Rolling Contract Query

If a sole trader agrees, over the telephone, to take out a once-off, small ad in a directory and, later, receives in the post and signs a contract for that small ad without realising that, buried in the terms and conditions, is an opt-out box which must be ticked to prevent the contract becoming an annual, rolling contract, is that trader over 12 months later, his business having failed, no longer operating out of the same address and, therefore,unaware that post has arrived at that address warning him that the ad for the now failed business is being placed and he must revert within 28 days if he wishes to cancel it, obliged to pay for the ad? Any opinions much appreciated!

These imho are really scams. It's even worse as you will find that the jurisdiction clause in the agreement nominates the firms home country which makes it more difficult to challenge it. Sorry haven't a legal solution. Suggest a complaint to the embasssy here of the country involved.

You *could* I suppose, write to them and assert that -

• your friend is not obliged to pay for the advertisement (regardless of the facts)
• your friend is now a man of straw
• your friend now instructs the advertiser to cease and desist from publishing false and inaccurate information about his former business while seeking to charge him for it based on a sharp practice wording
• if the advertiser continues to publishing false and inaccurate information your friend will have no alternative but to report both the small print in the contract and the attempt at continuing the relationship in defiance of the cease and desist notice to the relevant advertising authorities.

OR you could simply do what common sense dictates - ring them up and tell them your friend's situation and see what they say.

ONQ.

All advice on AAM is remote from the situation and cannot be relied upon as a defence or support - in and of itself - should legal action be taken.
Competent legal professionals should be asked to advise in Real Life with rights to inspect and issue reports on the matters at hand.