talkmagic.co.uk

Ok don't know if anyone is going to have an answer for this but just in case someone knows I'll ask

I placed an advert in the Yellow Pages which they misprinted and as a result gave a fake address. It was just missing one letter but it left a readable word of a street name, just not one that actually existed in my area.

Anyhow it was not the add I'd proof read and signed for and as a result I complained and didn't think I should pay, I was offered 35% discount which I rejected and this saga has now been going on for most of the year. I reckon I've now had my final threatning letter.

My belief is that it was not what I signed for and therefore I shoudn't have to pay, however I don't know the law on it and have had great difficulty getting free legal advice on the issue as it's a business rather than consumer issue. Anyone know anything?

I'm no expert but it seems as though something far better than a 35% discount needs to be done to redress the matter.

If you proof read the ad and it showed the correct details, it's down to them if they printed something else. Ask them to send you a copy of the signed proof of the ad with your signature on where it shows the details as printed.

Free legal advice is difficult but Citizen's Advice might be able to help or suggest someone more knowledgeable who could help. At one time you could go into any Solicitor's Office and ask for a tenner's worth of advice on a given topic and, as soon as they felt you'd had your money's worth the meeting would end. But you'd get the basics and that would be enough to sort out most problems.

If they are at fault (and I have no reason to doubt what you say!) then they wouldn't dare take the matter too far because they'd have to show that the ad and the signed proof ad are different. It might be argued that the phone number or other details are worth 65% of the cost but that's a different issue and is subject to negotiation. If you didn't get what you both agreed to do them they have to make a much better offer - such as cancellation of the whole invoice. Try Citizen's Advice first though!

If it's any consolation...

I work in advertising, and I design adverts almost every week.

Our policy is that NOTHING gets published without the client's signature - for the very reasons you've stated. Our policy is, if the printed matter does not match the signed copy, it is a fault of our own or the printer/publisher. In this instance, we offer either a full refund for the ADVERTISING BOOKING, or we offer to re-advertise again for free.

The client chooses which.

Now, if, as Mandrake suggests, they can supply you with a kosher sheet of paper, bearing your signature and the 'wrong' advert, then, your rights dictate, that you have NOT agreed to the publication of the advertisment which has appeared, because it does not match the signed proof.

Our 'belt and braces' procedure is that we keep our signed proofs for 14 days after publication, after which time the client should have noticed the complaint. If, after 14 days, no comeback is felt, then that is the fault of the client, and we offer no recompense.

This is laid out in our T&Cs.

At present, if you are 100% sure that you did not sign off the advertisment as it has appeared, then I suggest you ask your representative to call you.

This really does sound like their fault, in which case, I would assume you are either entitled to a full refund or a free insertion/size upgrade next time.

Your case lies in the fact that Yellow Pages themselves insist that all address information is present, and part of their own T&Cs is that "the address given should be accurate, and your company should be reachable via that address". Therefore, if this is the artwork they have generated themselves on your behalf, it is a DOUBLE mistake, as their team should have checked the address in the first place.

Previous tussles we've had with them are when the advertising simply point-blank will NOT draw trade - i.e. if details are omitted, they have run a previous copy of the advert with a wrong phone no. etc.

Take 'em to the cleaners. Be firm - after all, the customer is always right.

Yes I have a copy of the ad that they sent me to check over prior to printing, it was perfectly correct. They have at no time denied the mistake. They just claim it is a small point as the ad still tells people what I do and gives a valid phone number. Early on I offered verbally to pay 50% which they rejected, I now feel I don't want to pay anything as they have never accepted my 50% offer and have handled it in my opinion very badly.