Jump to content


  • Tweets

  • Posts

    • I googled "prescribed disability" to see where it is defined for the purposes of S.92. I found HMRC's definition, which included deafness. I don't  think anyone is saying deaf people cant drive, though! digging deeper,  Is it that “prescribed disability” (for the purposes of S.88 and S.92) is defined at: The Motor Vehicles (Driving Licences) Regulations 1999 WWW.LEGISLATION.GOV.UK These Regulations consolidate with amendments the Motor Vehicles (Driving Licences) Regulations 1996...   ….. and sleep apnoea / increased daytime sleepiness is NOT included there directly as a condition but only becomes prescribed under “liability to sudden attacks of disabling giddiness or fainting” (but falling asleep isn't fainting!), so it isn’t defined there as a “prescribed disability”  Yet, under S.92(2)(b) RTA 1988 “ any other disability likely to cause the driving of a vehicle by him in pursuance of a licence to be a source of danger to the public" So (IMHO) sleep apnea / daytime sleepiness MIGHT be a prescribed disability, but only if it causes likelihood of "driving being a source of danger to the public" : which is where meeting / not meeting the medical standard of fitness to drive comes into play?  
    • You can counter a Judges's question on why you didn't respond by pointing out that any company that charges you with stopping at a zebra crossing is likely to be of a criminal mentality and so unlikely to cancel the PCN plus you didn't want to give away any knowledge you had at that time that could allow them to counteract your claim if it went to Court. There are many ways in which you can see off their stupid claim-you will see them in other threads  where our members have been caught by Met at other airports as well as Bristol.  Time and again they take motorists to Court for "NO Stopping" apparently completely forgetting that the have lost doing that because no stopping is prohibitory and cannot form a contract. Yet they keep on issuing PCNs because so many people just pay up . Crazy . You can see what chuckleheads they are when you read their Claim form which is pursuing you as the driver or the keeper. they don't seem to understand that on airport land because of the Bye laws, the keeper is never liable.   
    • The video-sharing app told the BBC that a "very limited" number of accounts had been compromised.View the full article
    • The King is the second monarch to appear on Bank of England notes which will be fed gradually into the system.View the full article
    • The King is the second monarch to appear on Bank of England notes which will be fed gradually into the system.View the full article
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

One off direct debit problem.


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4988 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I saw a magazine subscription offer on the internet where it was giving away a free fish tank if you subscribed for 2 years to the magazine.

 

I thought this was quite a good deal so I decided to have a look at how much it was.

 

Advertised as £93 via 24month direct debit.

This to me implied that the direct debit runs for 24 months. increments. Not necessarily monthly but the total period of direct debits would be 24 months.

 

I could afford £4 weekly or £12 a quarter so I went further with this. On each page I looked for detail of the frequency and amount of the direct debits which never appeared in the page even in 'small print'. then I had completed it. Still no idea of how much or the frequency.

 

Upon opening my e-mail and reading the confirmation it then tells me it will be a single direct debit payment taken this month. Now I can't afford that so instantly I e-mailed them back saying I wish to cancel. This was within half an hour of confirming the subscription.

 

They have replied back saying too late the orders have been processed. (within a day for a subscription that doesn't start for another 3 weeks?) and that I would have to cancel payment with my bank and then return the free gift/magazines at my own expense.

 

There are many of us in a thread on an aquatics forum that did this yesterday all about the same time, all assuming it would be increments and all wishing to cancel once we found out it was a single payment. We all see this as the magazine company's fault with misleading wording and also we do not understand why when these tanks/magazines have not yet been despatched they cannot just cancel the subscription and associated order. Our cancellation requests were about as instant as they could be.

 

Is their terminology misleading? 24 month Direct debit? It isn't a 24 month direct debit. It is a single direct debit. It is the subscription that is 24 months.

 

Where do we stand on this. Should they not have clearly detailed this prior to the final confirmation page? I know on all other sites pre confirmation there would be a page detailing frequency and amount asking if you wish to continue.

