Fell out with PR company – now we have a few problems with them!
Hello, We had a 10 week project contract with our PR company, where we paid in 2 installments. We agreed to do a photo shoot and a PR stunt early on in the project, and the PR stunt was supposed to go ahead on week beginning 24th June. They made a weak attempt and it never materialised. They then claimed that was not their "main stunt" but just a mini stunt, and every time over the last 2 weeks I have asked, they have not got back to me with a new stunt. Additionally – after 4.5 weeks, they were unable to get our products printed for branding purposes (this should have taken them 1 week to arrange), and hence knocked everything out of line. We told them we would not pay on 1st July, but were more than happy to pay once we saw the PR stunt and photos from the planned photoshoot. with that, they terminated the contract, siting we broke it due to delaying fees. I am trying to get back a large amount of the money paid up front as all we have to show for it is a press release (which has not been set out yet), but they have told me to drop my paypal dispute or they will get their lawyers on me – their email at midnight last night gives me until 5pm this evening to back down otherwise their lawyer will get involved. Does anyone have a view as to where I stand? Should I write off the money, or continue my dispute? Thanks in advance to everyone. Chris
Hi You sound like you are in the right and the paypal sounds like you paid via yes or no?
I wouldnt drop it ,if I am in the right and they failed to provide a service. Depending on your status, large company or new business, is how I would approach the threat of Lawyers. Firstly , they would be liable to fund any solicitors involved that they instruct, if you did pay by paypal ,dont drop it as paypal favours the payer in most cases. It sounds like that could already be causing them problems as paypal are a nightmare if they freeze an account, which they could have. Never write off your own money when you havent been provided with what you paid for. Let them make the next move. Its early days for threats from them ,so carry on.
This sounds like they breached the contract first.
There is also an economic tort that may apply to your case which is called ‘tortious interference’ which happens when a party intentionally damages the contractual or other business relationships.
I am law graduated working with altarboymusic.com. Let me know how this dispute develops, we might be able to help you further.
Just a bit of experience I’ve had with anyone who mentions ‘lawyers’ at the drop of a hat – they’re all idiots!
Firstly it’s a solicitor who you have to see initially, but ‘lawyer’ sounds much more **** and threatening which is why such people use it.
One thing to remember is that if the dispute falls under the small claims court (less than £5k I think), you’ll essentially just talk it out with the opposition and someone who feels like your old head teacher (the judge).
The Judge is just trying to find the best way out of it, and usually do a cracking job of getting to the truth.
Director of http://www.vubasupplies.co.uk
Thanks very much for your replies guys. We felt it was best just to leave the PR team behind us and move on with our business. Life is definitely tough without someone helping us with our marketing, but Im not sure I can trust another PR company to help us again. I spoke to a few of them, and they gave me speils and rediculous quotes for very little work…
Appreciate your comments above – I have a lot to learn about legal implications of certain actions, etc..