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Jamie-Law
Jamie-Law, Solicitor
Category: Law
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Experience:  Solicitor
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I have a question about a service that I purchased online. I

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Hi, I have a question about a service that I purchased online. I would like to find out whether they are in breach of contract/service etc. and what I can do about it.
JA: Where are you? It matters because laws vary by location.
Customer: I am in the UK but the company is registered in Illinois, USA.
JA: What steps have you taken so far?
Customer: I have contacted the company by email 3 times but they are not prepared to resolve the issue.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: The company is an LLC and only has 4 employees so since the complaint was made directly to them, I don't know where else to turn to.

Hello my name is ***** ***** I will help you. I am just reviewing your question. This is an email service so there may be delays when responding.

Can you please explain your situation a little more?

Customer: replied 1 month ago.
Hi, in April 2018 I purchased an online parenting course from an LLC in America. It was a one-time payment and the course lasted for 90 days. All materials were provided online and included videos, recordings of online zoom calls between the course leader and the participants, transcripts and downloadable course material. One of the things that the company kept stating was that all the materials were available forever on the course dashboard. Once the course finished, the company offered ongoing online support, which included more written materials, monthly guest speakers, monthly topics, monthly Q&A sessions, for a monthly fee. I signed up to this ongoing support and having paying this monthly fee since August 2018. In April 2020 I decided that I couldn't afford to continue paying this monthly fee and so asked to cancel my payments as from 1st May 2020. Having been previously told I had lifetime access to all materials on the the online dashboard and having never received any Terms or Conditions for this monthly service, I assumed I would have continued access to the materials that I had paid for once my monthly payments stopped. The company happily cancelled my payments, however when I logged back onto my dashboard a couple of weeks later, all the materials had disappeared. I emailed the company asking for them to reinstate the materials but they replied saying that as I was no longer paying the monthly fee, I was no longer entitled to the materials. I replied saying that I was never informed of this condition and could they possibly let me have access to the materials so that I could download them all (which I would have done before I cancelled my payments, HAD I known that I would no longer have access to them). They replied again, stating that it was not possible to have access to the materials if I was no longer paying the monthly fee. I then offered to pay the monthly fee for an additional month, to enable me to download the materials I had previously paid for. They wrote back saying that they were not currently open to 'new' members and that I couldn't enroll on the support programme right now. I would like to know if they are at fault for not letting me have access to the materials, since I was never made aware of any 'conditions' to the support programme, and that the only condition I was aware of was the statement that they had made repeatedly, that all materials were available for lifetime access?

Are you based in the UK?
Did you pay the US Co by credit card?

Customer: replied 1 month ago.
I'm based in the UK and I paid the US company by credit card - the payment was in dollars, converted.

Charge it back. Speak to your credit card co.

They are jointly liable under S.75 of the Consumer Credit act 1974

That is the best thing to do.

They are liable for any breach by the merchant.

That should resolve it for you.

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer, by clicking the button at the top of the screen. I am not paid for my time unless you rate.

If you need anything further I am available for a follow up at no extra cost.

Customer: replied 1 month ago.
I paid 21 months of $29.99 = $629.79. So you are saying I can ask my Credit card company to reclaim the whole of that amount from the US company?
Customer: replied 1 month ago.
Also, what is the merchant in breach of, exactly?

Correct.

They didnt tell you that you would not have access.

Breach of the Consumer Rights Act 2015

Does that assist?

Customer: replied 1 month ago.
the Credit card company can reclaim the full amount under S.75 of the Consumer Credit act 1974. The merchant is in breach of the Consumer Rights Act 2015 because they didn't tell me that I would not have access. Are these UK laws, USA laws or international laws?

UK laws.

Does that clarify?

Customer: replied 1 month ago.
But if they are only UK laws how do you know that the Credit Card company will be successful in reclaiming the monies? Surely the USA company will say that UK law doesn't apply to them?

The UK card issuer will charge it back.

They just reverse it.
Does that clarify?

Customer: replied 1 month ago.
Ok, even if it was multiple payments over 2 years?

Yes, you have 6 years to bring a claim under the Limitation Act 1980

Does that help?

Customer: replied 1 month ago.
Ok, sorry for asking lots of questions - the LLC is a very small company and have proved to be very slippery and seem to make up statements to suit themselves. I know they will claim anything they can to get out of honouring their agreement.
Customer: replied 1 month ago.
Do I need to tell the LLC what I am doing, or do I just go through the Credit Card company?

Just go through credit card co

Does that assist?

Customer: replied 1 month ago.
That's really helpful - thank you very much for your time.

All the best. If I could invite you to rate me 5 stars before you go today by clicking the button at the top of the screen, so the site credits me for the time spent. I am only paid when you rate. if you need further help please click reply. Thanks in advance.

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