Credit Score Matters setting up subscription without my knowledge

[spellchick]

Hi,

 

I hope this is the correct thread to post on. I tried to apply for 10 day free trial for my credit report with Credit Score Matters, did the application online back in Nov 2011 and as advised on the website that they had insufficient information regarding my current address and they would be in touch. This was on 15th Nov 2011 and I only had a general email from them saying I had applied for my credit report and if this was not me to get in touch with customer service.

 

Therefore I had no access to site or the report as far as I was aware. Didn't get any emails or calls about this so left it to it at this point. Few days later letter came through from them asking for 2 forms of ID (bank or credit card statement, mortgage, utility, council tax bill) that are less than 3 months old.

 

Letter clearly states that on receipt of this information, we will release your report.

 

I still have the letter here and I was going to eventually send in this information as in my mind this application was incomplete and therefore couldnt possibly be considered to be chargeable as I had not accessed anything nor been given any account details for this by them.

 

Having only just noticed on my bank account there has been 3 payments taken for my subscription with Credit Score Matters in Nov, Dec and now Jan for 19.95 per month.

 

Having tried to find the notification I thought I had in an email saying application was incomplete I managed to find another email from them dated 15 Nov 2011 giving account/login details and advising I have 10 days free trial and after that will be charge 19.95 per month afterwards if I dont cancel.

 

As my email had stored this in junk it has been sitting there ever since and today is the first time I even read this. I want to contact them and ask them to refund this subscription as I never sent in the additional information as application was incomplete and I had never seen this email til today and wouldnt be even writing this if I hadnt been in the middle of going through my bank statements.

 

Has anyone got any advice on this? Or can anyone tell me if I am wrong in asking for this to be cancelled/refunded due to being void in how this was set up?

[dx100uk]

what!!

you can get it for FREE

 

see my sig below

 

never heard of this bunch of chancers

 

you must do a chargeback NOW!

 

http://whatconsumer.co.uk/visa-debit-chargeback/

 

dx

[BRIGADIER2JCS]

I expect you will have provided debit card

details as part of the ID process when requesting

the files, you should instruct your bank to reject

alll further payments as the card has been compromised,

it may even be necessary to ask the bank to give you

a new account number to prevent acess to your account.

[spellchick]

And they have refused to give me a refund saying even tho further info was required the welcome email that would have been generated at registration would have stated all members were going to charged after full trial period unless cancelled. Looks like I will need to go through all of the t & c again on their website and see if there is anything about what happens if further info is required before report can be produced cos its all well and good saying i registered and that was done but couldnt actually access any info that i was signing up for - the credit report so it sounds ridiculous.

[BRIGADIER2JCS]

Yes check through the inormation.

I had a quick look it seems they are

correct,in what they say.

As you could not access the report anyway

a formal complaint is needed and that should

go to their Compliance manager.

[spellchick]

This was the response to my complaint advising if I wish to appeal it it needs to be sent to Complaints manager in 7 days from the date of response received (letter is dated 9th and I received it today on 11th so I am not sure 7 days from their date of letter or me receiving this)

[spellchick]

I think if their letter to me asking for further info had simply stated that it was part of my subscription being active and 10 day trial still ongoing of course I would have bloody cancelled it I just couldnt see how I could trial something they were unable to provide for me without this info. But will have a read of t and c tonight and think about how to write up the appeal to their response.

[BRIGADIER2JCS]

I find that ''complaints'' managers are in post

to prevent a complainant from getting someone

who has real power to do some thing, complaints

like your should be addressed to the COMPLIANCE

manager.

[spellchick]

Thank you I will do, presumably it will then just need to go to the same general address as there is none other specified anywhere

[BRIGADIER2JCS]

Thank you I will do, presumably it will then just need to go to the same general address as there is none other specified anywhere

 

Yes the head office address.

[spellchick]

I emailed them yesterday and today asking for a copy of t & c's but have heard nothing. cheeky buggers. giving me a deadline to appeal from 9th may even tho I didnt have the letter til 11th and now not even sending me t & cs so I could look into how to write up the letter to compliance

[spellchick]

Letter gone today recorded addressed to David Forest and copy of it sent to OFT as well. Obviously by the time I posted this I had not heard from them with T&Cs and now as sods law they replied to my email a couple of hours after letter went in the post (not that I would have had time to do anything with them before posting even if they came this morning) might just wait and see if I get a response to this letter and if not or if the answer is still no will have to go through T&C and write in some more

[spellchick]

TERMS OF MEMBERSHIP FOR THE CreditScore Matters

MEMBERSHIP PROGRAMME(“AGREEMENT”)

Thefollowing text sets out the terms and conditions under which we supply servicesto members of the Credit Score Matters membership programme. Any enrolment tothe membership programme is on the following terms and conditions.

