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Cooling off period that made me heat up.


Asterix68
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My wife recently joined a slimming help website called JustSlim. Initially they give you a 4 day trial where you can decide to continue with one of their various offers. The way the offers are perceived, by the way they are worded, makes it look like 1 month is £40 but take out a 12 month subscription and it is £15 per month and it has a little asterix explaining the saving based on a single month. It also offered a 30% discount code.

 

My wife signed up, and applied the discount code which didn't work. She contacted them explaining this and asked then to just cancel the account. They replied and said they had fixed it and the discount would be applied. At the end of the trial period she had noticed that they had taken payment for the full yearly amount.

Again she contacted them and the reply was surprising. They told her point blank she is not getting her money back as she took out the yearly subscription which is full payment up front. My wife went on to their forum after a few attempts at getting a refund and each answer was similar in that she agreed to join and is not entitled to her money back.

 

I took a look on the website and I looked at how it is laid out and although if you look deeper at their offers it appears the full payment is taken but it is designed to fool you into thinking its a monthly option. I also looked at their cancellation policy which states you have 7 full days to cancel after payment is taken, 'provided you don't use the website'. My wife pointed this out and asked them to cancel her subscription and her account and remove any and all her personal data. The reply came back saying, 'Thank you for contacting us, your posts have been removed as requested'. They removed the posts only because she had made a complaint on their forum.

 

Since contacting them they have been completely blasé about the whole issue and are adamant that no refund will be given despite their policy. My wife contacted them initially within the trial period to cancel and they replied by saying she would receive a the discount offer. She then replied on the day payment was taken, so she still had 7 full days to cancel. This was only yesterday but they are sticking to their guns and have stopped replying. She hasn't used their services since the payment was taken but I noticed today they are sending her 'daily updates' as if she is using their services.

 

Sorry about the length of this 'question'. But what can we do about it?

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Hi Asterix68

 

How exactly have they debiting the monies? Direct Debit, Credit Card, Debit Card or Bank Transfer?

 

If you paid by Debit Card:-

 

Speak to your card provider ask to do Chargeback

 

http://www.which.co.uk/consumer-rights/problem/how-do-i-use-chargeback

 

If you paid by Direct Debit:-

 

Speak to your bank ask them to refund via Direct Debit Guarantee

 

http://www.directdebit.co.uk/DirectDebitExplained/Pages/DirectDebitGuarantee.aspx

 

Let us know what they say.

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I take that your wife has been sending emails to cancel the subscription and they are just ignoring your wish to cancel.

 

This is in their 'Questions section', have you tried doing the following:-

 

'If you wish to cancel your free trial, please refer to the WorldPay FuturePay Confirmation email you received when you signed up. Follow the instructions to login to your FuturePay account where you will be able to cancel your account. Alternatively, submit a support ticket to justSlim stating your FuturePay account number and indicating why you wish to cancel. We will then process the cancellation on your behalf.'

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hello,

maybe you should contact your bank again and ask the reasons why they are not meeting the requirements of BCOBS - (Banking Code Of Business or possibly Banking Conduct of Business) - you can google it.

 

I believe that the onus is on your bank to prove that you did not authorise the full payment.

If I've given you advice, then it is just my thoughts / opinions - doesn't mean I am right!

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My wife tried the Worldpay option but it only allows to cancel future payments, I.E. The subscription for next year. Also called FuturePay. When my wife contacted JustSlim to have her subscription canceled they replied by stating that all future payments have been canceled, meaning next years payment. They knew exactly what she meant but like I said already the fly bas...ds are stalling. They are tactically answering certain correspondence but when asked to cancel account under 7 day cancellation period, they just ignore it. I contacted them again this afternoon to cancel the account and they have not replied.

