To pay or not to pay (legal thingy)

The rabbit

The Cosmic Force
Moderator
I would appreciate it if someone could give me some advice or thoughts on this situation.

A few weeks back i asked the local paper to place an advertisement in their free paper which is delivered to all houses in the area.They also have a daily paper which is not free.

i sent the jpg file through to them after receiving a quote of the price it would cost at a specific size.

The price was quoted as 1100 danish kroner

The hammer translated from english to Danish for me , I had left the macbook calender thing open at the following month to what actually what was present time. The hammer thus placed the wrong date in the email which we sent to the newspaper place..

The email read something like this;

We would like to place the following advertisement in (name of the free paper) on the 21.06.10. (wrong date) with the measurement height breadth.

I had an email reply which said "Im on it" that is the last we heard.

On the day the paper was delivered a few days later there was no advertisement in it. I rang the following day and was told that as there was no free paper out on the day which was written in our email they had put it in the daily paper.

I told them that i had not asked for that paper as not every one buys it , but every one gets the free paper. They kind of apologised but didnt and i needed the advert in the free paper so i moved on quickly without blowing my top and got the advert in the following weeks free paper.

I was annoyed that no one rang to point out our error in the date , but still the specific newspaper was stated in the email.


Anyways i received a bill for both adverts total of 3700 danish kroner .

the one from the free paper was now 750 kroner over the quoted price.

I went to their office , but the person who i had dealt with was off.

Over the last few days i have been unwell and so wrote an email asking why the price was now so expensive , and as for the bill where the advert went into the paper i had not requested i was in no mood to pay it.

I received an email today from the person saying that i had told them to put it in the other newspaper , and another bunch of lies which left me totally stunned.

This person and i , according to them , had had a conversation which never took place and time scale wise could not have.

In this email today They offered me a discount , saying because i had chosen to advertise in both newspapers i get a discount of 50 %

If this is a fact why did i get two separate bills and no discount !!!!!!!!!!!!!!

If this post has made sense could some one please advise me if i should deny to pay for the other advertisement in the paper i did not ask for , or pay it.

We dont have money to lose a case.

All the lies revolve around a phone call that did not take place , where all i have is the original mail which was attached to their reply saying "im on it"
 
If you have the original email stating which paper you wanted the ad place and their reply of acceptance then it seems that the newspaper doesn't have a leg to stand on when you challenge them. Keep following up.
 
If they have nothing in writing then they cannot charge you for it -- the email/quote is basially a contract after all; as they cannot prove you requested the advert be placed in the daily paper they have no leg to stand on.

You are not responsible for them stuffing up the advertisement by placing it in the "daily" paper, so you should only have to pay for the advertisement in the "free" paper (if anything I'd want a discount from the quote because they stuffed that up, too!).
 
Hi Away With The Fairys

Away With The Fairys said:
The email read something like this;

We would like to place the following advertisement in (name of the free paper) on the 21.06.10. (wrong date) with the measurement height breadth.

I had an email reply which said "Im on it" that is the last we heard.

On the day the paper was delivered a few days later there was no advertisement in it. I rang the following day and was told that as there was no free paper out on the day which was written in our email they had put it in the daily paper.

I told them that i had not asked for that paper as not every one buys it , but every one gets the free paper. They kind of apologised but didnt and i needed the advert in the free paper so i moved on quickly without blowing my top and got the advert in the following weeks free paper.

Can you clarify on the fact that - "...the paper was delivered a few days later there was no advertisement in it" - is this the Free Paper? Coz I don't understand that if you can get the free paper (without the advertisement) when the Free Paper advertisement department said later that there was no free paper out on the day.

In any event, you had stated clearly in your advert request to make your advertisement in the Free Paper instead of the Daily Paper. So there is a breach on their part. They need to inform you if the Free Paper is not out on the day that you requested as there is no way you would know when is it printed and when it is not. They cannot in any way print it in another paper which you have not contracted for.

In the event that you actually got the Free Paper and yet do not have your advertisement there, yet they print it on the Daily Paper, then it is deliberate attempt on their part to cheat you! And I do not know what is the law of Consumer Protection in Denmark, but this is a just cause to make a serious complaint to the the Consumer Protection Bureau or some department that handles this.


Away With The Fairys said:
Anyways i received a bill for both adverts total of 3700 danish kroner .

the one from the free paper was now 750 kroner over the quoted price.

I went to their office , but the person who i had dealt with was off.

