Next Generation Media Group Rolling Contract Con

[Flo]

Wow! Having just read 4 pages of posts about this company I'm now really embarrassed to admit I've just had the 'it was in the contract' call!!!

I will do everything as suggested throughout this post but just wondered if all those who said they were standing up to them were successful?

Ta, Flo

 

[Bobbert]

These guys are pros!!!... I had no idea that they were this bad.

Can't be good when a simple Google search returned loads of forums containing loads of complaints against the same company.

Wish I had done that BEFORE I signed

We received the NOTICE OF PROCEEDINGS letter which was the first we knew of any renewal. This was beginning of January this year.
When I called they just said the usual "it's in the terms & conditions" and really weren't interested in much else.
I've been to our local Registry Office (back at beginning of last year) to see if my ad was actually on the screen and I never saw it the 45 minutes I was there so I'm wondering if it even exists.

When I asked them for proof of digital advert (statistics, etc - which I was told at the time of signing I could request anytime) I never get anything back ... when I chase this they just say that it's been passed over to the appropriate department.

All this was before I knew anything about their Rolling Contracts!

Have since contacted Citizens Advice who have informed local Trading Standards and I have informed OFT too.

Have just sent a strongly worded letter to NGM stating that I'm not paying on the grounds of breach of contract and that I've contacted CAB, Trading Standards and OFT. Have threatened with Watchdog and Press so I'll wait and see what happens next.

 

[Witch consumer]

Thanks for the info

I suspect nothing will happen, nothing at all

 

[vickyvwj]

We are having similar problems with company called Onscreen Media Uk. The salesman makes you believe that you are signing a 2 year contract and that is what it appears but 2 years later they have sent us an invoice for a 3rd year and then tell you that if we had read point 21 on the reverse of the contract that we needed to send them notice by recorded delivery within the first 12 months to prevent the contract rolling into a 3rd year.
They are now actively chasing the debt and are using a company called Sinclair Goldberg Price who state that
1. You have signed a legally binding commercial contract with our client.
2. You have signed to confirm that you agreed to our clients T & Cs.
3. You did not cancel your contract within the 'cooling off' period clearly stated in Section 14.
4. You have not provided and recorded delivery receipt to our client with reference to any cancellation request as clearly stated in Section 18.
It also goes on to state 'FAILURE TO RESPOND MAY RESULT IN YOUR WHEREABOUTS BEING TRACED AND AN AGENT VISITING YOUR PREMISES OR ADDRESS'. - which is not a problem, we don't need to be traced, it is obvious where we are, an agent can visit, but he will not be paid.
For anyone who is thinking of advertising with them, we would have cancelled the contract after 6 months had we of had the option, we have never had a single enquiry from anyone from this advert - it is a complete waste of money and trouble.
We have told them that we will not be paying for the third year as there T & Cs are completely unfair, so it will be interesting to see if they do take us to court.

 

[Witch consumer]

Always worth remembering that if a debt collector does not have a bailiffs licence and a court order, they cannot stay on your property if you ask them to leave, nor can they visit if you tell them in writing not to. If they hassle you by phone, tell them you will only deal with the in writing, then file all their bogus threatening letters ready for the bogus court case

 

[craigowen]

I've got exactly the same issue with On Screen Media UK Ltd. The times the adverts are shown are not the same as verbally agreed. There is nothing about display times in the contract. I have had no sales from the advert either.

When I contacted Sinclair Price Goldberg before it has been passed to them they appear to be in on the scam. Here is their final statement:

Dear Mr Owen

It's sounds as if you have not cancelled your contract as per the contract terms and in addition you have no case based on the advertisements. Every contract has a cancelation instruction and it's your responsibility to comply with the terms.

By all means you can instruct a solicitor but you will incur their costs to add to the advertising bill and were this case passed to us we would enforce the debt including all costs and compensation under the Late Payment Act.

I would strongly suggest that you pay the invoice to save yourself time and costs. Please don't be naive in thinking that we are unaware of who you are throughtout your emails. Should our client forwared the case for collection, we will enforce the debt in full.

 

[montgomery]

We are having problems with Onscreen Media UK Ltd, and have been contacted several times by Sinclair Goldberg Price Ltd.
Like many others on here we were mislead into signing a contract that apparently tied us in to a third year agreement with Onscreen Media.

Shortly after receiving a bill for the third year of on screen advertising, we were contacted by one of the venues that we chose to have our advert displayed at.
They informed us that due to the unfair T & C, and all the complaints that they had received from other businesses with adverts, they had demanded Onscreen Media UK Ltd take down the screens.
As our advert was now no longer being displayed at the venue of our choice, we saw this as an opportunity to declare this as a breach of contact with Onscreen Media. However they continued to quote their T & C wherein it says that they can move the ad to any other location at their discretion if the original choice is no longer available.
So we went from our ad being displayed for 10+ hours per day 6 days a week and one Saturday every month at the venue of our choice, to 9 hours a day 2 days a week at a venue we would never have even considered advertising at.

