentioning things like debt collection agencies and unmentioned trouble

I told them;

• A verbal contract is legally binding (it is in Scotland) and we were assured that we could change / alter / remove ads in the meeting with the rep
• I have a witness that will testify the same
• I have a call recording (they know my calls are recorded, and it's not a requirement to tell them anyway unless you want to distribute the calls to third parties) in which the rep admits we told her about the business problems in the meeting
• TL have made mistakes on the paperwork- it's my name on one part and my wife's name on another part (she is NOT my business partner)
• Should they pass the alleged debt to a collection agency I will inform them the debt is in dispute- this makes it against OFT guidelines to continue collection activities. The DCA should pass the debt back to the original creditor
• They would have to take me to court in Scotland where they would have to prove that they were correct (despite the mistakes in their paperwork) and the fact they admit taking an order from a business that is uncertain about their financial future

I am still trading and may even go into profit as business costs will decrease by £900-£1000 a month after getting rid of him. There is no need to advertise as much as I don't need extra work to keep my apprentice in a job.

The small print says 14 days, I told them they would have to take me (or my partner ) to court if they want money.

Opinions please

 

[Octopus]

Don't depend on the phone call. Write a polite letter with all your points BUT I think they will come after you.

 

[grandfortune]

they have nothing, the mistake in the paperwork makes the contract null and void, also, what time period did you sign the forms to contacting them and tell them you dodnt want to take out the contract?

 

[oldtimer]

I hear what you say about Scottish Law as all national companies adhere to English law a bit like when Electrifx opened and said sorry you can not join as you are not Part P or Schemie registered I got their national manager on the phone and said you do realise the law is different up here then after a couple of emails they said you can register with us in Scotland with your SJIB card.

Remember Thomson local is Sales first so they will have a bigger lawyer than you because if they give into you that could start a precident hence why the will fight so hard. Best thing to do is write to them explaining that you want nothing more to do with them after the contract runs out and you will be sure to tell all and sundry on how they treat small businesses .

As for me I dont pay for advertising and doing a bit of research with my customers I find hardly anybody uses Yellow Pages or Thomson Local as I can confirm this when I do my flyers and find them stacked beside the entrance door of a communial stair. The Majority of customers do a Google search ie Electrician in EH13 type of thing

 

[baldelectrician]

I was doing a bit of digging

What do you think of my website?
www.thomsonlocal.co


I know about the English Law stuff on their contract, but if they want money from me they must take me to court in Scotland and Scottish law will then apply

Any English court does not have jurisdiction in Scotland, and they don't extradite for things like this

 

[oldtimer]

I was doing a bit of digging

What do you think of my website?
www.thomsonlocal.co


I know about the English Law stuff on their contract, but if they want money from me they must take me to court in Scotland and Scottish law will then apply

Any English court does not have jurisdiction in Scotland, and they don't extradite for things like this

That link goes back to your main site maybe you would be better to put it down to a lesson learned and use any further Thomson cash to enhancing other media outlets

 

[baldelectrician]

They called me today to ask about payment (I cancelled DD)
To sum up, the guy (different one) was still a bit uppity, pointing out terms and conditions and basically calling me a con artist.
This made me answer;
I tell your rep and say things are not looking good in my business, she does not say that I can't cancel after 14 days- despite me saying I was thinking about making my apprentice redundant (happened) and was worried about the future of the business (still going, quietly)

I asked him who was conning who when I asked him for comment on his rep

He went on to say that the ad would be published and I would be pursued for the money.
Good I said- see you in court.
He said they would not pursue a sum of £600 in court as it was too low, they would pass it on to a debt collection agency.
I told him that the DCA isn't allowed to pursue a debt that is in dispute, the pursuance of a debt in dispute is against OFT guidelines

He made some comment about me advertising and not paying for it.
I pointed out that the book was two months until publication and they could pull the advert, so I won't be paying for an ad I didn't get.
I insisted they pull the advert online from their site, and pull from the book.

After an ear bashing (from me) he climbed down a bit and said he would see his supervisor and call me back

Interesting that they now admit the debt is too small to take to court

 

[oldtimer]

Remember to put all of this in writing to them because although he was recording the conversation it will not exist if you ask for a copy.

So start off with the Dear Sir with regards to our telephone conversation that I understand you have recorded I wish to confirm...............................

Then finish it off that under the data protection act you wish a copy of the conversation now they might reply that they dont have one well thats fine because they cannot use it either

 

[baldelectrician]

BALDELECTRICIAN WINS !


Thomson Local sent me a credit note to the full value of the order.

They must have seen the light and decided not to pursue me on this matter.

baldelectrician 1 ; Thomson Local 0