VBulletin

[candidrachel]

I put a post on the Earning with Photography section but my post is coming up with VBulletin. Can the mods help me out? Can you even see the thread?

Cheers x

[Digidave]

I could see the thread. This is what it appears like on my computer.

[candidrachel]

That's the one. Why is it like that?

[dlambert]

It looks like VBulletin is using a default theme (rather than the DPS theme). No idea why it would be doing that, though. Did you paste the text in where you said "this is what it says"? Maybe there was something in there (embedded control character or something) that's throwing VBulletin. Try editing the post and use the "Remove Text Formatting" button on the edit screen -- that's a wild-a$$ guess, but it's worth a shot. Very odd, though.

[graciousness]

Rachel, long time to talk - hope you are well despite that issue........

I read that earlier but couldn't reply to you due to the Vbulletin thing. Anyhoo, I used to work for a telco company that had roll over clauses in their contracts and let me tell you, as a customer resolutions analyst who had to resolve issues with customers who disputed the clause, we couldn't bind them to the clause. You know why?

Cause it wasn't a fair clause and as such, the Dept of Fair Trading and the Trades Practices Acts would quickly side with the consumer.

I know I'm in Australia, but I believe that in regards to consumer rights, it's not much different with the UK. I had a quick look a the Dept of Fair Tradings UK and you need to get your money back. Have a look at Group 8.2 of the Unfair Contract Term Guidance section I discovered here:

http://www.oft.gov.uk/shared_oft/rep...rms/oft311.pdf

Group 8: Excessive notice periods for consumer cancellation –
paragraph 1(h) of Schedule 2

.....8.2 Particular suspicion attaches to a term in a contract for a fixed period
which, if early notice to cancel is not given, automatically commits the
consumer to a renewed fixed term.

What I would do is this. First, I would contact that company (or probably better yet, your husband) and tell them that you have looked into the Dept of Fair Trading and will be contacting them soon as you have discovered that according to Group 8.2 of the Unfair Contract Term Guidance blah blah blah, you get the drift....the rollover clause of their terms and conditions is unfair as per the guidance. You are contacting them first to give then a chance to have a final resolution to your issue/dispute without involving a third party at this time. Also drop in the "Trade Practices Act" in the dialogue to let them know you are serious and have been really looking in to this. If they still give a stupid reply and refuse, then tell them you will contact them again soon with the aid of the Dept of Fair Trading.

Then contact the Dept of Fair Tradings and talk to them about this issue. I don't know if they can refer you to an Ombudsman who can help you raise a dispute, but regardless, at least they can shed some light for you in regards to this.

Remember that just because it's in a contract doesn't mean that it's fair.

I hope this helps.....

Cheers,

Grace

[graciousness]

Here's a webpage for the UK Fair Trading, by the way- Unfair contract terms guidance - The Office of Fair Trading

Contact no is on the very top and very bottom of all their pages.

[Biomech]

I had that post come up like that on my phone last night :P

[candidrachel]

Bless your heart Graciousness! Thanks sooooo much for your help. You know I had a similar problem with Yell a couple of years ago and had to go through Trading Standards because of them and I won!! Looks like its a trip to the Citizens Advice Bureau on Monday to see if they can fight my case.

Yesterday I wrote to the company. This is what it says:

Dear Mr

I am writing to you regarding my 2 year advertising agreement. At the time of signing the contract I was under the understanding that it was only for a 2 year period. The fact that the contract was a rolling contract was not explained to me at the time of signing therefore I was surprised when £314 was withdrawn out of my bank account without my knowledge or consent. Neither was it explained that I needed to put in writing that I wish to cancel my agreement.

I would like to be refunded £314 for advertising as far as I was concerned the contract had come to its final 2 year period.

I have had no correspondence or telephone calls from your organisation the whole of the advertising period and I would like proof that your company actually did what I paid for.

I would also like to cancel the contract from immediate effect.

Your sincerely


I shall wait and see what their reply is.