Charity & Emergency Services Publications

Many of the companies producing this type of publication - diaries, wall planners, directories etc - are based in the Wirral/Merseyside area and whilst some of the publications are produced in agreement with a registered charity or one of the emergency services, many are not. The complaints we receive relate to the following practices:-

• Telephone calls claiming an existing agreement to support the publication when there is no such agreement.
• Sending demands for payment when no agreement to support the publication has been made.
• Sending demands for payment when a prospective advertiser has only asked for written information about the publication.
• Telesales staff making false or misleading statements about the publication.
• Failing to give to the prospective advertiser a solicitation statement in respect of publications produced for charities.
  The Charities Act & Regulations requires prospective donors to be given information about the proportion of their donation which will be used for charitable purposes. This information must be given every time a solicitation - whether verbal or written - is made).
• Using debt collection agencies or making threats of court action where the contract between the business and the publisher is disputed.
• The tape recording of telephone conversations by the publisher without the agreement of the business.

Unless you receive satisfactory responses to the questions on the telesales check list below you should exercise extreme caution about supporting such publications. You may prefer to make donations directly to the charity of your choice or to contact your local emergency services sponsorship officer to find out how you might best support them. We suggest you print off the checklist and distribute it to your employees.

If you have been contacted by a company as described above and you are adamant that no contract is in existence, or that misrepresentation has taken place, you should write to the company and ask them to produce evidence of the existence of a contract (see our attached draft letter). You may receive threatening letters from debt collection companies. Only a court can decide the validity of a contract and whether or not you are liable to pay a debt. Similarly only a court can enforce an award and only a court can instruct bailiffs. The publishing company may employ debt collectors to pursue the alleged debt but debt collectors are not bailiffs and cannot attempt to collect payment by taking direct action, such as seizing goods. For more information about County Court proceedings see www.hmcourts-service.gov.uk

Under the Privacy and Electronic Communications (EC Directive) Regulations 2003, it is unlawful to make unsolicited direct marketing calls to individuals who have indicated that they do not want to receive such calls. To limit further unsolicited approaches by telephone you can register online with the Telephone Preference Service (sole traders and partnerships) or the Corporate Telephone Preference Services (limited companies) at www.tpsonline.org.uk/tps/what/ or by telephoning the TPS Registration line - 0845 070 0707

Telesales Checklist (pdf document) or adobe acrobat version (.pdf document)
Draft Letter to Publishing Company (Word document) or adobe acrobat version (.pdf document)

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