Freeola - Cancelling a subscription

[Letterwriter]

Last Monday, upon moving into a rented flat, I signed up for Freeola Anytime dial up internet.

 

Later, I found that the landlord had signed up for broadband so I would not need to use the dial up connection.

 

I cancelled my subscription today (so bang on 7 days) without having ever used it. When doing I politely asked whether they would be willing to refund the first months subscription (£14) as the connection was unused.

 

They said "no"

 

I dont think I cam covered by the Distance Selling Regulations (but I'm no expert). Is there any other way I can get my £14 back?

 

 

Btw - I dont think Freeola are being unreasonable. But if I can get the £14 back it would be better than losing it!

 

Thanks in advance for any replies

[Bookworm]

Have you got a copy of the contract? Have a browse and see what their cancellation policy is and come back here to tell us.

[Letterwriter]

This seems to be the only relevant paragraph in there:

 

 

6. Freeola Anytime is subject to a minimum term of 1 payment month. After your initial payment has cleared, you may give notice to cancel your service at any time (using Your Freeola Settings) and as long as we receive your request on or before the last day of the current payment month, the cancellation will take effect from midnight on the first day of the following month. At this point we will cease charging and your Freeola account will not be able to access the Freeola Anytime dial-up number. However, you will still be able to enjoy all the benefits of Freeola's free internet services and the internet by using the Freeola 0845 dial-up numbers which are charged at local call rates by your telephone provider.

 

 

No mention of any consumer regs/legislation and, as I say, does seem reasonable enough, but if anyone knows if there's any way I could claim a refund, please let me know

 

Thanks

[perplexity]

I dont think I cam covered by the Distance Selling Regulations (but I'm no expert).

 

The Distance Selling Regulations cover any distance contract, for there is more to the regulations than the right to to cancel.

 

The key term with regard to cancellation would then be "unless the parties agree otherwise" from section 8(3). It seems to me that the service provider's provision of their own cancellation scheme is therefore allowed to supersede the statutory right to cancel, so long as their provision of the service had begun. Whether or not you actually used it wouldn't matter so long as it was ready to use, immediately.

 

[Crazy Diamond]

A spammer reviving a 4 year old thread and guess who jumps on it with the usual load of rubbish?

[perplexity]

No matter the age of a thread, punters find these things on google so it's as well to be complete and correct about it, toward which end:

 

Contracts to which these Regulations apply

 

4. These Regulations apply, subject to regulation 6 [timeshare agreements where some parts of the regulations do not apply] , to distance contracts other than excepted contracts.

For the full story, follow the links.

 

In contrast to some of the legislation to have to deal with, the DSRs are fairly clear, comprehensible and to the point on their own behalf, for the most part, without the need to dispute what they have to say.

 

8)

[Crazy Diamond]

So simple, yet you still manage to reach the conclusion that T&Cs supersede a statutory instrument.

[perplexity]

So simple, yet you still manage to reach the conclusion that T&Cs supersede a statutory instrument.

 

 

That was not the conclusion, nor the premise.

 

In view of the terms of section 8(3), how else would the parties agree otherwise than that "he will not be able to cancel the contract" except that the consumer agrees to the T&Cs eliminating the right to cancel?

 

"Will not be able to" is clearly the future tense, so could not be taken to imply that the parties may agree at a later date. The only opportunity to agree is before the contract is concluded, so would thus allude to the T&Cs.

 

8)

[Crazy Diamond]

UTCCR: A term which would deprive a consumer of his statutory rights will be automatically deemed unfair and therefore non enforceable in its entirety.

 

Go learn the basics before you try to blind people with your supposed knowledge.

[perplexity]

How else would "the parties agree otherwise" than that "he will not be able to cancel the contract" except that the consumer agrees to the T&Cs eliminating the statutory right to cancel, (as opposed to the alternative opportunity that the seller grants to cancel)?

 

Should you happen to think of an answer to that instead of flogging the straw man to death, do let us know.

 

The very purpose of section 8(3) is not only to allow a supplier's term to supercede the right to cancel, the regulation insists that they do, in effect, or else the right to cancel continues to apply.

 

Edited November 29, 2010 by perplexity

[Crazy Diamond]

Flogging the straw man to death? You seem to be as up on your colloquial English as you are on your law.