Advice needed on money taken by Fasthosts

[HPilch]

I hope someone can help with this...

2 years ago, my partner susbcribed to a website provider Fasthosts to enable him to set up his own website. He paid from our joint account for a year's subsription. Last year, a payment I didn't recognise went out of our account which I queried with the bank. The bank paid the refund back into our account while it was being investigated. When we received a copy of the agreement stating it was a yearly payment (an agreement my partner had lost), I took it no further as he'd obviously agreed to it & the payment went out again. We did not use the web account as during the first year, his situation had changed & he no longer had his business. When he rang to cancel the account for the third year (a few weeks ago), he was told the account had been closed since September last year (when I queried the payment).
He then wrote to Fasthosts to request a refund for the money that was paid last year for a year's subscription we didn't receive. They didn't respond to his first or second letters & I finally sent a copy by recorded delivery to make sure they received it. They did and still haven't replied although he stated he would 'appreciate a response within 7 days'

Any advice on our next course of action?

[jo5ephedward5]

LBA i guess - then court if no responce...depends how much it was and if its worth fighting for £10 maybe not worth the hassle even thought the principle is there - however if its considerable then go for it.

[blitz]

Being an internet company, I would also sudgest emailing: enquiries@fasthosts.co.uk. Whilst you won't be able to do anything offical this way, email them to ask whats happened to the letters, and they may (if they are a nice company never dealt with them), refund the money if they know they are in fault, or if they won't send a reply telling them to expect court action.

Again not an official route, but this is an online company. You can also try phoning on (0)870 888 3600

[HPilch]

No response to email & still no written response

Here's what I've written for LBA. Anyone got any thoughts? Any help much appreciated...

Fasthosts Customer Support Manager
Discovery House
154 Southgate Street
Gloucester
GL1 2EX

LETTER BEFORE ACTION

Dear Sir/Madam,

ACCOUNT NUMBER: XXXXXX

I am very disappointed that you have failed to respond to my letter of the 27/09/06.

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my web host.

I require repayment in full of this money. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus my costs and without further notice.


Yours faithfully,



XXXXXXXX

enc. Copies of letters dated 30/08/06, 15/09/06, 27/09/06

[HPilch]

Just been reading through Fasthosts terms & conditions and found this:

Fees charged on a prepay basis are non-refundable. Once the initial trial period has expired customers are not entitled to receive a refund unless the service is cancelled by Fasthosts. In addition some accounts incur set-up fees, these charges are also non-refundable.

Any customer withdrawing payments via bank or credit card (a "chargeback") may be subject to a punitive fee of £50, should the company deem this chargeback to be unfair. The company also reserves its right to defend such chargebacks and recover the original monies from the card issuer.

As far as I know, there hasn't been a £50 charge on the account unless the account stands in debit. However, we haven't received any notification of this and when my partner telephoned, they did not ask for it to be paid. So assume it does not apply. However, the service was cancelled by fasthosts when the payment was withdrawn & before it was 'recovered' by fasthosts.

Does anyone know if this will affect my right for a refund? Would it be deemed as unlawful to withdraw the service but still take the money even though fasthosts says it can recover the money in the T&Cs?

Also not sure if I should follow the escalation procedure given by fasthosts before I send LBA or should I just go ahead?

Had no explanation from fasthosts, so not exactly sure what I'm dealing with although on the face of it I think I have a right to the refund as services were not provided. Just not sure of the legal stuff...

[jo5ephedward5]

that may be classed as an unfair contract - you should be entitled to a refund for something if you havent received it!

[Bookworm]

may be subject to a punitive fee of £50, should the company deem this chargeback to be unfair.

Wow... Where do I start? Penalty charge, Unfair terms..... If that is what your issue is, then that would be a doddle.

Can you give us numbers? How much was he charged? Does it look like the subscription fee? You need to give more info here!

Being an internet company, I would also sudgest emailing: enquiries@fasthosts.co.uk. Whilst you won't be able to do anything offical this way, email them to ask whats happened to the letters, and they may (if they are a nice company never dealt with them), refund the money if they know they are in fault, or if they won't send a reply telling them to expect court action.

Again not an official route, but this is an online company.

Not true. Unless specifically mentioned as not acceptable evidence (solicitors e-mails said that to me the other day) , e-mails can and are accepted as a valid form of cmmunications and can be produced in court.

[HPilch]

Hi,
was charged £82.24. Looks like subscription charge.
Still nothing by email though & don't know if he's been charged the £50 but would guess not as they've said nothing.

Many thanks for your help

[robert_harper_2000]

I have been with Fasthosts a while but had an usual transaction on my card and so contact my Bank. Card was re-issued, any subscirptions needed obviously to be rearranged.

I tried through their website and thought I had given new details, but payment wasn't taken. I contacted them by phone and tried to pay the invoice I was told there was no outstanding amounts.... I contacted them once I came back from holiday once I realised I had been charged a fee! £47! My subscription is only £4 a month... I was quite upset and contacted them. They have refused and will not take any notice.

Hardly good customer service - they said when I called they had got confused with another account I had or something, but I owe what I owe and they have taken it.

I do not remember these payments being in the terms but are they lawful?? Is there anything I can argue??

I will leave there company anyway as I will not put up with this - as I wouldn't with my bank!

[HPilch]

LBA sent recorded 21/10

[buzby]

Interesting that they actually call a spade a spade..... imagine actually telling customers that a charge is 'punitive' - that would make it an unfair contract in its own right!

[Acerfan]

Any news?

[HPilch]

LBA expired 6/11 but according to Royal Mail website hadn't been received. Checked over the phone & found it was delivered on 25/11 & royal mail sent me proof of delivery + signature. So their time's up. Just wondering about whether to take them to court or not...

[buzby]

I do think they've been seriously delinquent in this - however I know that Royal Mail can be good, but as it's only 18/11.... how come they delivered it on 25/11 - clairvoyance?

[HPilch]

Sorry, meant to say 25/10 - that's what happens when your up till 2am trying to kick some banking Ass!!!

[buzby]

Oh good, no danger of them complaining then! Even assuming they choose to defend the action, their track record which you explained would not be accerpted by any courts as being 'reasonable'. Good luck with the action!

[JonCris]

Spoke to a tech friend today mentioned fasthosts. Then decided to look elsewhere for a host.