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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69369
Experience:  Over 5 years in practice
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In early Jan i bought 2 trial products for £4.99 each however

Customer Question

In early Jan i bought 2 trial products for £4.99 each however there was a 14day clause which i did not see to buy more of these products at full price ie.£184 this has since been taken out of my account. Is this legal?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

Are you within the 14 days?

Is there any reason you think it may not be legal please? I understand you don't want to pay this sum but you seem to accept its in the small print?
Customer: replied 2 years ago.

Hi Jo


I paid the initial £4.99 x2 on the 3rd of Jan and the £184 went out on 17th of Jan i have appealed to their conscience to return the money to my a/c but as yet i have heard nothing

Expert:  Jo C. replied 2 years ago.
I presume this was taken directly from your account?

And you didn't cancel within 14 days?
Customer: replied 2 years ago.

this was take directly from my a/c and i didn't cancel because i didn't know i had to

Expert:  Jo C. replied 2 years ago.
Thanks for the information and the time.

I am sorry but I cannot give you good news then. I’m afraid you are in difficulty here.

Come what may, this was in the small print as you seem to accept. You could try arguing that its an unfair term and so void under UCTA but since they are based abroad it is useless as you would have to go into court to claim it back. Its not cost effective to sue abroad.

If you had paid by visa you would have identical rights against your credit card company under CCA S75 but that did not happen here.

Unfortunately you did not cancel within the cooling off period. I know that nobody reads the small print of contracts but if you sign a contract then in law you are taken to be aware of and consent to all of its terms.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

Jo

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