The OFT advises that under the "Unfair Terms In Consumer Contracts Regulations 1999", if a variation clause allows a supplier to substitute something different from what he has actually agreed to supply, this conflicts with the consumers legal right to receive something that is in all significant respects what he or she agreed to buy, and not merely something similar or equivalent.

Sinclair Golberg Price Ltd have written to us twice. Each time adding more interest and charges to the bill, but the interest figures are suspiciously incorrect and differ considerably to the figures if you use their very own late payment interest calculator on their web site.
The last letter declared "FORMAL NOTICE OF BANKRUPTCY", and advised us that they would now prepare the necessary papers, to be served at my home or works, whichever they deem appropriate. That was on 07/08/13 and as yet, no visit.
They have also called us several times with threats of legal action. We advise them that it is in the hands of our solicitors and we will only acknowledge and deal with Onscreen Media if they contact us directly.
Sinclair Golberg Price Ltd tell us that they always take non payers to court, and always win.
I really wonder if this is true?
Has any one actually been taken to court by these people?

 

[drwebtest]

Hi
I have fallen into this trap. Any emails or further advice I can use will be greatly appreciated. I do not intend to give in without a fight.

A 2 year rolling contract that is not explained at the point of sale must surely constitute mis-selling regardless of spurious T&C'S.

Thanks in advance.

 

[Gonzo00010]

I have also been caught up in this.

I first had a invoice in july, a reminder in august, and so i wrote them a letter, since then it has been passed on to a debt company (sinclair goldberg) who have rung constantly, after 5 weeks i emailed my solicitor asking them to email a brief letter to both on screen media and sinclair goldberg briefing them that i do not intend to pay, on screen media seem to no longer respond where as sinclair goldberg followed this up. I instructed my solicitor not to waste any time unless they want to take me to court.

Since this the've asked my solicitor to contact me, to contact them,and inform them of a reason why i am not willing to make payment, for obvious reasons.

I also got a a letter saying someone would visit me, but this was nonsense and have had numerous phone calls saying if i dont make payment by such a date then they will issue court proceedings, which i am happy to do but they have failed to do this.

my advertisings have been with freedom leisure in the south east, any one else from this area having problems?

 

[drwebtest]

I attach a brief snippet taken from the CAB website and which can form the basis of a counter claim.

"If the statement made by the sales person is false and it influenced your decision to buy the service, this is called misrepresentation. If this is the case, you can cancel your contract without charges and may be able to take legal action for compensation. A false statement which influenced your decision to enter into a contract is also an example of an unfair commercial practice. This is a criminal offence.

If this has happened, you should report the company to Trading Standards.”

Hope this helps everyone.

 

[weddinmg1944]

Same here mine is just rolling as of 6 days ago refusing point blank to pay did not even get what was promised in registry office guide

 

[weddinmg1944]

wedding photography. my contract finishes later in year but pressing for renewal this week under this rolling contract i like you was promised TV screens in 2 offices in Bradford area on top of an advertisement in Registry office guide guide which was published but in 18 months nothing at not even one lead despite that in the contract pages it says quote "which helps your buisiness grow" not in my back yard never happened. A new company PS Publication taken over from next generation they went into liquidation in May 2013 i am refusing to pay told them to save their money and get a replacement advertiser whist they still can if they do publish with mu name on told them by recorded delivery letter it would be at there own cost as the rep made an arrangement to overcome rolling contract by apparently putting in on file as contract was entered on day one this was on the computer system but it was a lie it never happened.

 

[drwebtest]

I strongly advise you to contact CAB and lodge a complaint the phone number is 0845040506. If enough of us do this maybe they will stop this nasty practice.

In addition I would complain to your local council.

 

[pc2014]

We are in dispute with Onscreen Media over the rolling 3 year charge which we were not made aware of when ordering and which we unsuccessfully tried to cancel when we became aware of it.

We are now been threatened by Sinclair Goldberg as other members report.

Has anybody been successful in withstanding their claims and threats?

Has anybody been successfully taken to Court by Sinclair Goldberg on this issue?

 

[Rebecca23]

You don't need to go to court. Just stand up to them and refuse to pay. Contact the OFT and Trading Standards - I did that and wrote a very strong letter to them saying there was no way I was paying. They made a fuss at the start and I got a letter from a debt management company but I refused to pay them as well. You can check whether a company has ever sued anyone successfully or not and they have NOT. It's all a lot of hot air. No court would ever accept their T&Cs - the OFT do not consider a 12 month notice period to be fair so they have as much chance of winning a court case as flying to the moon!
Do not be bullied, no matter how horrible their letters are. Just stand up to them and they will back down. Play them at their own tactics and they will soon get the message - it's much easier for them to concentrate on the mugs who carry on paying than spend time and money fighting someone in court.
If they get really nasty, you can always write to all the press and Watchdog as well.....and don't forget twitter!!! Powerful stuff, social media...... Good luck!

 

[danieltorridon]

I have also just been caught out by Next Generation Media. I was totally shocked when I received an invoice this morning for £1200 demanding payment within 7 days. This was the first communication I'd had from them in 2 years. It took me a while to remember who they were and what they were demanding payment for.

