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Ed Turner
Ed Turner,
Category: Law
Satisfied Customers: 1731
Experience:  Director and Consultant Solicitor (Self-Employed) at Ed Turner LLB Limited
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I have a problem with a scam dating site. I made an account,

Customer Question

I have a problem with a scam dating site. I made an account, i paid something like 7 £ montly subscription with my paypall account. The next month they charged me 38£ , i was not able to cancel the subscription so i cancel the future payment from the paypal account.
JA: Where are you? It matters because laws vary by location.
Customer: Uk
JA: What steps have you taken so far?
Customer: And after a month i received a letter that i have to pay 80.99 and after a week another one with 150£
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: The company that i have to pay it's called interdate S.A
Submitted: 15 days ago.
Category: Law
Customer: replied 15 days ago.
File attached (54LMGPM)
Customer: replied 15 days ago.
I looked it up online and there are a lot of people with the same problem. It's no way to close the account and they keep charging you.
Expert:  Ed Turner replied 15 days ago.

Hello.   I am Ed, a Solicitor qualified in England & Wales with over a decade’s experience in the legal profession advising clients.

I specialise in Commercial Contracts, Business Transactions, Employment, Dispute Resolution, Personal Injury and Road Traffic Law and shall be reviewing your legal problem today.

Regarding the site’s automatic offer of a Premium Service Phone Call, I shall be delighted to talk with you by phone to discuss your issue in greater detail if you accept the offer.

However, if you do not want a phone call, please cancel the offer for a Premium Service Phone Call and you will not be charged extra.

Customer: replied 15 days ago.
How i cancel it?
Expert:  Ed Turner replied 15 days ago.

You must deny the claim on the basis that the supplier is in breach of contract and/or in breach of the sale and supply of goods and services legislation as they have failed to provide the goods and services contract for and described at the point of sale.   In your case, the supplier charged you amounts which were not agreed at the point of sale and it is arguable that they are in breach of contract.    Therefore, the failure is on the part of the supplier, and you are not liable for the amount claimed.

If the supplier claims the monies as a debt, you must deny the debt and state the monies claimed are a disputed damages claim.   The supplier will have to issue contested Part 7 Court Proceedings for damages for debt and/or breach of contract plus interest and legal costs as opposed to following the undisputed debt recovery route of serving you with a Statutory Demand for repayment in the debt in full within 21 days prior to filing a court petition for your Bankruptcy.

Thereafter, you are in a bit of a tricky spot.   If you refuse to pay up, the supplier may pursue you for damages through the Civil County Courts.   However, the onus will be on the Claimant to enforce their legal rights against you.   Whether or not they take any action is up to them.   I cannot advise you directly upon whether the Claimant will in fact take any recovery action against you as I do not know what is in their minds.

In addition, the amount claimed of £80.00 is comfortably within the Small Claims Track threshold of £10,000 damages.    Even if the Claimant issues Court Proceedings against you for this amount, plus interest, and wins at a fully contested Trial, they are unlikely to be awarded their legal adviser’s costs of the Claim.   Legal advisers’ costs are generally not recoverable in the Small Claims Court: only Court fees for issuing the Claim and for the Final Hearing.

Nevertheless, the Claimant may be well-versed in such low-value recovery action against defaulting customers or may be able to instruct legal advisers for a low fixed fee to litigate the entire Court Proceedings on its behalf making it economic to claim against you.

I suggest negotiating a discontinuance of the contract on mutually agreeable terms with the Claimant.

Expert:  Ed Turner replied 15 days ago.

I hope this resolves your enquiry.   Please revert to me if you require any clarification of my answer to your question and I shall be delighted to assist.

Kind regards

LawyerEd