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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69775
Experience:  Over 5 years in practice
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I am a pensioner of 67 yrs of age, divorced and live alone,

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I am a pensioner of 67 yrs of age, divorced and live alone, some months ago i joined elite singles dating site after several emails from them, i paid the initial payment for the site via PayPal, but within a week or so the service did not live up to its name and emailed than cancelling my interest with no avail. Over time i forgot about them and put it down to experience.
Following this event my bank card were replaced and it was only then that i got an email from ************ asking for further payment as they could not automatically collect it via PayPal as my cards had been replaced, equally i did not know they were going too,I emailed them saying the site did not live up to expectations and that i had cancelled.
i have no evidence as it was all done elcectronically and i saw no need to , as generally dating sites are for a month and when they can’t get monies they close your account and you cannot read any responses until you renew your subscription…
however there is no fool like an old fuel, and this german company have sent me a direct letter via debt collector for €180.54, having been on the site i enclose EliteSingles electronic version of payment and cancellation, i admit i did not read these at the time, and my question is do i have to pay ?
i can also send a copy of the debt collector letter received yesterday from a german company called ************** which i received yesterday .
Regards ***** ***** ******
———————————————————————
********** Terms of payment and cancellation i took of the site today ...
3. Terms of Payment
The following payment methods are accepted: credit card or payment via PayPal.
The invoice amount for the chosen timeframe is paid to *********** without any deductions, whether the payment is made in one lump sum payment, or via the monthly instalment plan.
If the customer purchased their subscription via the monthly instalment plan, the customer will be required to settle the outstanding amount, and the remaining subscription fee in full, if two consecutive payments are not successful.
With the completion of the paid membership duration (the reaching of the end date of a paid subscription) and the disclosure of payment details, the customer grants EliteSingles permission to process payment.
5. Cancellation, Automatic Renewal, Termination
The cancellation of the free membership (deleting the profile) is possible at any time. To do this click on the "Member Account" tab under "My Membership."
Every contract for the paid membership is automatically extended at the end of the contractually agreed period for the same duration as agreed for the original subscription if the customer does not give notice to cancel his/her contract at least 7 days before the expiry of the agreed term.
The termination of the paid membership is only effective if the notice of termination or cancellation has been made in writing (e.g. letter, fax or email).
For the written notice we ask you to specify your EliteSingles email address or your security code, so that we can uniquely authenticate your claim and protect against possible abuse. The written notice should be sent to:
Affinitas GmbH
- Customer Care -
Kohlfurter ****** 41/43
10999 Berlin
Fax: +49 ** *** *** * **
Email: cancellation@************.co.uk
After termination of the paid membership, the status of the customer is automatically changed to free membership with the resulting limited scope of use.
Both parties retain the right to terminate paid and unpaid membership if an Event Outside Our Control takes place. An Event Outside Our Control means any act or event beyond our reasonable control, [including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks]. EliteSingles will not be liable for any failure to perform or delay in performance of, any of its obligations under these Terms and Conditions that is caused by an Event Outside Our Control.
Once ********** has begun to provide the services, either party may terminate the contract with immediate effect by giving written notice to the other party (in the manner specified in paragraph 3 above where the customer is the terminating party) if the contract is broken in a material way and the offending party does not fix or correct the situation within 14 days of the innocent party asking the offending party to fix or correct the situation in writing.
The right of termination provided for in this section 5 is in addition to that provided for under the Cancellation Policy set out at the end of these Terms and Conditions
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
How can I help with this please?
Customer: replied 1 year ago.
have you read my question if so do i have to pay the debt collectors
Expert:  Jo C. replied 1 year ago.
I've read your post above but it doesn't contain a question?
This company is based abroad I believe?
Customer: replied 1 year ago.
sorry i did not know how it would appear to you
the question is ;Do i have to pay the debt collectors from germany ?
they are based in Germanyi Have re written to make sure we are on the same page
I am a pensioner of 67 yrs of age, divorced and live alone, some months ago i joined elite singles dating site after several emails from them, i paid the initial payment for the site via PayPal, but within a week or so the service did not live up to its name and emailed than cancelling my interest with no avail. Over time i forgot about them and put it down to experience.
Following this event my bank card were replaced and it was only then that i got an email from EliteSingles asking for further payment as they could not automatically collect it via PayPal as my cards had been replaced, equally i did not know they were going too,I emailed them saying the site did not live up to expectations and that i had cancelled.
i have no evidence as it was all done elcectronically and i saw no need to , as generally dating sites are for a month and when they can’t get monies they close your account and you cannot read any responses until you renew your subscription…
however there is no fool like an old fuel, and this german company have sent me a direct letter via debt collector for €180.54, having been on the site i enclose EliteSingles electronic version of payment and cancellation, i admit i did not read these at the time, and my question is do i have to pay ?
i can also send a copy of the debt collector letter received yesterday from a german company called TESCHINKASSO which i received yesterday .
Regards ***** ***** Davies
Customer: replied 1 year ago.
did my reply help?
Customer: replied 1 year ago.
i am unsure what to no, do i wait until i get an email with the answer, is someone still reviewing my question?
Expert:  Jo C. replied 1 year ago.
Hi. I didn't get it but I have now. What I need to know is whether they are based abroad?
Customer: replied 1 year ago.
they are based in germany
Expert:  Jo C. replied 1 year ago.
Good.
Do Paypal have your new card details?
Customer: replied 1 year ago.
yes they do
Expert:  Jo C. replied 1 year ago.
They should not pay this using the new card unless you give authority.
The reality of this situation is that it doesn't matter how much the debt collectors chase. They only have authority to write or phone occasionally and you can just ignore them. I would never advise dealing with debt collectors. They have no authority of any kind. They are really just lawful harassers.
The question here is whether or not the company will sue you and the reality is that they will not. From Germany or Luxembourg it is hard to do and not really cost effective.
Whether or not you are liable in legal theory depends on the contract but you do seem to accept not cancelling and so probably it has rolled over. Those dating sites do tend to use that form of contract. That is the theory but they are very unlikely to sue you for the money in the UK.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
thank you i am sure i did send them a cancellation but have no proof it was all via email ... i just didn't read the rems and conditions ...lesson learned anyway i wont be doing it again ... i am reluctant to pay for what i never used so will let them sue fingers crossed
.
thank you for the reply
regards
Expert:  Jo C. replied 1 year ago.
If you sent it via email then it will be your outbox somwhere. It might take some work to find it but it will exist.
It is not likely to come to that anyway.
Jo C., Barrister
Category: Law
Satisfied Customers: 69775
Experience: Over 5 years in practice
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