Usenext chasing for more money

[rich5315]

Hi everyone can anyone help or give me some advice please.

 

i took usenext out, the yearly one in july 2013, it expired in july last year and ever since they have been trying to get me to pay another years subscription, which i never wanted in the first place, its gone to some sort of collecting agency since and they are now asking for 165 euros due to costs, i dont see why i should pay and there terms and conditions they use stink. obviously i havent been able to use the service due to this bill problem so dont see why i have to pay for a service i cannot and dont want to use, below is a copy of the email, any advice anyone, can i get out of paying for this somehow. sounds like a very unscrupulous company?

 

 

 

Member of – Bundesverband Deutscher Inkasso-Unternehmen e.V

- Bundesverband Deutscher Rechtsbeistände/Rechtsdienstleister e.V.

TESCHINKASSO Forderungsmanagement GmbH

Bielsteiner Str. 43, 51674 Wiehl

Telefone: +49 2262 711-368

 

 

 

Claim of Aviteo Ltd. - Gainsborough House, your customer number 9363967 invoice number 28634574, file number NX14/04705

 

Dear Mr. Jason,

 

we have already sent you several letters that we have been commissioned to collect the claim of Aviteo Ltd. - Gainsborough House.

 

Unfortunately we have not yet received your payment of your membership fee with invoice number 28634574 and invoice date 24.10.2014 originated on 14.09.2014 for your account number 9363967. The current package in your file is an UseNeXT Smart+ package.

 

On 29.08.2013 you have knowingly registered on our client’s website with your personal data (e.g. verified IP address: 217.44.16.32 and E-mail address (Ive hidden it) and agreed to the terms and conditions during the registration process. Our client refers to fulfillment of your contractual obligations.

 

In our first letter from 19.12.2014, we have sent you a summary of the accumulated costs, consisting of the principal claim in the amount of 106,35 EUR plus handling fees, interests and reminder fees and this has so far added up to a total claim in the amount of 161,26 EUR.

 

This amount has to be paid until 04.02.2015 at the latest to avoid further costs and inconveniences.

Please use the following payment methods:

Bank details:

Commerzbank AG

IBAN: DE82 3844 0016 0722 0809 06

BIC/SWIFT: COBADEFFXXX

Please note: we only accept SEPA payments.

 

To make payment even more convenient for you, we offer to make money transfers directly to our London Account: Sort Code 406201, Account number 30544830, Favor of: Tesch Inkasso Forderungsmanagement GmbH. The total claim would be then 125,64 GBP.

PayPal account

[MaxxPower]

So....did you actually cancel it? Or just block the payment and assume that would cancel the service?

Subscriptions like this pretty much always auto-renew unless you tell them not to.

 

Contact the Usenext company directly, don't bother dealing with the DCA.

[rich5315]

Hi maxpower no i assumed if i didnt pay it would cancel the contract, as i see it when i signed up it was for one year not a rolling contract. i think if i payed up then i would still be liable for another year come july

[BankFodder]

Also get a breakdown of costs. A summary of costs is not sufficient

[MaxxPower]

Ok, almost certainly it was a rolling contract. Services like this virtually always are, you just get a discount for paying for longer periods at a time. IE, 1 month will be £8.99, but if you pay for an entire year it would be the equivalent of £5.99/month. This is how most online subscription services tend to work.

 

Your best bet is to contact the provider directly and engage in dialogue with them. Advise you weren't aware it was a rolling contract and that you never intended to be subscribed for more than a period of 1 year.

I assume you haven't made ANY use of the services after the expiration date? You need to think carefully on this to confirm you haven't used the service at all after the original 1 year expired. If you have used it then they could argue that meant you knew it had rolled over and are now just trying to get out of the contract. However if they cut you off immediately because they couldn't take payment, then they're on highly dubious grounds trying to chase you for money for a service they never even provided.

[rich5315]

Hi maxxpower no i didnt use it after the the year was up, its also in their terms none payment will result in the service being stopped. I did contact them through the online help and get a message 2 days later saying it was my fault and i agreed to their terms and was still to pay even though i hadnt had the service.

[MaxxPower]

What is actually in their Terms and Conditions in regards to non-payment, renewals and cancellation? Do they actually state that they will renew and attempt to charge you and that unless you cancel before your subscription is up they will charge you anyway?

[rich5315]

Hi maxx power this is the email i got back from usenext

 

Hello David Jason,

 

thank you very much for your inquiry on 14.01.2015.

 

--------------------------------------------------------------

We would appreciate it if you rated the quality of the answer written below.

This helps us to improve our service for you. Find the link that takes you to

our rating system beneath our answer to your inquiry.

--------------------------------------------------------------

 

The answer to your inquiry:

 

You have agreed to the terms and conditions of our contract upon sign up that you need to cancel or select another package otherwise your contract will be automatically extended to a further term of the same package. Your previous term for your account with customer number 9363967 expired on September 13 2014. Since you did not cancel or selected another package in due time your contract was automatically extended and you have been subsequently charged.