Over the last few days i have been unwell and so wrote an email asking why the price was now so expensive , and as for the bill where the advert went into the paper i had not requested i was in no mood to pay it.

I received an email today from the person saying that i had told them to put it in the other newspaper , and another bunch of lies which left me totally stunned.

This person and i , according to them , had had a conversation which never took place and time scale wise could not have.

In this email today They offered me a discount , saying because i had chosen to advertise in both newspapers i get a discount of 50 %

If this is a fact why did i get two separate bills and no discount !!!!!!!!!!!!!!

I can't believe that they can blatantly cheat you on the pricing as well!! You need to tell them that in no way you have ever agreed to the price especially when it is not as per the quotation. This is really strange.... Do they have any fine prints in the quotation? Please go through the quotation very carefully. Some may have fine prints like if it is printed on such, such days then there will be a surcharge of blah blah blah... Do they have such clauses?

The e-mail that you received from them, is what lawyers would call "Building a case". They a building a case against you! You need to make it clear in you had NEVER made any of those phone calls and there are NO such conversation that took place. State your case clearly and if you have any witnesses to this, now is the time for them to jot down all relevant facts that transpired during this period, and you need to do the same thing too. Do not lose any details as these details will bring out the truth, and not make you lose money!

Try to make a chronology of events and make sure that you make it clear to them that they are in breach and that what they are doing are plain cheating.

Hope this helps! Good luck!
 
Starlight said:
Can you clarify on the fact that - "...the paper was delivered a few days later there was no advertisement in it" - is this the Free Paper? Coz I don't understand that if you can get the free paper (without the advertisement) when the Free Paper advertisement department said later that there was no free paper out on the day.



Thanks to all for responses.

Starlight i had to have the ad to them by friday for it to make the following weeks paper. The free paper says it comes out every wednesday on its cover but actually some housholds receive it on the tuesday.

This is the free paper and the one I am talking of .

We had asked for that specific paper , but we had written we would like our advertisement to be placed in that paper on a date that we had got wrong. Reason being we had the mac calender open on juli when we should have been looking at June.

Even so on the day before i ordered the advert (thursday) I spoke on the phone to this particular person who was all cheerful and friendly , informed me her husband was english and so on. It was made clear that it was the followig wednesday i needed the ad in the free paper and i would be sending the file to her the following day so as to make the deadline. This i did and received the email "Im on it" which had attached my original email and order. Evidence of what i had written to them.

Hope this clarifies.
 
Hi Away With The Fairys,

It seemed clear cut to me that both you and the newspaper chaps understand that the advertisement should be in the Free Paper. So by them printing it in the Daily Paper would be a breach on their part. And billing you for the ad would be cheating!

I do hope there is a Consumer Protection Agency or Bureau or Department that you can make a formal complaint on this. You also need to formally tell them (the newspaper) by e-mail or letter of your dissatisfaction over the entire episode (chronologically detailed). I am not sure if you need to make a police report over this matter. If you are here in Malaysia, I would advise you to make the police report, just in case they are going to send some collection agent and/or proceed with legal action against you. The police report will show your seriousness in pursuing injustice here when it's needed. It will be classified as a "civil matter" and not a "criminal matter" (which will be pursued by the State) in the report. If this is the same in Denmark, then this is your option too.

Hope this helps.
 
Aaargh! Just got back from France to find a solicitors letter demanding nearly 3000 kroner to be paid two days ago , or the next step is court. I have rang up a legal firm who have said that they can write a letter for me but that would cost maybe more than what is being asked for.

I am right now feeling very annoyed at the situation as we can not afford this and definitely not afford to lose this case if we went the way of court.

The woman who took the order is saying that we had a phone conversation which took place where i gave her permission to place the advert in the different paper than was asked for in the email.

She does not say i called her , or that she called me so i could not even ask to see the recording , itemised bill from their office to prove that she did not call without Alerting her.

I am at a loss , any suggestions. Should I just pay.?
 
Away With The Fairys said:
Laura said:
You should have already paid.

Thanks. Being paid now :cry:

And remember:

Cs said:
Life is religion. Life experiences reflect how one interacts with God. Those who are asleep are those of little faith in terms of their interaction with the creation. Some people think that the world exists for them to overcome or ignore or shut out. For those individuals, the worlds will cease. They will become exactly what they give to life. They will become merely a dream in the 'past.' People who pay strict attention to objective reality right and left, become the reality of the 'Future.'" - Cassiopaeans, 09-28-02
 

Trending content

Back
Top Bottom