Moshi Monster - no agreement

jaydani

Onced I noticed I emailed them & am waiting for a reply.

I didn't notice the payment had continued until I stopped using the card (yes I know what you are going to say but I thought it was connected to something else) anyway will wait for their reply.

The account is still showing as active and apparently will do so until renewal so I still don't know if cancelled yet or not.

PenguinVenture

pendulum wrote: »

I just tried the game, and within 30 seconds of me using it, just after the stage where it asks you to choose the monsters colours, it would not let me proceed until I checked a box to confirm I had read and agreed with the terms and conditions.

Just for the record all money has been returned by Moshi Monsters.

The above feature you mention I believe is new. Its irrelevant really as the target 7-12 year old is just going to tick that box. My argument was there were no emails confirming a contract.

kennyjosiah

PenguinVenture wrote: »

I need some advise please on consumer rights?

In March my children asked for membership to Moshi Monsters (an online game). For each case I keyed my debit card details and waited for confirmation of membership. The kids got their membership and I forgot about confirmation of membership - nothing was ever recieved.

6 months on I realise that Moshi Monsters have been debiting my account each month. As far as I'm concerned I have no agreement with them. I received no acknowledgement, no receipt and no rights to cancel. To prevent further funds being collected I have stopped my debit card.

As far as I'm concerned I authorised two one off payments and did not sign up for regular payments. What are my rights? What can I quote in a letter of complaint? As far as I'm concerned they can keep the first month's payments but I want back the repeated payments thereafter for which there is no contract for.

Do credit agreement rights apply in this case - surely I should have been presented with something in writing confirming the agreement and a 14 day cooling off period?

Any advice on how I go forward with lodging a complaint and qouting my rights would be much appreciated. At the end of the day its £60 which I think is too much to have paid without a formal agreement.

Many thanks

Thankyou very much for your post, my kids have been mithering me for membership for months, I had said no from the start as I dont like the way it hooks them in to spend more and more on nothing other than access to other parts of the website, my son has some birthday money and wanted to use it to buy membership, I was considering but thought I would check if anyone had problems, I read the t&c's but wasnt sure, it is only with hindsight (or pompous smart !!!!!! as per responses to your post) that you think it isnt ok, you have saved me a lot of hassle and money, and I for one thankyou for posting your problem, I know it doesnt help you but if it is any consolation it is helping others like me from falling into the same trap :heart2:

scullster

PenguinVenture wrote: »

Just for the record all money has been returned by Moshi Monsters.

Thanks for letting us know the outcome, I'm pleased it turned out okay for you.

I appreciate everyone has views on here - but how many people really read all of the small print everytime (now be honest).

I'm not saying its right, its just that the small print is usually so long and soooo boring - I'm surprised the government hasn't tightened up on this, its open to abuse because they are too lengthy and not aimed at the layman. The government should simplify the process by having a generic set of T&C's, a standard written in terms the layperson can understand - if a retailer happens to add certain exclusions or additional conditions, then these should be made obvious to the consumer and listed by exception. It shouldn't be up to the consumer to read each and every set of t&cs

kennyjosiah

PenguinVenture wrote: »

Just for the record all money has been returned by Moshi Monsters.

The above feature you mention I believe is new. Its irrelevant really as the target 7-12 year old is just going to tick that box. My argument was there were no emails confirming a contract.

Glad you got your money back :j

Aristede123

We have also been misled by Moshi.

I deliberately paid the full £4.95 and subscribed for what I understood to be a 1 month package. This firm is very clever at staying within contractual law, but the presentation is deliberately designed to make you think you are only paying for one month, encouraging most people to assume thats the end of the contract unless you wish to subscribe further. It is obviuosly a deliberate tactic as should anyone want an ongoing subscription they would obviously choose the cheaper options designed for longer terms commitments

The web site should state more clearly that you also have to cancel, otherwise what you believe to be a one month subscription will run on. I am in the process of reporting the matter to Trading Standards and suggest everyone else should do the same. The site may also be in breach of the Distance Selling Regulations

bryal99

My Eldest son has been asking for a Moshi Monster upgrade for weeks now - he has the basic free membership already. Having checked this site and all the previous posts I will now buy a prepaid time card that you can purchase in WHSmiths, Asda or Sainsbury's rather than buying a membership via a credit card! So thanks very much all of you !!

No_Moshi_Monsters

Contract law isn't as one sided as its portrayed in some of these posts. Contracts can be void for uncertainty and mistake where the T&Cs are unclear, vague, hidden or there is an unconscionable power imbalance within the express (written) terms and it's up to a Judge not Moshi to determine this.


As I advised Moshi:


It is unlawful without my express permission to automatically renew since I purchased a 1 month subscription without any intention of renewing it i.e. any renewal is at my option at the end of the period, that is: you cannot lawfully insist or presume that I shall automatically renew.


As such, I should have been given a clear option of purchasing either (a) a 1 month pass or (b) a 1 month subscription with an automatic renewal.


//


Basically, a 1 month subscription by its very definition means a 1 month subscription not 2, 3 or perhaps more months…


The problem in my case was I didn’t see anything about automatic renewal nor did they properly bring it my attention. Moreover neither Moshi or did Click and Buy provide any confirmation email which they claim advises about the automatic renewal. In any case and where their argument fails regardless whether or not I received their email is that it’s after their offer and my acceptance and thus formation of our contract and is quite frankly irrelevant as any email (after the fact) is quite unrelated (at law) to our agreement i.e. a party cannot unilaterally adjust material terms at a later time - you need BOTH parties to actually consent.

They immediately canceled and refunded my money.


So don’t just believe that they can just walk over you because they just can’t. However, that said, if they do bring it properly to your attention it is then your responsibility to pay attention.

tbrown480

Im on moshi monsters and my dad was going to put his credit card number in but i said leave it till yuu get more money.. it is a good thing he did Thanks for warning all us i hope yuu get yuur money bak:) all the best x Byeee :A

tbrown480

Hi im sorry about yuu losing money hope yuu get it bak soon... Toni