Writing an article for a popular caravan magazine. CAUTION

Submitted: Tuesday, Dec 18, 2012 at 09:48
ThreadID: 99534 Views:4622 Replies:7 FollowUps:10
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You may have received emails from a popular caravan magazine asking for articles on free camping and your travels. They have offered up to $400 for 1000 word articles and pictures.
If like us you have submitted an article and had it accepted and published, DON'T hold your breath waiting for payment.
We have played all of their games and submitted an invoice (3 times) and the ATO form. But no cheque. Article published in August and the deputy editor said it was one of the best composed article ever received.
We have tried all measures to get payment and failed. This week I will be applying to the Victorian Court for a Small Claims judgement against the Editor of the Magazine (as it is impossible to get to the Accounts Payable Clerk). Unfortunately the Editors name will be the one on the claim. Probably not his fault but the buck has to stop somewhere.
Be warned.
Stay safe and have a Merry Christmas everyone
Peter M
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Reply By: AlanTH - Tuesday, Dec 18, 2012 at 10:03

Tuesday, Dec 18, 2012 at 10:03
I'd write an article for nothing if they allowed me to name the retailer and manufacturer of our van.
Completely ignored by the retailer run by a very well known name in Perth when we complained of excessive wear on a tyre within 8 months of the warranty period.
"Deal with G********* was the answer". That brush off treatment after having spent in excess of 90 grand over 10 years with them.
Same with the manufacturer, they've had our money (2 new vans from them) so we can get lost
Consumer Affairs in WA managed to get some reponse but we'll still be well out of pocket from the expence of proving the wear was from faulty suspension components.
Never again will we deal with this nice old bloke or his ignorant sons or that manufacturer.
I'd just love the chance of a name and shame but sadly it won't happen.
Good luck with your fight to get your money from them Peter.
AlanH.
AnswerID: 500601

Follow Up By: Member - Arsenal Phill - Tuesday, Dec 18, 2012 at 10:47

Tuesday, Dec 18, 2012 at 10:47
Alan, firstly sorry to hear of your troubles. It personally really miffs me when people won't just put their hands up and `do the right thing'. I reckon after sales service is just as every bit important as every other aspect of running a business. Lets face it, in the caravan/camper trailer industry, after the purchase we all remain rolling adverts for these manufacturers. A fact which I think is somewhat lost on some of them. Good reputations are made over years and destroyred in seconds.
I think it is an unfortunate situation when we can't write facts as we find them, and name parities involved without fear of crossing some legal line. It would be a very powerful tool for the consumer to be able to use when issues arise. I am sure alot of manufacturers would be a lot less dismissive and fair in their analysis of problems if they thought bad publicity would tarnish their names.
We've been very fortunate ourselves. We have had issues with our new van and can only say that the company we purchased from have handled themselves in a very professional and exemplary manor. In fact we are collecting our new van tomorrow.
I think the whole legal system is breaking down and flawed. No longer is it about who's right or who's wrong. Ultimately its down to who has the most money.........
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Follow Up By: Geoff in SA - Tuesday, Dec 18, 2012 at 12:04

Tuesday, Dec 18, 2012 at 12:04
I'm with AlanTH
Would do the same for any mag just to get the same point accross

Regards

Geoff
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Follow Up By: pop2jocem - Tuesday, Dec 18, 2012 at 15:08

Tuesday, Dec 18, 2012 at 15:08
Interesting post Alan, seeing as how I just spent a couple of hours crawling over and under a few vans in the dealership run by a "nice old bloke" and maybe his offspring.
Did you have a good read of the warranty document available on the manufacturers website before laying down your hard earned dollars? Maybe a bit late now, or maybe not. Well worth a read right down to the last section entitled "Other Laws".
After doing a fair bit of research it looks like this is not the only manufacturer that uses a similar warranty document with it's extensive list of escape clauses and palming off issues to whatever supplier of goods they happen to be using at the time including the bloody chassis. Makes you wonder just what they do warrant themselves.
Obviously this document was prepared for them by a battery of well paid lawyers so that they stayed marginally on the right side of any legal issues.
Made me wonder if I shouldn't buy a second hand and cheaper van out of any warranty and just carry the cost of repairs myself with the money saved.

Cheers
Pop
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Follow Up By: Dennis Ellery - Tuesday, Dec 18, 2012 at 17:03

Tuesday, Dec 18, 2012 at 17:03
Don't be timid name the manufacturer.
Many others do so on this site without fear.
I’ve posted complaints about my son’s dealings with Toyota, dirty fuel from a Shell petrol station and a few doggy caravan parks etc – the sky hasn’t fallen in.
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Follow Up By: AlanTH - Tuesday, Dec 18, 2012 at 20:08

Tuesday, Dec 18, 2012 at 20:08
To be honest Pop I didn't. I have read it since and it appears to my non legal mind to be the usual type of document declaring nothing is their fault and for the buyer to pursue the original manufacturers. If the fridge breaks down ...."Don't bother us" type of thing.
The caravan industry seems to be run purely for their benefit. Well they've had the last dollar out of us and we've already told our story to 2 other club members who were possible buyers from that yard.
I'm keeping their wheel cover on the back but adding the words "Never again" above the old blokes very well known face and company name.
It may be petty, but it'll please me.
Good luck all.
AlanH.
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Follow Up By: member - mazcan - Tuesday, Dec 18, 2012 at 21:15