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Hi Asterix68

 

Have tracked down details of the owner of the website:-

 

Domain Name: JUSTSLIM.NET

Registrant Name: Nicholas Alexander

Registrant Organization: N/A

Registrant Street: 49 Woodland Park Hillsborough Road

Registrant City: LISBURN

Registrant State/Province: Antrim

Registrant Postal Code: BT28 1LQ

Registrant Phone: +44.2892667139

Registrant Phone Ext:

Registrant Fax: +44.2892641188

Registrant Email: n.alexander34@googlemail.com

 

Contact:- Consumerline (Northern Ireland) -

 

http://www.consumerline.org/

 

http://www.consumerline.org/newsroom/[problem]-alert/121/beware-of-free-trial-slimming-and-beauty-products/

 

Write a Formal Letter of Complaint, mark it as such.

Explain what's happened (Trial - tried to cancel - won't allow you too), how they have let you down (won't refund payment) and what you want them to do (refund payment).

 

Add the following to the end of your letter:-

I would point out that because XXXXXXXX are regulated by the Financial Conduct Authority, that XXXXXXXX has to adhere to a set of legally binding key principles laid down in the Banking Conduct of Business Sourcebook (2009):-

Customers' interests - A firm must pay due regard to the interests of its customers and treat them fairly.

 

Communications with clients – A firm must pay due regard to the information needs of its clients, and communicate information to them in a way which is clear, fair and not misleading.

 

What's the name of your bank?

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Hi rebel11,

 

Thanks for your reply. I'm a little confused as your advice appears to say I should contact my bank which by the way is Bank of Scotland. At the end you tell me to add the information detailed in your last two paragraphs, but this info would be for JustSlim would it not? The bank won't help as my wife gave card details which to them is authorising payment regardless of the fact she was led to believe the payments were monthly.

 

Would it be in my interests to contact the person who's details you found? I could appeal to his better nature (which didn't work with the company) or go in guns blazing demanding a refund which is my right anyway. Then again it's just the website owner, probably nothing to do with the company.

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Hi rebel11,

 

Thanks for your reply. I'm a little confused as your advice appears to say I should contact my bank which by the way is Bank of Scotland. At the end you tell me to add the information detailed in your last two paragraphs,

but this info would be for JustSlim would it not? The bank won't help as my wife gave card details which to them is authorising payment regardless of the fact she was led to believe the payments were monthly.

 

Write to your bank as suggested, your wife has taken advantage of the Trial, she has tried to cancel but has been ignored, they have taken the money, they need to refund the monies. The bank are doing what suits them.

 

Send your letter to:-

 

Ms Alison Brittain

Head of Retail Banking

Lloyds Banking Group

[email protected]

Would it be in my interests to contact the person who's details you found? I could appeal to his better nature (which didn't work with the company) or go in guns blazing demanding a refund which is my right anyway. Then again it's just the website owner, probably nothing to do with the company.

 

You could do, you've got the details. Have you read the following:-

 

http://www.consumerline.org/newsroom/[problem]-alert/121/beware-of-free-trial-slimming-and-beauty-products/

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If you can manage DDs through online banking you should be able to cancel the DD at anytime.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Thanks BRIGADIER2JCS,

 

From what I believe, the payment isn't a direct debit as such and anyway it doesn't matter as they took full payment, not the first month. It looks like a 'one off' card payment but set up using worldpay/futurepay. This means you haven't signed up for a continuous direct debit but given them permission to take a further payment in the future to continue a subscription. I believe they do it this way deliberately, with their vague details and wording so that you sign up thinking its a monthly payment, so that you can't claim back using the direct debit guarantee or stop payments.

 

Have a look at their site and tell me what you think of the way the offers are set out.

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You could do, you've got the details. Have you read the following:-

 

http://www.consumerline.org/newsroom/[problem]-alert/121/beware-of-free-trial-slimming-and-beauty-products/

 

Thanks, I had a look. This would have been great if the company concerned was mentioned. I'm not sure if they can help me as they are in Ireland. I'm thinking of just blogging their name everywhere and anywhere. If I can't get my money back maybe I can convince others not to join. I'm a long time member of Ciao so I could start there and leave a link to my 'review' on other popular sites. If I prevent just one person giving them money, I'll be happy but this not enough I want to be very very very happy :) I've heard that no publicity is bad publicity, boy is that wrong. This company will end up on their own diet because they will have no money to buy food by the time I'm finished with them.

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