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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46144
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Ordered Monthly maganize, paid be credit card October 2013

Resolved Question:

Ordered Monthly maganize, paid be credit card October 2013 for annual subscription, received 1 copy December (November issue) + 1 in February (December ssue). Cancelled subscription verbally in January, Februaury in writing. Will not give me names when phoning
for progress. How can I get resolution? Thank you.
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Are you basically waiting for a refund of the full amount you paid?

Customer:

Yes

Ben Jones :

Has the cancellation been confirmew

Ben Jones :

confirmed

Customer:

No

Customer:

I am having diagnostic connnection problems to your site

Ben Jones :

ok but I assume you can see my posts?

Customer:

Yes - I have to leave this station shortly and switch off how can I reconnect with you?

Ben Jones :

Just come back to the question page in the address bar:

http://www.justanswer.com/law/8bthm-ordered-monthly-maganize-paid-credit-card-october-2013.html?src=pql&sso=1

Customer:

Thank you do I have to provide rating now?

Ben Jones :

You can do so once I have responded fully, which I will do shortly

Customer:

Can you confirm the final cost will be £33 for resolution of 5this answer?

Ben Jones :

Yes, it is the deposit you paid at the beginning

Customer:

Thank you very much will resposne be by email?

Ben Jones :

It will be on this page but you will get an email when I have repsonded

Customer:

Thank you very much - will have to leave now - sincere thanks

Ben Jones :

No problem, will speak latrer

Ben Jones :

When you signed up for the magazine you would have entered into a contract with the publisher/distributor where you agree to pay the subscription and they in turn agree to send out the magazine to you. If they have failed to send you the issue that you have paid for then they would be acting in breach of contract and you can seek to cancel the agreement and seek a refund for the fees you paid. If you received a couple of magazines in the meantime they could charge you for these and take it off the total amount owed.


 


You have tried to contact them to cancel and have also written to them so apart from trying to contact them again to ensure all is cancelled you cannot do much in that respect. However, if they refuse to acknowledge the cancellation or issue a refund you do have other options you can use to take the matter further.


 


One is to contact your credit card and raise a dispute with them by quoting section 75 of the Consumer Credit Act which makes them equally liable for any breach of contract and they can cover the costs of the refund if the publisher does not. However, that is only available if the total cost was £100 or more.


 


If you cannot go down that route, you are then looking at taking the matter further through the legal system. It is recommended that the process follows these steps:


 



  1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the debtor to voluntarily pay what is due.

  2. Letter before action – if informal reminders have been sent but these have been ignored, the debtor must be sent a formal letter asking them to repay the debt, or at least make arrangements for its repayment, within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to recover the debt. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.

  3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the debtor and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.


 


Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.

Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks

Customer:

Ben: Thank you very much for your reply which I find to be concise, succint and a route to progress the matter. I have rated your assistance as "Excellent Service" - Sincere thanks, Peter.

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46144
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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