low income small business in dispute with Yell

[blinder]

I took out some advertising with the Yellow Pages last year and the advert was printed in a paler colour than agreed, rendering it very difficult (impossible really) to read. It also backs a deep black advert which adds to the problem.

I let it run for three months but got no calls from it (first time in 6 years of business). So I phoned them and asked for a refund. They accepted the points I made but only agreed to a 20% discount. For advertising that cost me £1100 and which is completely worthless I feel this is too low. I wrote to explain this.

I have stopped my direct debit until the situation is resolved. Meanwhile they have now threatened court action (plus a daily interest of 8%)!

I am a sole trader, with no entitlement to legal aid for commercial law AFAIK and just about to go on maternity leave on a breadline income. :tinysmile_cry_t:

I think I am in the right and they are getting away with extracting money for a product I didn't approve. But I don't think I have a leg to stand on. The contract says:

6.4 Reproduction Quality and Limitations

Proofs that may be issued by Yell pursuant to Condition 9 are produced using different printing processes and on different paper stock from those processes and paper stocks used in the manufacture of the Your Town Directories. The Customer understands and accepts that the reproduction quality of Your Town Directories will generally be of a lower definition. In the case of colour Advertisement, the Customer understands and agrees that there will be some variation between the colour shown in any proof that Yell may have provided for that Advertisement and the version as printed in the Your Town Directory. Similarly, there may occasionally be some colour and tonal variation between adjacent pages in the same Directory and this factor may adversely affect the appearance of a double page spread type Advertisement. In the case of a double page spread Advertisement, Yell does not warrant the alignment of the two pages. Yell will not accept any liability for such degraded definition, colour variation nor alignment imperfections should they occur.

Can they REALLY get away with this? Should I start paying for the advert? Would I still be able to pursue a refund? Am I entitled to any sort of assistance with legal costs?
Help!

[Glenn UK]

Re: low income small business in dispute with Yell

my 1st thought is that by alloiwng it to run for 3 months you have in effect effecitvley accepted it.

With rgeards to that cluase xcontracts between businesses are considered in a very differnetl light to that between consumers and businesses.

I think that between business the watch words are caveat emptor and that if the add wasnt what you wanted to should have compained in writing immediately.

Having said all that were the colours specified according to their pantone refrences? or was it a faulty in the printing?

and the 8% per day is that accroding to a term in their T&C ?

Glenn

[blinder]

Re: low income small business in dispute with Yell

Hi Glenn, thanks for replying!
not sure what pantone references mean, but the colour in the printed ad (white writing on blue background) was different from the proof - same tone but much paler. So it is difficult to read the white writing as there is no contrast. The difference in colour COULD be due to it being printed on yellow, thin paper, as opposed to the luscious white paper they printed the proof on grr.

The 8% is because it will be a commercial debt.

I did explain to them that I had tested the ad as a good-will gesture, but yes I wondered if I should have been quicker off the mark. The first person I spoke to did however accept that the ad was illegible but felt that this would add 'positive mystery' to the advert, so I could argue that they have agreed with my complaint!

It's a shame that because I am a sole trader, consumer rights don't apply to me.

[Glenn UK]

Re: low income small business in dispute with Yell

pantone references are what printers use to print colour, it means if you give the info to any printer they should pirnt the same colour as everyone else.

Anyway I dont want to rain on yourt parade but i do think the biggest isssue is the delay. I could be wrong and would be happy to be wrong.

With big businesses they usually have things sown up so us little guys have to eat the crap as it were.

I hope you can agree a better compnesaiton package though..