Web host didn't cancel - passed to DCA

[Biggles 266]

Firstly my apologies if this has been answered previously - I've done a little bit of searching for similar stories, but not found anything close enough and I'm not clear enough on terminology to be more thorough.

 

Basically a few months back I wrote to cancel a web hosting package and domain names. The company wants an online cancellation and has it in it's terms and conditions, but without internet access I had no way of doing so and I was moving house, so I put it in writing and included my new address. I never heard anything back.

 

In April, I got an invoice via email for ~£60 for the hosting and domain names I wanted cancelled. This invoice had my old address on it, so at this point I knew my letter had been ignored or lost.

 

I tried talking to the company about this, argued that I wasn't liable since I'd told them to cancel, that cooling off periods should apply etc. I've gotten nowhere, they keep saying they have no record of my letter etc. Now, since I've still not paid the invoice (which is still addressed to my old home address) they've passed me on to a DCA called Arvato.

 

So far all I've had is an email from Arvato asking them to contact me. I was a bit cheeky and replied asking who is the person they addressed the email to and why did they want to contact them.

 

At this point I don't really know what happens next. I've had nothing in writing from Arvato, and presumably letters will go to my old address. I don't really want to pay what I feel is an unjust charge, but at the same time I don't want my credit history affected since it should be fairly ok. Is this even considered credit, since it's an unpaid invoice for service upfront?

 

So, what should I do? Just sit and wait? Call the DCA? Pay up?

 

And since this has already gone to a DCA, has it already affected my credit rating?

 

Thanks in advance.

[locutus]

Do you have a copy of the letter that you sent?

 

Ignore any DCA.

 

I don't think a webhost will report to a credit reference agency, but if you want to be sure you can pay £2 for a copy of your credit report from Experian, Equifax and Call Credit (£6 total).

[Biggles 266]

Well I still have a copy of the letter ok since I typed it, but I never thought to send it signed for, so don't have proof.

 

If I have been reported to a CRA, what come back have I got? Basically it's my word against theirs.

[meemok]

So, they ignored a cancellation request, then passed the account to Arvato.

 

Not 1&1 by any chance?

[Biggles 266]

Heheh, funnily enough... yep!

[locutus]

Well I still have a copy of the letter ok since I typed it, but I never thought to send it signed for, so don't have proof.

 

If I have been reported to a CRA, what come back have I got? Basically it's my word against theirs.

 

1st let me state that my gut feeling is they don't report on your credit file. If they have, you can enter a "notice of correction". Sounds like they're renowned for losing cancellation requests.

[meemok]

They tried this with me before. In their terms and conditions, it says a customer 'may' use the contract tool to terminate the agreement.

Your written cancellation is valid, and should have been accepted and actioned. It is their fault it wasn't.

 

1&1 can't report to a CRA regarding your dealings with them. Nothing in any of their T&C for domain services or hosting allows this.

The only time they could is if they took you to court for the amount they claim you owe, win the case and get a CCJ.

 

This however will not be happening because you sent them a cancellation notice.

 

If you used any of the services after your cancellation notice period (14 days if I remember correctly), they might charge you a pro-rata amount for that.

 

You might get a letter or 2 from HL Legal / Sampson saying they act for Avarto and threatening all sorts. Just send them one back saying the agreement was cancelled on dd/mm/yyyy and no further correspondance will be entered into.