Which? Not Playing Fair over subscriptions

studio500

Hello all

My wife used to have a which? Online subscription which she decided to cancel in Oct 2009.

I remember her making the call and the Lady on the phone and telling her that she wanted to cancel forthwith as she no longer used the service.
The lady told her that she was sorry to see my wife leave etc etc. She said she would leave my wifes online access open for another month just in case she changed her mind. My wife told her that she didn't need any further access and just wanted to cancel but the lady said she would do it anyway as a gesture and in that hope that my wife may change her mind.
Wifey said she wouldn't change her mind and the call was ended.

Now over a tear later my wife has noticed that Which are still taking direct debits from her account despite missing one or two initially after her cancellation was made.

On contacting Which? they are now saying that the one month period was a grace period during which my wife had to ring up to cancel if she no longer wanted the service.
They said they had sent a letter (Presumably to our previous address asking if we still required the service) which we did not get.

Which? have only today cancelled the subscription and so far are refusing a refund of the overpayments.


My questions are ....

1) Could we claim back the direct debits under the DD Gaurantee.

2) Can we request a copy of the Phone Recording and screen information they have under the freedom of information act?

3) If Which refuse, what is our next step, ie county court etc?

The payment was just under £8 a month.

Regards

Studio

wealdroam

During the last year, I assume Which? continued to send you their magazine.

Did you not think that odd?

While receiving the magazine, did you think to ask them why you were still getting it?

studio500 wrote: »

Can we request a copy of the Phone Recording and screen information they have under the freedom of information act?

No.
Freedom of Information Act is not applicable.

paddyrg

wealdroam wrote: »

During the last year, I assume Which? continued to send you their magazine.

They said they had sent a letter (Presumably to our previous address asking if we still required the service) which we did not get.

Probably sent the mag to the same address as the letter?

mountainofdebt

But did the Op have redirection of post from his old address?

studio500

wealdroam wrote: »

During the last year, I assume Which? continued to send you their magazine.

Did you not think that odd?

While receiving the magazine, did you think to ask them why you were still getting it?



No.
Freedom of Information Act is not applicable.

The subcription as stated was for Which? Online not for any magazine subscription.

studio500

Sorry I meant Data Protection act regarding the records held.

We should be able to access the records they they hold regarding my wife, the calls made and any recordings I hope.

McKneff

It took a year to notice the money was going out of the account.:eek:

She only checks her statement once a year. :eek:

She really should have followed it up with a cancellation letter or asked for
a confirmation email that she had cancelled it.

wealdroam

studio500 wrote: »

The subcription as stated was for Which? Online not for any magazine subscription.

Sorry. My mistake. I overlooked that.

studio500

@McKneff Yes sadly she does but she only had that one direct debit on her account which she checked a few months later and the debits had stopped.

She's a Cancer nurse and works over 80 hours a week, she leaves the house at 06.30 and gets back at 9.30pm - 10.30pm, she hardly has time to eat but that's not my question.

bcl999

Nobody seems actually to have answered your original question.

I would say "Yes" you should be able to claim under the DD Guarantee scheme as they weren't authorised payments once your wife had cancelled. She can do this with her bank without involving Which? any further though there is nothing to stop them then pursuing her for the reclaimed payments but then they would be the ones taking the action rather than you having to go to county court to claim from them.

PZH

As stated in their T&C's (Which I assume where the same ones you agreed to) :-


2. Cancellation

You may cancel your membership at any time by emailing which@which.co.uk or calling us on 01992 822800.

So, a phone call should have been suffice.

Interestingly they go on to say:-

If we don’t comply with these Terms we will be happy to compensate you for any loss you suffer as a direct result of up to £100 each time.

Maybe you should simply ask them?