When wesay “we”, “our” or “us” in these terms and conditions, we mean the provider ofthe membership programme as detailed below.

If youhave any questions, please call our customer service advisors on 0845 872 5624or write to Credit Score Matters PO BOX 587, Edgware, HA8 4DX.

1. WHO YOU ARE ANDGENERAL NOTICES TO YOU

 

1.1 You are a potential/actual member of the membership programme (called the “Scheme”) as described in thisdocument. If you enrol in the Scheme (called “Membership”) you will become amember of the Scheme (called a “Member”).

 

1.2 Importantly, a Member must be a human person who is:

 

1.2.1 an adult (i.e. aged 18 and over); or

 

1.2.2 enrolled with an adult’s express approval or on behalf of that adult athis/her express instruction.

 

1.3 Only those Members that are over the age of 18 will be able to access theircredit reports and/or credit information. A person who does not qualify asdescribed in paragraph 1.2, is prohibited from becoming or being a Member. Anyperson who becomes a Member (or purports to do so), makes a statement, uponwhich we are entitled to rely, that that person is aged 18 years or older.

 

1.4 A person may not become a Member unless they are based in the UnitedKingdom (this does not include the Channel Islands or the Isle of Man), as thisis the area we service. A Member must have a postal address in the UnitedKingdom. Any person becoming a Member makes a statement, upon which we areentitled to rely, that that person is, and will continue to be, based in theUnited Kingdom and that that person will supply a postal address in the UnitedKingdom.

 

1.5 All general notices from us will be sent by email or letter to Members.

 

2. MEMBER BENEFITS

 

Discounts and otherbenefits

 

2.1 A Member is entitled to access discounts and/or other benefits on certainproducts and services offered by vendors/providers participating in the Scheme(and we call these discounts and/or other benefits, “Benefits”). Benefits are set outon the Scheme website, although some Benefits may not be available in allareas. Please see below for limitations.

 

2.2 Any products or services purchased (taking into account Benefits orotherwise) must be purchased directly from the product or servicevendors/providers. We do not supply, offer or charge for products or services(other than Membership which is a service which provides access to discounts,offers and promotions in respect of those products and services of third partyvendors/providers).

 

Credit Reporting Service

 

2.3 A Member is entitled to access the credit service supplied by CallcreditLtd (whose registered office is at One Park Lane, Leeds, West Yorkshire, LS31EP registered number 3961870 (the “Credit Service Provider”) (andthe details of that credit service are set out on the Scheme website or in theCredit Service Provider’s own end user agreement (the “Credit Reporting Service”)),provided that:

 

2.3.1 the Member accepts the Credit Service Provider’s own end user agreementbefore first use of the Credit Reporting Service – and that end user agreementforms a contract between the Member and the Credit Service Provider;

 

2.3.2 the Credit Service Provider is able to properly validate the identity andaddress details of the Member, which validation is at the absolute solediscretion of the Credit Service Provider;

 

2.3.3 the Credit Service Provider accepts the Member as a person eligible toreceive the Credit Reporting Service, which is at the absolute sole discretionof the Credit Service Provider;

 

2.3.4 the Member first properly registers on the Credit Service Provider’swebsite; and

 

2.3.5 the Member complies at all times with the Credit Service Provider’s ownend user agreement. Breach of the Credit Service Provider’s own end useragreement may terminate entitlement to receive the Credit Reporting Service.

 

2.4 Members should note that the terms of the Credit Service Provider’s own enduser agreement permit the Credit Service Provider to suspend or terminate theCredit Reporting Service under the circumstances listed in the Credit ServiceProvider’s own end user agreement.

 

3. ACCEPTANCE AND TERM OFMEMBERSHIP

 

3.1 You (or a Member) indicate acceptance of these Terms of Membership andagreement to pay the relevant charges by verbally indicating affirmativeconsent to join the Scheme, or by clicking the “Submit” (or its equivalent)button on the Scheme enrolment page or by otherwise using the Scheme’s website.Once this affirmative consent is otherwise given there is a legally bindingcontract between the Member and us in the terms of these Terms of Membership(i.e. this Agreement).

 

3.2 Membership starts from the earlier of a) the time we notify you of yourMembership number and b) the time you provide affirmative consent to join theScheme.

 

3.3 Membership lasts until your Membership terminates as detailed in paragraph6.

 

4. MEMBERSHIP RULES

 

4.1 Membership is non-transferable.

 

4.2 Membership cannot be used by persons other than the Member.

 

4.3 You shall ensure that no other persons have access to your Member details.

 

4.4 Other persons in the same household shall not access the Scheme, theBenefits or the Credit Reporting Service using the identity of the Member andthe Member shall be responsible to ensure this is upheld.

