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Ben Jones
Ben Jones, Solicitor
Category: UK Law
Satisfied Customers: 8411
Experience:  Specialist in UK Law with expertise in UK Employment Law
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Dear Expert, I wondered if you could help me please. I

Customer Question

Dear Expert,

I wondered if you could help me please.

I joined a web dating service (for 6 months paid) and in the contract it stated that the contract will be automatically renewed for another 6 months unless the company is informed in advance and I wish to cancel. This was clearly stated on the website terms and conditions (which I did not read). And, as I stopped using the website I completely forgotten it was paid for or even existed.

During the original 6 months of the paid contract my bank account was changed and the debit card from which the original payment was made to the dating site, was cancelled.

It was only when the dating service tried to get money from the cancelled debit card that I was made aware that the contract had automatically renewed.

At this point I asked for my subscription to be cancelled but I was prevented from doing this and I was told I had to make payment for the renewed contract. As I was now barred from using the site I continuously re-directed to a barred site to settle this balance which I was unable to do.

Now my file has been sent to a collection agency and I am unsure what my rights are - if any.

Please can you help.

Thank you so much.
Suz
Submitted: 1 year ago.
Category: UK Law
Expert:  Jenny Mackenzie replied 1 year ago.
Hello and welcome to Just Answer, are you asking if you can avoid paying the fee for the renewal?
Customer: replied 1 year ago.

 


Thanks for replying Expert,



I am asking if the company has the right the auto renew without informing me?


 


What are my right regrading cancellation of the contract? I have been blocked from the site on the basis of payment not obtained by the company and I have written emails and faxes asking for my membership to be cancelled and to date this has not been done.


 


What should I really paying and how much? The company has informed me that they will renew the contract for a further 6 months despite me not wishing to take out a further 6 month contract with them. But as I did not use (or forgot I had joined this website) I was unaware that this contract is up for renewal. I am aware that ignorance is not an excuse.


 


Hopefully you can help me.


 


Thanks,


 


Suzette

Expert:  Jenny Mackenzie replied 1 year ago.
Hello, can you tell me exactly what the contract says about renewal?
Customer: replied 1 year ago.

 


10. The Contract Period


(1) The Contract Period will commence on the date and time the Customer subscribes for Premium Membership Services.


(2) The Contract Period will be such number of whole months as is agreed between Us and the Customer and may typically continue for either 1, 3, 6 or 12 months.


 


14. Termination and suspension of Services


(1) We may immediately terminate the Customer Contract if:


(A) any sum owing to Us from the Customer remains unpaid after the due date for payment;


(B) the Customer uses the Services and/or the Site in an unlawful manner; or


(C) the Customer commits any breach of these Conditions or the Contract.


(2) Where the Contract terminates pursuant to Condition 14(1) above, We will stop providing the Services and block the Customer’s access to the Site.


(3) Such action by Us will not affect the Customer's payment obligations regarding any Premium Membership Services already ordered and all payments due under the Contract Period will become payable immediately.


(4) Upon termination of the Customer Contract as a result of the Customer’s breach of these Conditions, the Customer will be liable to Us for an amount, up to 250 pounds sterling, which reflects a genuine pre-estimate of Our loss in such circumstances.Such liability does not affect any claim which We may also have against the Customer for damages.


(5) The Customer may terminate the initial free Services at any time by clicking on the "delete profile" link found under "settings" on the Site.Alternatively, the Customer may provide written notice of such termination, by following the procedure set out in Conditions 13(2) and 13(4) above.


(6) Other than as detailed in Condition 13 above, the Customer may only terminate Premium Membership Services at the end of the Contract Period.To do so, he or she must serve written notice (for the avoidance of doubt, this does not include email) or a facsimile to Us at the address designated below resp. on the Siteor, where applicable,serve notice to Us using any other format permitted by Us from time to time.In any event, the service of notice must contain the information specified in Condition13(4) above.Where an online termination process is available, termination may also occur by following the relevant link on the Site.Termination must occur at least 14 days prior to the expiry of the respective Contract Period or within any other notice period provided when an application for Premium Membership Services is accepted, otherwise the provisions of Condition 15(1) will apply. The terminationmust be sent to: XXX X.à.r.l. Customer Service / Termination 291, Route d'Arlon L-1150 Luxembourg Luxembourg


Fax:+442077859384


(7) Please note that a subscription for Premium Membership Services cannot be terminated by a Customer deleting his or her profile.Where a Customer receiving Premium Membership Services deletes his or her profile, his or her payment obligations for Premium Membership Services remain unaffected and such Customer will not receive a reimbursement of any payments made. By deleting his or her profile, the Customer solely waives his or her right to continue to benefit from the Services.


(8) We may wholly or partly suspend the Services at any time.We will inform Customers about the nature of any planned suspension as soon as possible and will endeavour to


do so at least 14 days prior to such suspension.Should such suspension continue beyond 3 months, any Customer who has paid for Premium Membership Services, but who has not yet received such Services, will be entitled to receive repayment of any money paid but, in doing so, agrees that the Contract has been terminated.


15. Extension of contract


(1) At the end of each Contract Period, the Contractwill be automatically extended and continue for a period equal to the original Contract Period until the Customer terminates his or her Contract in accordance with Condition 14(6) above.


(2) Condition 15(1) above will not apply to trial subscriptions, sales campaigns and any other similar circumstance (as confirmed by Us).In such cases, the Customer will be informed of the relevant Contract Period, the possibility of termination and any automatic extension of the Contract Period that may apply.


16. Payment


(1) Once the Customer’s application for Premium Membership Services has been accepted and the payment transaction has been completed successfully, the Customer’s payment card will be debited immediately.


(2) An invoice will be processed and dispatched to the Customer as receipt of his or her payment for Premium Membership Services within 30 days of his or her payment being received and cleared.


(3) We recommend that the Customer prints out all transaction data and keeps it in a safe and easily accessible place.


(4) Unless otherwise expressly stated in writing, all prices are inclusive of VAT, which will be charged at the rate prevailing at the relevant tax point.


(5) Where payment is agreed to be made in instalments, any delay or default by the Customer in making payment in respect of one instalment will render all the remaining instalments due immediately, and interest will be charged in accordance with Condition (6), with immediate effect until the date of actual payment.


(6) The rate of interest charged on late payments will be the statutory rate from time to time in force pursuant to the Late Payment of Commercial Debts (Interest) Act 1998.


(7) The Customer will be liable for all, costs incurred by Us resulting from any credit card, debit card or other payment or payment application not being duly met or made at the first attempt and will pay all costs of further applications or representations made for payment.

Expert:  Jenny Mackenzie replied 1 year ago.
were you sent this contract or made aware of it at the time you entered into the contract subscripton?

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