Breach of Contract for B2B Advertising

**NotAllThere** · 16 March 2009, 08:25

If the staff member wasn't authorised to sign, and you notified them, let it go to court. They'll lose. But get some professional legal advice first.

**oracleslave** · 16 March 2009, 09:04

Can these folk not help?

**KentPhilip** · 16 March 2009, 09:22

They are not going to hassle too much over £200. A few phone calls, letters, maybe a personal visit, then nothing.

**pmeswani** · 16 March 2009, 09:39

Originally posted by MarillionFan View Post

One of my staff got approached by an 'advertising' salesman who told her that they were offering a one off deal for some local advertising.

She said she needed to speak to me, but as well signed a contract for the advertising as she 'didnt want me to miss out', saying the guy had to speak to me.

The first I know a couple of days later is when a proforma invoice turns up asking for payment. I phone and say there has been a mistake, but lo and behold they state I have to write.

So I write to say that the member of staff cannot sign and its not legal and will not pay. They write back and disagree and state they have now incurred £25 proof costs.

I write back and tell them not to go any further, they write back and say they will. Finally I send a strongly worded, legal letter stating that they do so at their own risk!

They then went on to complete the advertising a month after the final letter, putting the email of the member of staff on the advert(!!!), now three months down the line, they are sending the invoice to a debt collection agency. They sent a copy of the advert and it was rubbish.

Anyone got any idea what the deal is here. These dicks are obviously just going to push it off to a debt collection agency and hassle the crap out of me, whereby I dont feel I even have a contract with them and even though we are talking £200, frankly I dont see why I have to pay for the advertising they did without my agreement.

Anyone any ideas on breach of contract here?

MF

The first issue you have is your staff had signed something on your company's behalf, whether or not she was authorised to do it. It can be seen as legally binding. However, I would suggest seek legal advice before it is too late.

**centurian** · 16 March 2009, 19:26

Originally posted by pmeswani View Post

The first issue you have is your staff had signed something on your company's behalf, whether or not she was authorised to do it. It can be seen as legally binding. However, I would suggest seek legal advice before it is too late.

Imagine if you had a signed contract from an agency - all ticketboo as far as you are concerned.

Then sometime later, someone else from the agency rings you up and says "Sorry, pimp didn't have authority to sign."

Your response would be something like, "That's your problem. If he/she didn't have authority to sign, then sack them, string them up, I don't care. But that's between you and them. Between our companies, the contract stands."

But I wonder if a telephone receptionist at BP said "yes" when asked if they agreed to sell their entire oil reserves at 10million - would that be enforceable - 0% chance.

So there has to be some middle ground legally. It sounds like these folks are trying it on - probably professionals at it, so they may know exactly where to tread to make it enforceable.

The fact they have a signed piece of paper doesn't help though...

**Incognito** · 17 March 2009, 10:05

http://www.buckscc.gov.uk/bcc/news/d...id=-1054278336

Contact your local trading standards

**MarillionFan** · 17 March 2009, 20:14

Incognito. You are a bloody marvel!

**oracleslave** · 17 March 2009, 20:23

Disappointing. I was so looking forward to you having another go on the CAG forums

**MarillionFan** · 17 March 2009, 20:29

Originally posted by oracleslave View Post

Disappointing. I was so looking forward to you having another go on the CAG forums

Funnily enough, I was in a post office a few weeks back when this guy starts asking for £1 postal orders to send to people and insisting on registered post. It took him about 15-20 minutes to complete his 'monthly' transaction

We get talking and it turns out he's a moderator on the CAG forum, and when I mentioned about the advertising he said I should take it there to get some help.

Didnt have the heart to tell him I was banned.

Breach of Contract for B2B Advertising