 

4.5 Benefits, access to, and information from, the Credit Reporting Service arenot for resale.

 

4.6 A Member must promptly notify us on becoming aware of any unauthorised useof the Membership number or if the Membership number is lost or stolen.

 

4.7 If a Member is offered the opportunity to claim a gift in connection withenrolment in the Scheme, this is limited to one gift per Member and, dependingupon the offer agreed to, a Member claiming this gift will be required to be anactive member of the Scheme at the time the gift claim is processed. An ActiveMember is a Member that has successfully registered to the Scheme and has avalid Membership Number.

 

5. MEMBERSHIP RENEWAL

 

Unless a Member notifies us he/she wishes to terminate this Agreement (i.e.cancelling Membership) by following the instructions in paragraph 6, thatMember’s Membership will be renewed automatically and that Member will becharged the Membership Fee, which will appear on that Member’s monthly billingstatement.

 

6. TERMINATION OFMEMBERSHIP AND RIGHTS TO CANCEL

 

6.1 A Member may terminate this Agreement (i.e. cancel Membership) at any timeby:

 

6.1.1 Emailing us or calling us on the telephone number listed on the Schemewebsite; or

 

6.1.2 By notifying us in writing at: Credit Score Matters, PO Box 587, Edgware,HA8 4DX.

 

6.2 Further, and only where applicable, under the United Kingdom’s DistanceSelling Regulations, Members have the right to terminate this Agreement withina period of 7 days, beginning with the day after the day on which thisAgreement is sent (whether by email, fax or post) to the Member.

 

6.3 We reserve the right to terminate this Agreement (i.e. cancel Membership)at any time and for any reason. If we do this, we will re-credit to therelevant Member’s account any sum deducted by us from the Member’s creditcard/debit card in respect of any period of Membership for which the Member haspaid but which the Member will not benefit from because we have terminated thisAgreement (pro rata if necessary in respect of time and payment). We will dothis as soon as possible but in any event within 30 days of termination. Wewill not be obliged to offer any additional compensation for disappointmentsuffered or otherwise.

 

6.4 Termination of this Agreement (and cancellation of Membership) will beeffective within 1 business day (in London, UK) of the receipt by us of theMember’s cancellation request or our notice to the Member.

 

6.5 On termination:

 

6.5.1 If the termination is within the Trial Period (as to which please seeparagraph 7.1 below), then no Membership Fees will have been payable and noMembership Fees will be payable by the Member;

 

6.5.2 If the termination is at any time after the Trial Period, then the Memberwill not owe any further Membership Fees other than what has already becomepayable (and the Member will not be entitled to refund of any past fees chargedto the Member’s account); and

 

6.5.3 Entitlement to access, make use of or benefit from, the MembershipProgramme (including the Credit Reporting Service) shall cease.

 

6.5.4 In the event that you contact us within the first 30 days (for offerswith a trial period of 10 or fewer days) or 60 days (for offers with a trialperiod of 11 or more days) and advise us that you were unable to access the benefitsof the Scheme and we are able to verify that you did not access the benefits,we will issue you a refund of the membership fees paid.

 

7. MEMBERSHIP FEES

 

7.1 A Member is entitled to a trial period, details of which are set out(depending upon the sign up method used by the Member) in the Welcome Pack sentto a Member by post, listed on the relevant website and/or shown or notified tothe Member when they are presented with details of the Scheme (the “TrialPeriod”). A Member can cancel Membership at any time during the Trial Periodand will owe us nothing.

 

7.2 After the Trial Period, a monthly Membership fee (i.e. the “MembershipFee”) of currently no more than £29.95 (inc. VAT), payable in advance, will beautomatically charged by a direct charge to the billing source authorised bythe Member.

 

7.3 We may increase or decrease the Membership Fee on 30 day’s notice. Memberswill be notified by email or letter. If the Member does not agree with any suchchange, the Member may terminate this Agreement under paragraph 6.1 before anysuch change takes effect.

 

8. WARRANTIES, BENEFITS& DISCLAIMERS

 

8.1 We will at all times carry out our obligations under this Agreement withreasonable care and skill.

 

8.2 The Benefits and the Credit Reporting Service have been designed forMembers in the United Kingdom only (and in certain cases within certain localesof the United Kingdom). Not all Benefits (or the Credit Reporting Service) willbe available therefore to all Members.