 

I have replied to their reply saying I am quite happy to pay and quite happy to keep the subscription+tank but not by paying a single one off payment, asking them to make good their error in wording their site as they have and letting all of us (there are a few affected, some have said 'oh well') pay by installments.

 

Any ideas guys?

 

AC

Edited by Supercoley1
Link to post
Share on other sites

Would just like to confirm that exact details of the Direct Debit are not shown until after you have confirmed. I took out a subscription with the above magazine just over 12 months ago and the payments were taken every 3 months and this was what I was expecting again not a one off.

Link to post
Share on other sites

Hi,

Make sure you do contact your bank and ensure that any direct debit set up will be cancelled.

 

Under the Distance Selling regulations, there is no cooling off period for newspapers, periodicals or magazines but as nothing has been sent yet you could argue the point

 

What I would throw at them is "Misleading Prices" This usually covers one price before you buy and then you find out the price is higher once ordered.

 

With the wording you have put up, it does sound like £93 spread over 24 months (to me anyway) and not a one off payment. So I would say that is misleading.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Link to post
Share on other sites

There is a screenshot here, although looks like they have 'reworded' it to say 2 year now!!!:

pfkblah.jpg

 

This is the first mention of the actual price and 'method' of payment. From this point on until confirmation thre is no variation from this 'description' always '24 month direct debit' It is only when you get the e-mail confirmation that you are told it will be a one off payment and then 24 months later the next payment will be taken for the next 2 years etc.

 

I know UK law was tightened up a few years ago to catch 'fine print/small print' issues and wonder if that change would cover this. They aren't misleading us in what we will get or the price, nor are we having to pay for something we didn't know about in small print. It is just a question of thinking it was installments only to find out the kids will have to starve this month. lol

 

I hope the DD appears on my banks account before they try and take it!!!

 

AC

Link to post
Share on other sites

Having taken out mag subscriptions for years, I certainly wouldn't think they were offering a staged payment system - indeed only those that offer micro-payments usually state that the monthly charge will be. With no mention, then the standard rule applies, you pay £XX for a subscription lasting 24 months. This naturally means the first payment taken covers the subscription cost and the gift.

 

Using a DD for a payment like this is rather pointless. but publishers like it as it aids processing at their end. It's not as if they could hold out the hope you'll forget to cancel and let it roll on, as it would auto-cancel after 12 months anyway. The point of a subscription apart from getting the mag early to your door, is that there is usually a discount over the cover price because you've paid in advance. Expecting to pay monthly for a monthly magazine AND get a discount or gift is usually a dream - it'll be one or the other.

 

I believe you've simply made the connection that DD = stepped payments, with no basis to support this other than conjecture. As for their cancellation policies, subscribers copies are the first to go out - usually beating newstrade distribution. As such, the address list used to generate the wrappers can be created 3 weeks prior to the wrapping/bagging process, so this has an element of truth. I would believe it up to the consumer to check on how the funds would be taken, rather than assume.

Link to post
Share on other sites

Having taken out mag subscriptions for years, I certainly wouldn't think they were offering a staged payment system - indeed only those that offer micro-payments usually state that the monthly charge will be.

 

I agree with your statement that I have made the association with 'stepped payment' but describing it as they have many others have made the same 'association!!!

 

Also as the second poster says this same magazine used to take the payments quarterly. And as people on forums talk to each other and there is nothing to say they have chaged their payment frequency would it not be natural to assume it was still quarterly or stepped?

 

It seems to me they understand this too as they have altered the wording. I have their reply from the initial complaint which starts The offer did state it would be a 24 month Direct debit so they have already alter the '24 month' to read '2 year' in the screen capture above!!!

 

As for the pre wrapped statement I agree entirely however the purchase was made at 4-58pm. Once finding out it was a single payment the request for cancellation was sent at 5-39pm. less than an hour later. They are trying to tell me that they cannot reverse this order within that timeframe? They must be the most efficient company ever at processing orders. And I doubt anything will be despatched until they take the DD which is planned to be 18/10/10. thats 3 weeks away. therefore I assume they will take payment and then despatch.

