Wham bam, it's a scam...

System
System Posts: 100,537 🤖 Admin 🤖
edited June 9 in AAT member discussion
Can anyone please advise me on the legalities of refusing to pay an invoice.

The organisation I work for and one of it's employees has been conned into 'buying' some space in a tatty mag for recruitment advertisements. The individual in question, who works for the organisaiton, has confirmed via email that they're happy for the adverts to be placed and the invoices have arrived right on cue.

My argument is this...I firmly believe that the manner in which the 'sale' was made was in a word dishonest, so I aint paying the invoice.

Where does this leave me legally, bearing in mind the 'authorisation' in the email???

Comments

  • System
    System Posts: 100,537 🤖 Admin 🤖
    Re:Wham bam, it's a scam...

    I would say that you are on a really sticky wicket as the advert has been agreed to, in writting!

    You haven't gone into details of why you think it's a scam but you would have quite a fight if you haven't got evidence that it was fundamentally misssold.
  • System
    System Posts: 100,537 🤖 Admin 🤖
    Re:Wham bam, it's a scam...

    A similar thing happened to me. I was `mis-sold` advertising space in a tatty recruitment mag. It was all documented too. They told me that the publication was distributed in the local supermarkets, yet I couldn't find a copy anywhere in the local area. I was very suspicious so complained. They posted me a copy to prove that it was `real`. The add was wrong size and it was incorrect and full of errors. So I refused to pay. They became quite abusive and they took it to court, but they couldn't even do that right, so it got thrown out! I had the backing of Trading Standards too.

    I learnt my lesson. There are so many cons out there. I now never place advertising unless I know the publication and have seen several copies of it in distribution.
  • System
    System Posts: 100,537 🤖 Admin 🤖
    Re:Wham bam, it's a scam...

    Ive done a little contract law. There appears to have been offer and acceptance, and both parties have provided consideration (i.e. promised something of value) so the options are already narrowing. Youd be getting into the realms of misrepresentation or implied terms or in other words that something was highly implied in the sale that didnt happen etc.

    And beyond that I guess its call in the legal boffins!

    Perhaps payment and a little pride swallowing might be less painful than a judgement in the long run.

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