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Creative Jobs Central. Illegal Auto-renewal?


littleunred01
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Hi!

 

3 months ago I signed up to a web-based service called Creative Jobs Central.

 

I'ts a paid for job listing site to look for jobs.

 

The service was terrible and I hardly used it. 3 months later they auto-renewed my account for £36 without sending any written notice.

 

Now, it is in their terms and conditions that they do this.

 

They are based in New York and according to that state law, you are not allowed to auto-renew on services over a month without giving 15-30 days written notice that the auto-renewal will take place:

 

kirschenbaumesq. com/autonewyork1.htm

 

I pointed this out to them and they said that because I agreed to the T+Cs I can't do anything about it.

 

I am thinking of processing the chargeback through my credit card company and using the argument that they did not provide me with written notice in advance of the auto-renewal in keeping with their state law.

 

In their terms and conditions they also state that if you pursure a chargeback because of the auto-renewal (they get a lot of complaints about this) and you are not successful they will charge you another $20.

 

This all sounds a bit ridiculous. Any advice about pursuing this?

 

Their point of view with the "you agreed to the T=Cs we can do what we like" sounds a lot like the banks used to be but with this being a NY company I'm not sure where I stand.

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Their point of view with the "you agreed to the T=Cs we can do what we like" sounds a lot like the banks used to be but with this being a NY company I'm not sure where I stand.

 

In theory, at least, a European consumer is entitled to resort to a court of law where goods or services are delivered, and a seller who sells abroad is bound by the local law, as well as the law of the land he came from, the same as if you flew to New York or Hong Kong, to set up a stall.

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Can I just double check that you are in the United Kingdom? This is a UK website so advice is tailored around UK laws.

 

Assuming so, When you contact your credit card company to do the charge-back, tell them you feel they may use your card information fraudulently, and you'd like them to block that card and issue a new one (please :p). I know it's a little hassle waiting for a new card, but even if your charge-back is unsuccessful, at least the company cannot take any more funds.

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

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If need be, section 210(5) of the Enterprise Act settles the issue:

 

For the purposes of a domestic infringement it is immaterial whether a person supplying goods or services has a place of business in the United Kingdom.
If you lodge a complaint with Trading Standards, for instance, this obliges them to treat it in the same way as any other (in theory, at least).
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