 

Also in their confirmation e-mail it suggest it will not auto cancel it says DIRECT DEBIT DETAILS:

We will take your first direct debit payment on 18/10/2010 and then every 24 months thereafter

 

This info was not detailed anywhere through the process of setting up the subscription.

 

 

Not trying to criticise your post at all. I just want to find out where we actually stand. Seems to me their stance is hard luck just pay up and shut up when they could quite easily reverse and cancel the transaction which is not scheduled for nearly 3 weeks time!!!

 

AC

Link to post
Share on other sites

The answers to those questions can only be obtained from the merchant. Conjecture is pointless! As for others making the same mistake, I think you;ll appreciate, that argument is fatally flawed. For those that do get 'caught' were mistaken. What about all those who took out the sub fully expecting to pay up front? :0)

 

They cannot change the Direct Debit rules on a whim, and as far as the banks are concerned, if a debit is not taken after13 months it is removed automatically. If this has changed, I've not heard of this. They of course may do something to keep it alive - for example 'pinging' the account (or similar) to prevent this happening, but we'd need to seee how they try and do it.

 

As they've done nothing wrong in offering a subscription, as long as the price paid, number of issues and the free gift is met they are in the clear. If 'all' you are claiming is that they're not taking it in 24 equal installments (that you thought they meant) you;ve cannot cleam you were misled. Mistaken perhaps, but not misled. You would then have to cancel, pay for whatever had been despatched, and reefuse the delivery of the tank if already sent. At least that'll save sending it back at your expense.

 

DD's are bad news for so many reasons. This is another!

Link to post
Share on other sites

Don't get me wrong. I agree with you entirely r.e. the payment. what I am arguing is their response that they have already processed the order and we will have to return the item when we receive it. They have plenty of time to cancel the depatch and therefore save themselves trouble and save us returning an items. In the old days of peperwork it may take time to find the relevant order but in these days of computers a simple search, and cancellation is all that is required.

 

We aren't arguing over the payment aspect, thats fair enough, our fault, Its just the stance of the publisher that it is 'too late' to cancel.

 

Yes we made a mistake but immediately upon noticing the mistake and within an hour or so of it we asked them to cancel. There is no way that it is too late to cancel any order. They won't be despatching until they get their money so they have 3 weeks until the transaction is complete.

 

AC

Link to post
Share on other sites

I hate defending publishers, but from memory, the Subscriptions website system is outsourced to a third party. Even if you changed you mind after pressing 'send', the effort taken to advise them, and their alacrity in contacting the responsible person to manually discover and identify the subs and reverse or cancel it won't be straightforward (as it might have been in the past). A cheque in the post still has its uses! ;)

Link to post
Share on other sites

2 things then.

 

Outsourcing. I know a little about this because I used to run one of the larger handling houses in the drinks industry. That was all promotional gear once orders were placed. We were always getting through details of cancellations though from the companies who's account we had and no problem even if they were 1 week leadtimes. We cancelled them. Wish I still had that job because then I could afford the one off payment. lol

 

The other part is how would we stand on 'intent to pay' could we cancel the DD and then show intent to pay to protect ourselves then negotiate paymenti.e. £23 a month for 4 months?

 

AC

Link to post
Share on other sites

Why are they compiling the list immediately, wouldn't it be better for the direct debit to be taken. My previous subscription from them involved a gift and I recieved this and the copy of the magazine before the first quarterly direct debit had been taken.

 

Surely they run the risk of sending gifts out and then having to chase payments from those who direct debits have failed.

Link to post
Share on other sites

The expectation is that the DD will be paid on presentation. A rule of thumb of any new sub is to process it ASAP. It is important for monthly and quarterly publications to prevent the latest issue being missed. So, whilst it will take a week for everything to filter through, setting up the DD, next printing of the labels/poly bag addressing, when it all comes together,it's quite slick. The idea od making it conditional and splitting the process would in most cases, be a needless additional step.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...