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Do I have to pay back to an advertiser after they cancelled an ad
They paid for 12 months and cancelled after 6, now want back half money
workingNOMAD




msg:3907755
 11:05 am on May 6, 2009 (gmt 0)

I dont think this is fair as they agreed to pay for 12 months advertising and paid me accordingly.

They are now trying to bully me into paying them back.

Do they legally have a leg to stand on? (UK based).

 

engine




msg:3907780
 11:49 am on May 6, 2009 (gmt 0)

What terms and conditions were agreed at the outset?

workingNOMAD




msg:3907847
 1:05 pm on May 6, 2009 (gmt 0)

None.

The only thing that was agreed was that they wanted 12 months advertising and were willing to pay for it upfront.

engine




msg:3907867
 1:36 pm on May 6, 2009 (gmt 0)

You haven't said why they don't want to continue.

If you want to retain them as a customer for the future, give back what they haven't had.

If you want a legal dispute, you can ignore them. At some point they will make a claim. If you lose, and the liklihood is you will, you'll end up paying costs, too, and have an unhappy customer that is unlikely to come back to you. Worse still, you could end up with a reputation, thereby sending other business away.

You could win, however, it will take time and effort on your part, and you will still have an unhappy customer.

Having taken people to court, I can tell you that the courts look for terms and conditions. If there are none, then it's up to the court to decide based on the case presented. If they have a good lawyer, you're going to have to fight to stop them winning.

Without written terms and conditions, you're in someone elses hands.

Oh, and as you're in the UK, the Trading Standards may get involved.

Another alternative is, instead of saying no, renegotiate the deal.

Finally, take legal advice.

Finally, finally, get some terms and conditions for the future.

workingNOMAD




msg:3907877
 2:00 pm on May 6, 2009 (gmt 0)

Thanks for the advice. The amount isn't too much so will pay them back.

A lesson learned.

engine




msg:3907882
 2:03 pm on May 6, 2009 (gmt 0)

Yeah, and when you do, say it with a smile and thank them for their business. Your credibility will be 100% intact with them.

atword




msg:3916993
 7:30 am on May 20, 2009 (gmt 0)

yes, give back the mony, u can retain the customer , it worth to do it

MWpro




msg:3919494
 1:43 am on May 25, 2009 (gmt 0)

At least in the U.S.: they are breaching the contract, however, you will still have to mitigate your damages by seeking a replacement advertisement to offset their damages.

So if the advertisement would cost $500 for those six months, they will owe you that amount minus your mitigation efforts. If you can only fill that advertisement space with a $400 advertisement, they will only owe you $100.

However, the real question becomes if it is worth it to go to court for this... probably not.

[edited by: MWpro at 1:45 am (utc) on May 25, 2009]

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