 

You then cancelled on September 16 2014 after the extension occurred. This does not shut down your account with immediate effect nor does it cancel the outstanding payment but cancelling for the date at the end of the extended term as stated in your cancellation confirmation. Since payment failed, this resulted in an outstanding payment that has been forwarded to our billing office. Your mail history show that you have been informed / notified when payment failed and you have been sent a reminder regarding this.

 

Please contact our billing office directly on how to proceed. Contact details:

[MaxxPower]

Looking at the cancellation section of their Terms and Conditions,

 

4. Right of cancelation

 

You have the right to cancel this Agreement within fourteen days without stating reasons.The cancelation notice period is fourteen days from the date the Agreement is signed.

In order to exercise your right of cancelation you must inform us

 

Aviteo Ltd., Kundensupport [Customer support]

Josephspitalstraße 15

D-80331 Munich

Fax: 089 - 20172018 (German landline costs)

 

by making a clear statement (e.g. by a mailed letter, fax or email) of your decision to cancel this Agreement. You may use the enclosed sample cancelation form to do so although it is not mandatory to use it. You can also complete and send the sample cancelation form or other clear statement electronically on our website https://www.usenext.com/support/contact-form/. If you use this option we will immediately send you (e.g. by email) confirmation of receipt of such a cancelation.

 

The cancelation notice period is deemed to be complied with if you dispatch the notice that you are exercising your right of cancelation prior to the expiry of the cancelation notice period.

 

Consequences of cancelation

 

If you cancel this Agreement we must repay to you all payments we have received from you including delivery costs (with the exception of the additional costs arising from the fact that you have chosen a different type of delivery from the cheapest standard delivery offered by us) immediately and within no later than fourteen days after the date on which we have received the notice that you are canceling this Agreement. For this repayment we shall use the same payment method you used for the original transaction unless a different method has expressly been agreed with you; under no circumstances will you be charged fees for this repayment.

 

If you have requested the services to begin during the cancelation notice period, you must pay us a reasonable amount corresponding to the proportion of services already provided up to the time at which you notify us of the exercise of the cancelation right relating to this Agreement compared with the total extent of the services provided for in the Agreement.

 

End of cancelation advice

 

It says you can cancel within 14 days. It doesn't exclude renewals from this anywhere that I can see. The renewal section of their Terms and Conditions,

 

4. a) On the date of the expiration of the term of the Agreement, the Agreement shall automatically renew for the term of the original selected product package (one, three, nine or twelve months) unless the Agreement is terminated in writing no later than one day prior to termination of the Agreement (either by fax or mail or using the online form at https://www.usenext.com/support/contact-form/) or using the appropriate link in the customer-only area of the Provider’s website.

 

b) Termination takes effect only upon timely receipt by the Provider of the customer’s decision to terminate the Agreement.

 

doesn't state that the cancellation period doesn't apply to renewals.

 

They've already acknowledged that you cancelled only 3 days after the renewal, so within the 14 day limit.

 

The sticking point may be the part "fourteen days from the date the Agreement is signed", which they might say means it only applies from when the contract initially began and that there is no cancellation period after a renewal. However I'd say that not allowing a cancellation right after renewal, and trying to charge for the whole year, is definitely an unfair contract term. At best, they would be entitled to 3 days worth of subscription costs in my opinion.

[i25b2]

Hi there,

 

I have the same issue, like rich5315. I got an email from TESCHINKASSO Forderungsmanagement today.

Could anyone can tell me how to deal with it? Is it making me depressed. Any suggesstion?

 

Any suggestions? Many thanks.

[steveod]

Hi

If it was me I would email them and inform that you dispute that any amount is owed as the terms specified as regards cancellation do not conform to the Unfair Terms in Consumer Contract Regulations in that you were not specifically made aware that it was an automatic rolling contract and that you were not given a reasonable opportunity to prevent the renewal in that they did not notify you of the upcoming renewal. In order to be compliant with the fairness and reasonableness test I think automatic rollover contracts are allowed but only on the basis that the consumer is contacted prior to the renew date and affirms they wish to continue with the contract. only my opinion of course.

[rich5315]

As It stands at the moment they have threatened me with court, Ive told them that the contract was null and void due to having to pay first to get download volume making it "pay as you go" as i never recieved my download volume usenext actually themselves defaulted on the contract and on that basis i dont owe them anything as the contract never started.

I havent heard from them for around 6 weeks but expecting them to get in touch

[i25b2]

As It stands at the moment they have threatened me with court, Ive told them that the contract was null and void due to having to pay first to get download volume making it "pay as you go" as i never recieved my download volume usenext actually themselves defaulted on the contract and on that basis i dont owe them anything as the contract never started.

I havent heard from them for around 6 weeks but expecting them to get in touch

 

Thank for your response. You are right. I don't owe them anything as the contract never started. The best way to deal with it is to do nothing. As you said you haven't heard form them for around 6 "weeks". It should be 6 "months". Am I right?