After checking my office files, I found that in February 2012 my company, at the time called Daniel Torridon Media Ltd, had taken out a magazine advertisement with Next Generation Media Group.

Since 2012, Daniel Torridon Media Ltd has ceased trading. Our core business has changed and we have rebranded as Daniel Torridon Ltd. The invoice Next Generation Media sent to me was for Daniel Torridon Media Ltd. Upon querying the matter the company told me that because Daniel Torridon Media Ltd didn't cancel the advert, the contract has "rolled over" into another two years. Even though my company has changed its business and its name they say I am still responsible for the new advert.

Firstly, I was unaware of the need to cancel being in the Terms & Conditions. This was not spelled out to me clearly when I signed up. I just thought it was an advert for 2 years, not a "rolling" contract. The terms and conditions were not pointed out to me at the time. They've sent me a copy of the agreement I signed (one page), and a separate copy of their Terms & Conditions (another page), but NO evidence that the terms they've sent me were the ones I originally agreed to (ie. they haven't sent me a piece of paper with the signed agreement on the front and the terms and conditions on the back). For all I know, they could have just made up the terms and conditions!

Secondly, they never sent a renewal notification addressed to Daniel Torridon Media Ltd. If they had done I would have told them I didn't want to renew because I had absolutely NO enquiries from the advert they published. It was quite frankly USELESS.

Thirdly, Daniel Torridon Media Ltd NO LONGER EXISTS! The company name was closed in August 2012 when I set up Daniel Torridon Ltd. The invoice they have sent is to a company that no longer trades, but they insist that the new company takes on the responsibility of the payment.

I've informed them that Daniel Torridon Ltd as a company is NOT responsible and will not be paying the invoice, and that if they persist in trying to obtain payment we will be prepared to bash it out in court. It strikes me that they rely upon clients not cancelling in order to extract another payment out of them. They obscure the terms and then produce them to bully you into paying. In my mind this is very unethical and I will not pay without a fight.

Watch this space...

 

[drwebtest]

You may be interested to know that we have been disputing their 2nd invoice on the basis of misrepresentation and have sent various letters as advised by CAB and have today received a final notice stating that no further communications will be sent and that they will proceed to court unless payment is made within 7 days.

We feel so strongly about this that we will defend our position in court.

We will report on the outcome.

 

[danieltorridon]

It's come to my attention that NEXT GENERATION MEDIA GROUP is a trading name for SCREENADS MARKETING CONSULTANTS LIMITED. Check your contract. If it reads "The Company... Next Generation Media Group is a trading name of Screenads Marketing Consultants Limited..." then your agreement is with a company that no longer exists! Companies House shows the Company (Reg no. 6319566) was wound up in June 2013 and is currently in Liquidation. Next Generation Media Group might be sending you threatening letters, as they have me, including Notice to Proceed Under County Courts Act, but don't give in. The Company that matters is the Limited Company behind the behind the trading name. I would say if the Company no longer exists, your contract no longer exists. You might also see reference to PS PUBLICATIONS LTD (perhaps on your invoice, as I have). I wondered who on earth this Company was because it was the first time I'd heard of them. I have it on good authority that PS Publications Ltd bought the contracts off Next Generation Media Group. But where does it say in any of the Terms and Conditions that NGM/Screenads can sell your details to another company? It doesn't! If your contract makes no reference to the Company that is invoicing you, then you have no reason to pay them. Interestingly, while the invoice I've received is from PS Publications Ltd, the demands are to pay £1200 to Next Generation Media Group. Who in their right mind would pay a single penny to a trading company whose registered Limited Company has gone bust? And what Court would say that a contract with a Liquidated company that no longer exists has any relevance? I've reached the point now where I'm simply not responding to NGM's letters, threats etc. They seem to me to be desperately trying to get people to pay something as a last ditch-effort, probably to pay their debts off. Good luck to them if they try to take me to court. The amount of inter-related Companies you'll find if you do a Google search is unbelievable, including multiple Liquidations, Director resignations etc. I smell a very bad stench of fish and I'm sure if it went to court, the Judge would too!!!

 

[danieltorridon]

If I were to write to PS Publications Ltd and query why they are invoicing me £1200 they would be unable to provide any paperwork showing that I had agreed to anything with them.

If I were to write to Screenads Marketing Consultants Limited who my original contract was with, they would not be able to reply because they were wound down in June 2013 and are currently in Liquidation.

Seeing that I had pre-paid for 2 years worth of advertising, I should be asking Screenads Markting Consultants Ltd for a refund on the months they were not trading, (June 2013 to February 2014 when Next Generation Media say my "rolling contract" begun), and hence not providing me with the service they had promised

 

[plainjane]

Hi All, Glad I have found this thread - we are in the same boat with On Screen Media, so I'm following with great interest to see how you're all getting on, and the best way to go about clearing up this mess!

Just wondering have any of you actually had to pay or go to court?

They want over £2k from us. We didn't even have a single enquiry from advertising with them! Our business can't afford to pay this amount of money. We're a family business and it's causing a lot of sleepless nights at the moment!