Plusnet wants £83.75 to leave...*HELP*

Wally_2

Further to my last post, I have recieved an e-mail confirming cancellation of my contract with Ezee :-

IMPORTANT: The following Regular FuturePay Agreement with Internet Billing has been cancelled, in accordance with the request we received from either yourself or Internet Billing.

Agreement ID: 374XXXX
Merchant reference: 92XXX
Merchant Name: Internet Billing
Date and time of cancellation: 07/Jul/2006 08:27:57

No further payments will be taken under this agreement. If you believe that this agreement should not have been cancelled, please contact Internet Billing at: [EMAIL="worldpay@ipsupport.co.uk"]worldpay@ipsupport.co.uk[/EMAIL]

..............................Result.!!!

Rex_Mundi

Nice one. Can I ask how you worded your cancellation request to Ezee? This may help other people that have signed up and want to cancel. I'm also in contact with some relevent people off this site as well, and this info could be useful to them. If you don't want to post this in the forum, feel free to PM me.

Wally_2

Rex_Mundi wrote:

Nice one. Can I ask how you worded your cancellation request to Ezee?

Rex, first of all I got to my accounts with this address HERE. Then I logged in with the information given in the e-mails they send when you sign on. I got to a page that looked like THIS. I then clicked on a Cancel button that cancelled the agreement, it is not shown on my pic (don't know why). Last of all I sent an e-mail to them worded thus:-

I have cancelled my agreement with you, please do not use my Credit Card details to obtain anymore payments, I hereby cancel my contract with you within the "Cooling off period" as is my right by law. Thank you for the fact you offered the service. Please send me my MAC in case I wish to use Broadband in the future. I would be grateful for any refund that is due. I would appreciate a quick response to this e-mail. Again thank you.


Rex, I don't know which of the actions brought the swift response, whether it was accessing the account details and cancelling the agreement from there or the fact that I sent an e-mail, to do both seemed like a good idea.

Rex_Mundi

Cheers for that Wally. I take it from your post that you have only cancelled on the Worldpay site?

Your freedom may not yet be in site. Worldpay are only taking payments for the service (they are not part of Ezee). All you have done is cancelled your payment through this service. This wont cancel your Ezee contract (this will still be running). Ideally, you need to send the same email to Ezee. If you don't, they will think you still have a contract with them, and will contact you next time a payment is due (chasing you for money). Untill your contract with Ezee is cancelled, you are still liable to pay them each month. Sorry to be the bearer of bad news here.

Wally_2

Rex_Mundi wrote:

Cheers for that Wally. I take it from your post that you have only cancelled on the Worldpay site?

Sorry to be the bearer of bad news here.

No probs, I have their mail address's in Leeds, letters in my best handwriting will be winging their way to them by first post tomorrow.

One to :-

Ezee DSL
195 North St
Leeds
LS7 1AA

and another to :-

186k Limited
197 North St
Leeds
LS7 1AA

........................

Rex_Mundi

It may be worth sending the letters registered. This way, if they try to say that the cooling off period is not valid. You will have proof of posting/receipt if you need to contact trading standards to back you up.

Wally_2

Rex_Mundi wrote:

It may be worth sending the letters registered. This way, if they try to say that the cooling off period is not valid. You will have proof of posting/receipt if you need to contact trading standards to back you up.

Yep will do - and I've got a room full of independant witnesses here too.

Just_Looking_3

Hey look what you get if you try to cancel with Ezee - it's part of an e-mail.

"When the service is activated your line is opened for use, if you had
not used this link then you would be elligible to cancel the service
under the terms of the contract. If you have paid for the service but
not used the service then please write to the address above and we will
check our systems to confirm this and proceed accordingly. We apologise
but if you have used the service you are then unable to cancel the
service under the Consumer Protection (Distance Selling) Regulations
2000 Act."

Just_Looking_3

Is there anybody with a legal mind that can explain this.

"Regulation 8 of the principal Regulations is amended so that the supplier is no longer required to inform the consumer, prior to the conclusion of a contract for services, that he will not be able to cancel once performance of the services has begun with his agreement. Instead, the supplier must, in such cases, provide the consumer with information as to how the right to cancel may be affected if the consumer agrees to performance beginning less than seven working days after the contract was concluded. This information must be provided prior to or in good time during the performance of the contract.

Regulations 12 and 13 of the principal Regulations are amended so that-

(a) where a supplier of services provides the information required by regulation 8 before performance of those services begins and the consumer agrees to such performance beginning before the end of the cooling off period, there is no right to cancel; and (b) where a supplier of services provides that information in good time during the performance of the services, there is a right to cancel even if the consumer agrees to performance beginning within seven working days of the contract being concluded, but the cooling off period begins when the consumer receives the information and ends seven working days later or when performance is completed (whichever is the sooner)."

Rex_Mundi

Just_Looking wrote:

IInstead, the supplier must, in such cases, provide the consumer with information as to how the right to cancel may be affected if the consumer agrees to performance beginning less than seven working days after the contract was concluded. This information must be provided prior to or in good time during the performance of the contract.

This bit seems very clear that Ezee should have informed you that the right to cancel under the Distance Selling Regs stops when the service starts. I can tell you without doubt that there was nowhere in their terms that mentioned this. I read through them myself very carefully three different times.

I spoke to trading standards about this deal, and was told that even though the service had started, the cooling off period still applied. Get in touch with your local trading standards. Explain the situation exactly, and see what they say. You need to mention to them the quick activation on signing up (less than one hour), and no mention of the cooling off period in the terms when you signed up.