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Ross Miller
Ross Miller,
Category: Law
Satisfied Customers: 597
Experience:  Director (Litigation and Mediation) at Hilltop Solutions
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I subscribed for a year last september to a dating website.

Customer Question

I subscribed for a year last september to a dating website. the ts and cs do say it will renew automatically. In the summer i tried to cancel subscription but it tokages and the form said it didn't recognise my credentials , but i could log on with them.so i never cancelled. I then forgot about it and got a reminder in september asking me to renew or be cancelled. i didn't bother as i wanted to cancel anyway. now i've had a very threatening email about debt agencies and credit ratings. renewal was due on 28/9 and email was received on 6th so very quickly referred on, as having changed my card they could not collect the payment. i tried again to cancel subscription but couldn't. I've read the ts and cs again and it says they can auto renew for the same period as previously and there is no rebate if you don't cancel 14 days before the end of the first period. There is no refund during the whole of the period, so basically, although they do offer monthly subs, i am apparently forced to pay for another whole year simply because i paid for a year initially. it seems they consider it to be a rolling contract. The ts and cs say " where this is legal". How do i know if it is legal or not, their head office is in Germany.
JA: Where is this? And just to clarify, when was the purchase made?
Customer: i am in the Uk, the purchase was made online from the uk and their head office is in germany.the initial purchase was made 28/9/18
JA: What steps have you taken so far?
Customer: I have emailed them to say that i tried to cancel but it didn't work. i then went on holiday to columbia for a few weeks and forgot about it. I've emailed them when i got their threats today and the responses was as i've said that the ts and cs say i must say for a whole year until next september at 209 pounds or be sert to debt collection. they suspended my account and ive deleted it which also presents a problem as they have told me i have to log in to settle the " debt". Ive said i would pay for october and whatever the cancellation period would be or for the next month as they offer monthly membership. they have said no its whole year only. i have also said i cant log on anyway and they have not offered a solution to this
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no i think thats it. thanks
Submitted: 7 days ago.
Category: Law
Expert:  Ross Miller replied 7 days ago.

Hello my name is ***** ***** I can help with this matter if you are still looking for help, please note there may be delays between messages as the experts on this website are all third party and are not on here full time. Thank you.

Customer: replied 7 days ago.
Hi yes I am looking for an answer to the question above please that's why I wrote.
Customer: replied 7 days ago.
Sorry I did this because I just wanted a simple answer and it was advertised as free advice then 5 pounds trial .
Expert:  Ross Miller replied 7 days ago.

Yes of course, I am happy to help, as I said, there may be delays as we are only a third party service out with our own jobs/family life we are not full time employees of the site. However let me do you a response just now....

Expert:  Ross Miller replied 7 days ago.

Thanks for the information you ova provided. I understand exactly the type of clause that you are referring to in terms or renewal and this does mean that if you do not cancel then you are due for another year sadly, it is unlikely they will accept that your "forgot to cancel" as a reason to get out of the contract unfortunately. The only possible argument I can see for you would be to say that they sent you an email stating that if you don't renew then it will cancel, you can state that you took this to accept that the contract would be terminated and therefore was legally at an end. However, I would argue it out with them for as long as possible until you get a conclusion one way or another. Hopefully it will go in your favour and I would argue this point profusely. They may also send you a "legal letter" but may well just be from another deprmennt in their head office, this is a standard trick to try and scare people into paying.

I hope this information has helped. You can find a local solicitor who deals with this on the law society webpage which is;

https://solicitors.lawsociety.org.uk/

I would be obliged if you could Click to “accept” the answer and leave me a 5 star rating (this will not cost any extra). This will tell the website that I have responded to your question, you can, of course, continue to ask any follow up questions free of charge.

Kind regards

Ross

Customer: replied 7 days ago.
Thanks I assumed the worst. However this doesn't cover the second part of my query as in what I should do with respect to the issue which is that my account has been closed but to pay and and cancel for an effective date of 9/20 I have to log on to closed account which is not possible.??
Expert:  Ross Miller replied 5 days ago.

 

Sorry for the delay. If they have closed you account then I would refuse to pay. You are being asked to pay to renewer into the contract. However, if they are not providing you with the service then you contractual do not have to pay for it. I personally had a similar issue with my gym as I was paying but could not get in as passcode wasn't working so I stopped payment, they came after me for the remainder of the contract I refused on the basis that they did not uphold their end of the contract (providing the service) and therefore I was not liable to pay. You should take this approach if they have not taken all the money from you.

I hope this information has helped.

 

 

 

I would be obliged if you could Click to “accept” the answer and leave me a 5 star rating (this will not cost any extra). This will tell the website that I have responded to your question, you can, of course, continue to ask any follow up questions free of charge.

 

Kind regards

 

Ross

 

 

Expert:  Ross Miller replied 3 days ago.

I would be obliged if you could Click to “accept” the answer and leave me a 5 star rating (this will not cost any extra). This will tell the website that I have responded to your question, you can, of course, continue to ask any follow up questions free of charge.

 

Kind regards

 

Ross