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Consumer rights about automatic subscription renewal- Sh*t I have been charged another £100 odd squid

(13 Posts)
schwotz Thu 02-Oct-08 13:02:27

I joined a image download site for a month. They have automatically renewed and charged me for another month. In the T&C's which I must have skimmed over, but now have done a word search (about 1000 words) it says...

XXX WILL USE REASONABLE EFFORTS TO SEND A REMINDER PRIOR TO THE END OF SUBSCRIBER’S CURRENT SUBSCRIPTION PERIOD TO THE E-MAIL ADDRESS SUBSCRIBER PROVIDED IN CONNECTION WITH SUBSCRIBER’S REGISTRATION ON THE XXX SITE.

XXX WILL AUTOMATICALLY CHARGE SUBSCRIBER’S ACCOUNT FOR RENEWAL OF SUBSCRIBER’S SUBSCRIPTION AT THE APPLICABLE SUBSCRIPTION RATE UNLESS SUBSCRIBER CANCELS SUBSCRIBER’S SUBSCRIPTION AT LEAST FIFTEEN (15) DAYS BEFORE THE APPLICABLE SUBSCRIPTION RENEWAL DATE BY CONTACTING XXX SUPPORT AT SUBSCRIPTION_UK [ at ]XXX.COM.

I DID NOT get a reminder, in either my message inbox on the site or to the email address I subscribed to.

Help, I am sure they can't do this?

newforold Thu 02-Oct-08 13:09:35

They can do this because regardless of the reminder, they clearly state in their tandc's that you have to give 15 days notice.
(sorry)

So, even if they didn't send a reminder, you still signed up to their terms and conditions which included the notice period.

schwotz Thu 02-Oct-08 13:11:02

What about the fact that they have kept my card details? I did not give them permission to use my card again.

Onlyaphase Thu 02-Oct-08 13:12:25

I think you may be stuck with this - they don't have to remind you, only use reasonable efforts.... and you will have problems proving they didn't use reasonable effort (ie sent group email out, some of which didn't make it to recipient). The big problem you have though, is that it looks as though you have to cancel at least 15 days prior to your subscription running out, and there isn't any wording saying when the site has to send you a reminder. So, they don't have to remind you in time to cancel that month if you see what I mean. Hard to rely on a reminder which they don't have to send it time

You could try phoning and begging for a refund, and saying you didn't get the reminder, which might hopefully work. Think this is your best bet.

Onlyaphase Thu 02-Oct-08 13:13:36

As to using your card details again, they do say they will automatically charge you for renewal.

schwotz Thu 02-Oct-08 13:58:40

I think I'll start some form of subscription site. What a scam.

The card issuer can't do anything except give me a fax number to request a charge back, once the amount has been taken. And he didn't sound to optimistic that I would get it back.

SoupDragon Thu 02-Oct-08 14:01:54

Tell them you cancelled your subscription on <<insert date>>.

schwotz Thu 02-Oct-08 14:11:07

SD - I have just done that.

I will ring then soon.

They must have mislaid my email. Maybe like the reminder one they were going to send me. hmm

I have a new website idea - join for £10.00 for 30 days subscription - for discounted product codes (which I will google and add to my site) "Fantastic sAVINGS - our regular customers save over £300 a year on purchases with these codes (or some rubbish marketing bull like that).

Then I will automatically keep charging your card each month until you tell me otherwise. if you don't notice tuff turltes!

I think I am on to a winner wink

SoupDragon Thu 02-Oct-08 14:12:09

I think you need to work on your style of writing...

schwotz Thu 02-Oct-08 14:13:16

grin

Simplysally Thu 02-Oct-08 14:20:49

Ask your bank for a new card number as well. That'll definitely stop any more payments (but notify anyone else who has auto payments authorised on your card).

My brother did this to stop an internet dating site from taking the subs after his trial period was up.

bumposaurus Fri 03-Oct-08 09:44:10

The AA did something similar to me although they said that they had contacted me by post to remind me of the automatic renewal. I pointed out to them that since their system allowed them to take money from me on the basis of information they claimed to have sent, I would have assumed that their letter was sent registered or recorded (i.e what "reasonable efforts" did they make?). It took two phone calls and a stinky letter from me, but I did get all of my money back, so I would say it is definitely worth a try.

schwotz Fri 03-Oct-08 16:36:58

Well, I did follow it up and they said they would refund the card and sorry that they had not got my email! But I expect they still may take the amount first and then refund it. I will have to see and keep an eye on my card account details.

Fingers crossed. I have just put a reminder on my laptop to "ping" at me in a weeks time to check it.

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