 

8.3 We are constantly seeking new benefits for Members from providers.Accordingly, the Benefits and the particular services offered within the CreditReporting Service are continually changing and we do not and cannot representor warrant that any particular Benefits or elements of the Credit ReportingService will be available at any particular time. We reserve the right toeliminate, add, change and substitute Benefits and/or elements of the CreditReporting Service from time to time without notice to any or all Members.

 

8.4 A Member agrees that we are not responsible or liable for any Benefitsprovided by providers or for the Credit Reporting Service provided by theCredit Service Provider and, if a Member has any claims relating:

 

8.4.1 to Benefits, the Member will make a claim against the relevant providerproviding (or purporting to provide) the relevant Benefit; and

 

8.4.2 to the Credit Reporting Service, the Member will make a claim against theCredit Service Provider providing (or purporting to provide) the relevantCredit Reporting Service.

 

8.5 Please note that any special offer offered by a vendor/provider throughwhom you may have enrolled as a Member is the responsibility of thatvendor/provider; not of us.

 

8.6 Other than as expressly set out in these Terms of Membership, we make andgive no conditions, warranties or other terms, express or implied (includingthe conditions or warranties as to satisfactory quality, fitness for purpose)with respect to any Benefits, to the Credit Reporting Service or in respect ofany information provided to a Member.

 

8.7 We assume no responsibility for the payment of or contribution to any useor sales tax (e.g. VAT) on the Benefits (or the Credit Reporting Service) whichmay be imposed by taxing authorities, and such taxes, to the extent imposed,shall remain a Member’s sole responsibility or that of the provider of theBenefits or the Credit Reporting Service, as the case may be.

 

9. LIABILITY

 

9.1 This paragraph 9 prevails over all other paragraphs and sets out our entireLiability, and your sole and exclusive remedies in respect of: a) theperformance, non-performance, purported performance or delay in performance ofthe contract between us and the Member; or b) otherwise in relation to thecontract between us and the Member or the entering into or performance of thecontract between us and the Member; or c) a Member’s use of or participation inthe Scheme.

 

9.2 This clause does not exclude or limit in any way our liability for: (a)death or personal injury caused by our negligence; or (b) fraud or fraudulentmisrepresentation; or © any breach of the obligations implied by section 12of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and ServicesAct 1982; or (d) losses for which it is prohibited by section 7 of the ConsumerProtection Act 1987 to limit liability; or (e) any other matter for which itwould be illegal or unlawful for us to exclude or attempt to exclude ourliability.

 

9.3 Except for the matters in paragraph 9.2, neither of us shall be responsiblefor losses that result from our failure to comply with these Terms including,but not limited to, losses that fall into the following categories: (a) loss ofincome or revenue; (b) loss of profit; © loss of business; (d) loss ofanticipated savings; or (e) loss of data. However, this clause 9.3 shall notprevent claims for foreseeable loss of, or damage to, your physical property.

 

9.4 Save as provided in paragraph 9.2, our total Liability to you or any thirdparty shall in no circumstances exceed, in aggregate, a sum equal to thegreater of: a) £10; or b) 110% of the Membership Fees paid by the Member to usin the 12 month period prior to any particular cause of action arising.

 

10. TRADE MARKS, BRANDSETC.

 

We are the operator of the Scheme and responsible for the production of theScheme website. All trademarks, product or service names and company names orlogos on that website and on hard copy Scheme materials are the property oftheir respective owners. We do not give permission in respect of the use of anysuch trademarks, brand names, product or service names or titles or copyrightsand such use may constitute an infringement of the owners’ rights.

 

11. EVENTS BEYOND OURCONTROL

 

We shall have no liability to any Member for any failure of performance or anydelay in performance that is caused by any event or circumstance beyond ourcontrol.

 

12. INVALID PROVISIONS

 

If any part of these Membership Terms or the contract between the Member and usis unenforceable (including any provision in which we exclude or limit ourliability) the enforceability of any other part will not be affected.

 

13. THIRD PARTY RIGHTS

 

Except for our affiliates, directors, employees or representatives, a personwho is not a party to these Membership Terms (or the contract between Memberand us) has no right under the UK Contracts (Rights of Third Parties) Act 1999to enforce any term but this does not affect any right or remedy of a thirdparty that exists or is available apart from that Act.

 

14. ENTIRE AGREEMENT

 

14.1 These Membership Terms, together with our privacy policy, set out thewhole of our agreement relating to the Scheme and Membership. Nothing said byany sales person on our behalf should be understood as a variation of theseMembership Terms or as an authorised representation about the nature or qualityof the Scheme or Membership. Save for fraud or fraudulent misrepresentation, weshall have no liability for any such representation being untrue or misleading.

