Internet subscription renewals and distance selling regulations

[wood123]

I signed up for a dating website at a trial price and they just took a renewal payment at an exorbitant price. I’m not too happy about it.

 

I phoned up to cancel the renewal, which I’ve done, but the guy on the phone told me that the distance selling regulations did not apply to renewals (although initially I think he called it an extension) only to the initial payment and so I don’t the 7 days to change my mind and cancel.

 

In the T&C it talks about your subscription auto-renewing not auto-extending. By my way of thinking this is a new purchase and I should get the 7 day cooling off period provided by the distance selling regulations. If I’m being charged a new price does this not imply a new contract?

 

Does anyone know if the distance selling regulations apply to renewals?

 

If not is there anything else I can employ to get my money back?

[rebel11]

Hi wood

 

Welcome to CAG

 

The guys will advise as soon as they are available.

[kurvaface]

Have you recieved information about your right to cancel?

[wood123]

Have you recieved information about your right to cancel?

 

I've already cancelled the recurring credit card authority.

 

I now want to get the second payment they took from me on the 12th Jan back.

 

When the first introductory payment was made I did not get an email to confirm payment and say I potentially had the right to a 7 day period to change my mind and when the second payment was taken there was no communication sent either. There may have been information on the initial payment screen but I would not say it was prominent.

 

Their T&C contains this

 

Article 9. Right to cancel under distance selling regulations

9.1 This section applies to you only if you are a "consumer" as defined in the Consumer Protection (Distance Selling) Regulations 2000 resident within the EU you may cancel your order for the Services by giving us written notice in accordance with the regulations within seven working days of placing your order. Within 30 days of your notice we will provide a refund. However, this right of cancellation does not apply once you have started to use the relevant Services in which case you agree to performance of the contract starting before the usual cancellation period has expired.

 

But at the end of the day they don’t want to let me to cancel and give me a refund so are saying that this only covers the first payment and not renewals,

 

Article 10. Payment

10.3 We may at any time change our price for a Subscription. The new rate takes effect if you apply for a new Subscription (whether or not it is your first Subscription) or manually renew your existant Subscription after we have posted the details of our new price on the Site. Auto-renewals of existing Subscriptions will continue at the old price.

 

Although it sounds to me like a renewal is a new contract (an extension may not be a new contract) and thus another 7 days (assuming you haven't used any paid for features on the website which I have not) and they are just trying to brush people off by saying renewals are not covered.

 

But I can’t find any definitive answer either way yet.

Edited January 14, 2011 by wood123

[petknize]

Hello,

I am in similar situation, though I have cancelled the credit card authority before the payment was attempted. However, I am being told that I should have cancelled the auto-renewal two months prior to the renewal in writing with hand written signature. I keep getting reminders/warnings of unpaid invoices with threats of legal actions. Are (auto)renewals covered by the regulation or not?