Cancelling subscription

[Cancellingadvice]

Hi

If a monthly subscription has to be cancelled by 23rd of the month, would this normally be working hours on 23rd or by midnight on 23rd?

Direct quote from website is “ If you then wish to cancel, you need to let us know in writing by the 23rd of the month. If you miss this cut-off you will be required to pay the following month’s membership.”.

Email was sent about 11.30pm on 23rd to cancel but company aren’t accepting as they didn’t process until the next day

Thanks

No idea on the legal side but, realistically, how could they cancel it if there wasn’t anyone in the office to process it? It makes sense to me that instructions would need to be received during normal working hours.

By the 23rd would mean on the 22nd wouldn't it?

I think it means midnight (when 22nd turns to 23rd) but that's an opinion and not a legal definition.

I would say it was midnight on the 23rd so had to be cancelled on the 22nd.

Email response made clear that they see cut off as working hours on 23rd rather than midnight 22nd

@Youdontknowwhatyoureonabout

No idea on the legal side but, realistically, how could they cancel it if there wasn’t anyone in the office to process it? It makes sense to me that instructions would need to be received during normal working hours.

Surely they should think about that and set deadline accordingly. What if someone sent cancellation on 23rd but their systems were down or they were too busy? Surely they have some give where they can still process it the next morning

I would interpret it as by midnight on 22nd before it changes to the 23rd. It's by the 23rd not up to and including 23rd.

The wording suggests “before the 23rd” means you need to send the cancellation email before the close of business on the 23rd.

I doubt many companies would accept an cancellation as being within the cancellation window if sent at 11.30pm.

You need to pay for the extra month.

I would certainly expect it to within working hours on 23rd and not nearly midnight. Whether it's important they processed it or not would depend on the service provided.

Surely they should think about that and set deadline accordingly. What if someone sent cancellation on 23rd but their systems were down or they were too busy? Surely they have some give where they can still process it the next morning

The “give” is the day of the 23rd.
It’s clear in the T&c’s that it needs to be canceled “before” the 23rd, meaning by the 22nd.

By the 23rd means before the 23rd.

I’d say by 11:59pm on the 22nd.

Looks like I’m paying for another month then...

Sorry, I agree. I would say technically 22nd by 23:59. If they're generous, 23rd by 5pm.

I think the same as you OP. I'd say the latest you could cancel would be 11:59 on the 23rd.
However, I'm not legally trained. I don't know which posters are? I'm not sure if trust random answers on Mumsnet tbh.

@Cancellingadvice

Email response made clear that they see cut off as working hours on 23rd rather than midnight 22nd

That seems a reasonable interpretation. I don't think you've got much of a case to rely on an almost last minute of the day message unfortunately.

Legally by means before for this purpose so one minute to mid night on 22nd.

However consumer law requires companies to be fair so you might be able to cause enough trouble that they back down. I usually do things 2 days before because of this sort of issue. I remember a client who filed a UK legal document in US hours so was 5 hours late as he/she did it on the precise day. That is always too risky just in case there is a major issue.

* I would interpret it as by midnight on 22nd before it changes to the 23rd. It's by the 23rd not up to and including 23rd.*

^I agree. By midnight