Tuesday, Dec 18, 2012 at 21:15
hi
its easy for w.a people to work out thats is george day and his 2 sons you are talking about been selling caravans for many years
i have no connection with the business
and nor am i promoting it
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Follow Up By: Dennis Ellery - Tuesday, Dec 18, 2012 at 22:18

Tuesday, Dec 18, 2012 at 22:18
Thanks mazcan – I hate these guessing games
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Follow Up By: Bazooka - Wednesday, Dec 19, 2012 at 00:33

Wednesday, Dec 19, 2012 at 00:33
Possibly a little off-topic, but new(ish) federal consumer laws are now much stronger and they sit above any "limited liability" paper warranty that a manufacturer or retailer might try to wave at you. Fit for purpose and reasonable expectations (in regard to longevity for example) are now major tests, irrespective of what the warranty says - ie the warranty paper cannot remove your basic rights. It's well worth having a read of the ACCC website to get a better understanding of your rights as a consumer. And the good thing is that you don't need any legal expertise to understand the principles involved.
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Reply By: Robin Miller - Tuesday, Dec 18, 2012 at 10:35

Tuesday, Dec 18, 2012 at 10:35
Thanks for warning Peter
AnswerID: 500607

Reply By: Bush Wanderer - Tuesday, Dec 18, 2012 at 11:01

Tuesday, Dec 18, 2012 at 11:01
Sounds familiar Peter.
A well known 4WD magazine, had a well known vehicle serviced at a well known 4WD service centre. Vehicle required a lot of work.....$20k to get it right. The whole process was photographed and filmed and editorial written for the magazine. The well known owner of the vehicle that is a journalist for this well known magazine, told the business owner to send the bill to the magazine. They did. The well known magazine then sent them a bill for 3 times the amount stating that the well known business received 7 pages in the magazine effectively advertising the business.
After negotiation no money changed hands.
Just imagine the effect of a business losing $20k just like that.....and the business was well known anyway, so was always fully booked for a few weeks in advance.
BW.....
AnswerID: 500609

Follow Up By: Member - Old Girl - Tuesday, Dec 18, 2012 at 15:09

Tuesday, Dec 18, 2012 at 15:09
That well known 4WD mag should have drawn up a contract then if that was their intention. I dont know of any mechanic that could afford $20 grand advertising bill plus loss of workshop time and materials with out budgeting for it.
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Reply By: Member - John and Lynne - Tuesday, Dec 18, 2012 at 11:23

Tuesday, Dec 18, 2012 at 11:23
You own the copyright on your article and photos unless they were properly purchased from you ie a contract for payment fulfilled. So they published your material without authority which is quite a serious matter in the publishing game. I think you have a good case against them - not only for payment but possibly for damages. If, by their admission (I hope you have it in writing) the article was of excellent quality, they have also deprived you of the opportunity to sell it elsewhere. So it is worth while to pursue the matter - they must have been getting away with this and should be stopped! A nice legal sounding letter about breach of copyright could be a good beginning. Lynne
AnswerID: 500615

Reply By: Rockape - Tuesday, Dec 18, 2012 at 20:52

Tuesday, Dec 18, 2012 at 20:52
Peter and Alan,
I sympathise with you both BUT one of the problems that has come out of this IS.

Now we don't know what mag or van dealer so we now lump them all into the same bucket. Everyone of them in Perth the world or any other big place. I don't know how you get round this. Peter, maybe you could just say you have dropped your subscription to magX as you no longer need it or Alan you maybe able to say I don't need to go down to my local dealer anymore if you get my drift.

I will give tell you a story. I had some very large problems with the people I bought my Hyundai off and my son had the same problem with the people he bought his BT 50 off in Mackay. I have written proof of the problems. Now I have not named the dealer but it will not take much to find out who it is.

On the other hand I have had nothing but good dealings with the people I bought my Ranger from in Mackay. This is also easy to find out who they are.

Hope you sort out your problems.
RA.

AnswerID: 500637

Reply By: Motherhen - Tuesday, Dec 18, 2012 at 21:24

Tuesday, Dec 18, 2012 at 21:24
Hi Peter

Have they given you any reason for delay in payment or have they just ignored you? What number edition of the magazine was it so i can look for your article? If it is the mag i am thinking of, i can't find what time frame is in the contract.

Motherhen

Motherhen

Red desert dreaming

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AnswerID: 500640

Follow Up By: Member - Peter M (QLD) - Wednesday, Dec 19, 2012 at 07:37

Wednesday, Dec 19, 2012 at 07:37
Free Camping Magazine number 9 September issue of parent magazine . C & M on Tour (Boggabri Drovers Camp Fire)
Yes I do have an email from the Deputy Editor detailing her thoughts on the Article
Thanks for your thoughts
Regards
Peter Millar
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Reply By: Member - John G - Thursday, Dec 20, 2012 at 09:21

Thursday, Dec 20, 2012 at 09:21
G'day Peter

There are probably two scenarios, first, they are running the magazine on a shoestring and surviving month to month in a very competitive market, or second, they are dodgy. Either way, that $400 may be a way off unless you can make face to face contact.

If, as the editor's comments suggest, you put together a good story, then I reckon you'd be better advised investing your energy in aiming at other travel magazine options. At least you can pitch a story to editors and back it up with the record of having an article alerady published.

Good luck with it all.

Cheers
John
AnswerID: 500731

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