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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70013
Experience:  Over 5 years in practice
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Question about contracts. I signed up to a 3 day trial on a

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Question about contracts. I signed up to a 3 day trial on a web site. Where by they stated they would take monthly payments at full rate there after unless I cancelled. They say there policy to cancel is via a telephone number. However there is email access to them. I was unable to call them as it was the holiday period and no one answered. I wrote a email cancelling the subscription. They have since taken two payments totaling £80 all bar 10p. Each time I have emailed telling them the payment taken is un-authorised. They refuse to accept these messages as cancellation and will continue to Bill. I have since rung them and told them the payment are not authorised and they will not refund as I did not call to do so. But they do acknowledge receipt of my messages.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.

Jo C. :

Hi. Thank you for your question. My name is XXXXX XXXXX I will try to help with this. How did they take payment?


Thanks.. Paypal


How can I rate something you have not answered yet. Happy to rate when we are complete.

Expert:  Jo C. replied 3 years ago.

I have converted this to Q and A for you as I couldn't view your responses. I am onto this now.
Customer: replied 3 years ago.

Thank You

Expert:  Jo C. replied 3 years ago.
What was the trial for?

Have the future payments now been cancelled?

Have you filed a dispute with PayPal?

What is the outcome of that?

Does it say in their terms and conditions that you agreed to that cancellation must be done by telephone?

Where is the company, based?

Do you have the actual address
Customer: replied 3 years ago.

Dating site.. didn't like the content. Not one you show your mother or me.

paypal not used, debt card.

yes by telephone. However I believe writing is always advised as there is a record where as a telephone conversation has no record. my word against theirs.

based in UK

Expert:  Jo C. replied 3 years ago.

Sorry for the delay. I was travelling back.

Thank you.

The tactic of insisting that people cancel by telephone and not in writing or by email is not at all unusual. Usually, they make it virtually impossible to get through on the telephone or even find the telephone number on the website.

Clearly they are not going to refund you unless you do something positive.

I would telephone or email them to tell them that unless they refund you in full within the next 48 hours you have been advised to issue small claims court proceedings against them without further notice.

I would give them 48 hours to refund you, and if the money is not your account, then issue small claims court proceedings on the basis that you cancelled the contract within the period.

If they decide that they want to defend the matter, they will have to raise the issue of the fact that you did not comply with the terms and conditions although I think, that the judge would not accept that was reasonable.

Companies like this will rarely go to court because it is just plain not worth the manpower. It is likely to would settle to avoid going to court.

Even if they won and used solicitors, they will not get their solicitor’s costs back.

Here is the link to the small claims court for you

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

Customer: replied 3 years ago.

I have already used that tactic.. I have to write to them, they say they will not accept a email.. which I am cool with.

You have confirmed the suspected route I must take. I believe even in writing the 48 hrs starts from when I date and post the letter.

Can I also claim for the expenses such as having to take your legal advice?

Expert:  Jo C. replied 3 years ago.
You can claim solicitors fixed costs of £50, although that should be with a firm of solicitors, not a website, but there is no harm in putting it in as a separate item.

The worst that can happen is that they do not pay it or if it does get to court the judge disallows it.
Jo C., Barrister
Category: Law
Satisfied Customers: 70013
Experience: Over 5 years in practice
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