legal or not? (longish)

[chillie]

I have a subscription to a website. In 2015 my brother paid it as a present for me. In sept 2016 it automatically renewed using his credit card again. I was not happy it had renewed with no reminder/warning but nothing I could do. I then removed his card details from my account but the website only let me do this when I put my card details in. I deliberately put in a card of mine that I knew would expire in Dec 2016 so that no automatic renewal could happen. In Dec 2016 the website asked me to update my card as it was about to expire. I didn't. In Sept 2017 the website renewed my subscription automatically using my brothers card details which I had deleted from my account. The website says very clearly that they do not keep card details online. My brother did not tell me until yesterday that the subscription had renewed.
I have emailed the owner of the website but she has said no refunds and that I had not cancelled my subscription as I had not pressed the 'cancel subscription' button. She is right, I had not pressed the button, I did not see it as you have to scroll down.
However I think that deleting one card and not updating another card would be a clear indication that I did not want to re subscribe. she is claiming that she has no access to card details and that 'sage' did it all. She is refusing to refund me and has said I have insulted her. WIBU to report her to trading standards. I don't think passing the buck about why a card I deleted in 2016 can still be charged in 2017 is acceptable?

Is it possible that your brother has a continuous authority (or whatever it is called) to take the subscription from his credit card? In which case it can only be cancelled by the website company I think which is probably why they said you didn't click the button.

I don't think that not updating a credit card would count as not wanting to continue the subscription, unfortunately!

I would and I would also name and shame her website to warn others. Really hate situations like this. I was with Sky for 13 years and rang them to cancel as we were moving and we were going with Virgin as the broadband was better. Gave a months notice. Next month took another payment and was told I didn't stay on the line long enough to cancel so I said you're recording this and I want to cancel and I am cancelling DD. They wanted to put me through to someone else I said no Just cancel it. Months later they were still chasing me for money. Went to ombudsman as the had the calls and ruled in my favour - another 2 years they were still chasing me and in same breath offering me offers to join sky- scum x

Can he not do a chargeback via bank? If card details were deleted surely he can dispute giving authority.

What's the website?

Thank you to those who have replied, sorry I don't know how to tag you.

to Cotswoldstrife - she didn't use the expired card, she used the deleted card. What would be the point of the website allowing you to delete a card if it's not actually deleted especially when it clearly says no card details are stored online, I think most people would assume that meant not off line either.

to herehold- the transaction was in sept 2017 and in America so I don't know if its still possible. I have told my brother of course.

to pottery and rainon - I will but am holding off until morning in the hope that she will sleep on it and see sense.

Thank you for replying, really appreciate it!

So, they’ve kept your brothers card details for over a year? I have no idea if it’s legal, but I did once work in customer service for a year, taking card details over the phone. Once they were entered we didn’t have access to the details and if there was a problem we couldn’t process the payment without taking the card details again, same applies if the order took more than 28 days. I’d definitely do a bit of research as it seems off to keep card details for over a year when payments aren’t being taken from that card.

I meant that it's a continuous - annual in this case - payment, not a one-off which is why the credit card keeps being billed. Your brother needs to speak to his card company really because they can probably do more. Is your brother in the UK or the US? If your brother set it up as an ongoing payment (some companies do this from credit or debit cards) he'll need to stop it with his card company.

www.citizensadvice.org.uk/debt-and-money/banking/stopping-a-future-payment-on-your-debit-or-credit-card/