 

14.2 We make no representations or warranties about the accuracy completenessor suitability for any purpose of the information and related graphicspublished on the Scheme website or in other Scheme hard copy materials. Fromtime to time the Scheme website or other hard copy Scheme materials may containtechnical inaccuracies or typographical errors. Our liability howsoever arisingfor any such inaccuracies or errors is expressly excluded to the fullest extentpermitted by law.

 

15. NO WAIVER

 

Any failure by us to enforce or to exercise at any time or for any period oftime any term of, or any right under, this Agreement does not constitute, andshall not be construed as, a waiver of that term or right and shall in no wayaffect our right later to enforce or to exercise it.

 

16. WHO WE ARE AND HOWYOU CAN CONTACT US

 

We are Adaptive Affinity Limited, registered in England. Our registered officeis: Adaptive Affinity Ltd., Cavendish House, 369 Burnt Oak Broadway, Edgware,Middlesex, HA8 5AW. All notices from you to us must be by email response as setout in these Membership Terms or by post to Credit Score Matters, PO Box 587,Edgware, HA8 4DX. Our telephone number is: 0845 872 5624.

 

17. GOVERNING LAW

 

The Scheme operates for the United Kingdom only. The Membership Terms and thecontract between Member and us shall therefore be deemed to be performed withinthe United Kingdom and therefore shall be governed by and interpreted inaccordance with English Law. Also, the use of the Scheme website is governed byEnglish law. These Membership Terms and the contract between you and us (andany dispute, controversy, proceedings or claims of whatever nature in relationto them) shall be governed and interpreted in accordance with English law andMember and we hereby submit to the exclusive jurisdiction of the Englishcourts.

 

Last updated July 2011

[spellchick]

Now my letter was received and signed for according to Royal mail tracking, but I have heard a big fat NOTHING so far and its now 29th May. Looks like I will need to find out how to ask my bank to try and reclaim these charges through the fraud team. OFT who I sent the copy did acknowledge my letter being received and said they will keep in in their file for the company and may use it in the future if needed.

[Irishson]

Hello all im not sure if this is the right place to be but it refers to credit score matters so hopefully someone can help, back in february myself and my partner were applying for a mortgage and we were declined for moving house a lot as it was 95% LTV so the lending criteria was a lot higher, however before we were told why we were declined i had signed up to credit score matters to view my score as it was a 10 day free trial, however i never once logged in and used the service as the bank had told us exactly why and our credit score was fine,now when i signed up to csm i used a debit card but i never used the bank account so i knew they wouldnt be able to take the payment after the 10 day trial, and i was under the imppression that if you dont log in the account wouldn't be activated. I recently got a statement from the bank that the unused account is linked to because i have been using it to save a little extra, and csm have taking 2 payments of £19.95 in quick succession, i immediately called up firstly to cancel but i was told that becuase the service was provided whether i used it or not i would not get a refund, however i find it innappropriate that nearly 5 months of not getting a payment and failing to inform me that they couldn't take payment the try when there is money and i cant get it back, also god knows how many times they've attempted in that space of time, i was just wondering if anyone has any advice as to how to move forward, i have emailed to say im requested a full refund because i feel its innapprpriate business practice, but would like some back up info if anyone can help.

[dx100uk]

Hello all im not sure if this is the right place to be but it refers to credit score matters so hopefully someone can help, back in february myself and my partner were applying for a mortgage and we were declined for moving house a lot as it was 95% LTV so the lending criteria was a lot higher, however before we were told why we were declined i had signed up to credit score matters to view my score as it was a 10 day free trial, however i never once logged in and used the service as the bank had told us exactly why and our credit score was fine,now when i signed up to csm i used a debit card but i never used the bank account so i knew they wouldnt be able to take the payment after the 10 day trial, and i was under the imppression that if you dont log in the account wouldn't be activated. I recently got a statement from the bank that the unused account is linked to because i have been using it to save a little extra, and csm have taking 2 payments of £19.95 in quick succession, i immediately called up firstly to cancel but i was told that becuase the service was provided whether i used it or not i would not get a refund, however i find it innappropriate that nearly 5 months of not getting a payment and failing to inform me that they couldn't take payment the try when there is money and i cant get it back, also god knows how many times they've attempted in that space of time, i was just wondering if anyone has any advice as to how to move forward, i have emailed to say im requested a full refund because i feel its innapprpriate business practice, but would like some back up info if anyone can help.

 

 

start a new thread [your own]

 

see below

 

dx

[BRIGADIER2JCS]

I think the problem is you have to cancel before the end of the trial period

otherwise the subsciption continues.

 

Your only approach I think is to make a Formal Complaint to CSM.