How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

I have a dispute concerning an automatic charge to my credit

Resolved Question:

I have a dispute concerning an automatic charge to my credit card by Love Home Swap, which is a home exchange website. At the end of September 2014 I subscribed to a two week free trial on the home exchange website. After the two weeks trial period I notified the site that I did not wish to become a member. I subsequently received a telephone call and was persuaded to try a year at a subscription fee of $276 USD. (I do not recall being told that I would be billed in USD)At the beginning of November 2015, I received my credit card statement and noticed that the site had charged me $408.00 USD which incurred an additional foreign exchange fee of £7.29.I challenged the website about this charge and asked for a refund as I did not wish to renew. Their response was to quote “You were emailed the terms and conditions when you joined the site and then again on your last renewal, and both of these emails would have stated your renewal date each year. The terms and conditions outline our cancellation policy and the steps that you need to take in order to cancel without being charged. You did not follow these steps and unfortunately still did not get in touch with us during the 14 day grace period following the charge.”I checked my email history and can confirm that I never received an email when I joined, (I joined by telephone not on line and no details of the T&C were given to me) I never received a reminder email and I was not aware that I had to give notice to avoid an automatic renewal. Nor have I been notified of a price increase from $276 to $408.The site refuses to cancel my subscription and will not make a refund. I have made one exchange which was agreed in September 2014, prior to the expiration of the first year’s membership, although the exchange took place December 2015. I have not received any further communication regarding my request since 23 November 2015. I am now considering a claim using the small claims procedures. Do think that I am likely to be successful?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Where are they based? Have you spoken to your credit card company yet please?
Customer: replied 1 year ago.
The company is registered in the UK CRO(###) ###-#### ***** have not approached the credit card company.
Expert:  Ash replied 1 year ago.
Ok. You should dispute it with the card company as they are jointly liable under S.75 of the Consumer Credit Act 1974. This applies to credit cards only and not debit cards.
You need to write to the UK company and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk  or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Regulation 5 of the Unfair terms in consumer contract regulations 1999 states:
Unfair Terms
5.—(1) A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer.
(2) A term shall always be regarded as not having been individually negotiated where it has been drafted in advance and the consumer has therefore not been able to influence the substance of the term.
So you could also argue its unfair.
Can I clarify anything for you about this today please?
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
That is brilliant, thank you. I will contact the credit card company, and also give notice to the home exchange company

Related Law Questions