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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3843
Experience:  Solicitors 2 years plus PQE
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i cancelled a dating site and now a german company is sending

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i cancelled a dating site and now a german company is sending letters saying a owe hundreds of pounds because i did not cancl by writing can they take me to court for this money

Thank you for your question and welcome.

My name is XXXXX XXXXX I will assist you.

When you signed up to the dating site did it say you had to cancel in writing?

Do the terms and conditions say they can charge you a termination fee?

What are the hundreds of pounds in respect of?

Kind regards

Customer: replied 3 years ago.

yes it does say cancel in writing ,i used the site for two weeks and cancelled it through paypal the sum is now two hundres and fifteen euro,when i read the policy this morning it says fees may be added yes


Thank you.

Technically you signed up to the terms and conditions so they are applicable. However the cancellation fees may be avoidable on the basis that they represent a penalty and therefore unenforceable on public policy grounds.

What I suggest you do is write to them detailing the following:
1. Say you have validly terminated your membership and deny liability but for the avoidance of doubt this email confirms your termination;
2. Say that on its construction the fees are a penalty and therefore unenforceable in the UK;
3. Say that if they continue to chase you, you reserve the right to report the matter to trading standards -‎
4. I would also say to them that if they continue to chase you, you will deem it unlawful harassment under S,.40 of the Administration of Justice Act 1970 and reserve the right to report them to the police.

If they insist on taking you to court then you will have to either defend the proceedings or try and settle with them. Ultimately if someone starts court proceedings it is entirely their prerogative regardless of the merits of the claim.

I look forward to hearing from you.

Kind regards

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