Web Hosting Company Not Refunding My Money

fluffnutter

tomwakefield wrote: »

This is what I can see from the terms

Given that they gave you 30 days written notice before taking the money for the renewal, I don't think you could contest that point.

Did you do this?

I don't think this was done [the request via Streamline]. However, if the OP has had a phone call where he or she's been clearly advised that the policy has been cancelled on the strength of that call, then that's what I'd try to pursue.

kash_5

Hi guys thanks for your help regarding this.

Surely if a company is taking money from my account I should receive some type of letter through my post to confirm this/ receive my authorisation? It's not good enough that they send an email, I only checked my emails once I saw my bank statement yesterday. How was I supposed to know if I never checked my email?

fluffnutter

kash_5 wrote: »

Hi guys thanks for your help regarding this.

Surely if a company is taking money from my account I should receive some type of letter through my post to confirm this/ receive my authorisation? It's not good enough that they send an email, I only checked my emails once I saw my bank statement yesterday. How was I supposed to know if I never checked my email?

The onus is on you to check your emails, I'm afraid. Email's deemed a durable medium and is a perfectly adequate form of notification. After all, you can't use the argument [in favour of post] that you don't open your emails - you might not open your post either!

alisonmeyers

kash_5 wrote: »

Surely if a company is taking money from my account I should receive some type of letter through my post to confirm this/ receive my authorisation? It's not good enough that they send an email,

Having read your posts, it seems the company is acting in a standard manner - i've not dealt with a web host company which operates any differently when it comes to renewal (warning a few weeks before, then auto renew, unless set otherwise in the control panels).

I honestly don't see that they've done anything surprising - i'm sorry that you've been hit for such a high amount of money though, it's no consolation

kash_5

Well I guess that's it nothing I can do now.... it's a lot of wasted money to me I will try contacting my credit card company as a last resort and see what they say...

PZH

fluffnutter wrote: »

However, if the OP has had a phone call where he or she's been clearly advised that the policy has been cancelled on the strength of that call, then that's what I'd try to pursue.

kash_5 wrote: »

I didn't receive a confirmation of cancellation from their Customer Services. The guy I spoke to on the phone said I had to cancel via their online ticket system, but it doesn't state this in their emails or terms.

Unfortunately I cannot see them accepting this argument.

And again, unfortunately, their communication seems very clear to me with regards the message about auto-renewal.

kash_5 wrote:

I will try contacting my credit card company as a last resort and see what they say...

And what do you expect to happen ? You entered into a legally binding contract, the service provider gave you 30 days notice - more than enough time to cancel (they only needed 7 days notice to cancel)

I think the best you can hope for is to try and negotiate with them and to reduce the term of service and gain a partial refund.

Maybe you could write them a nice letter and explain that you did not realise that you hadn't cancelled and see if they can reduce the service to 3 - 6 months and offer a partial refund ?

easyhost

kash_5 wrote: »

According to their Customer Agent their cancellation policy was to write the request through their ticketing system which I was not informed of through email or in formal writing. Although their terms and conditions say I must request a cancellation through my control panel but does not specifically state the ticket system?

Hi as a webhost that has run my business for the last 10yrs + just calling them or sending an email to cancel will be no good as most hosts use WHMCS or Clientexec etc which are automated systems, so you need to follow cancellation processed correctly so the system will cancel the hosting and any invoices due, without doing this the system will automatically renew the hosting and if you have a CC on the system will bill this as if you want to continue.

a MBG guarantee starts from day 1 so if you did not follow their cancellation process then you may find it hard to get a refund. although a good host would refund if it was a genuine mistake, but may take a fee for doing this as it was partly your fault for not following the correct procedure

it looks like they are well know for their practices

http://www.webhostingtalk.com/showthread.php?t=973872
http://www.webhostingtalk.com/showthread.php?t=1038859
http://www.webhostingtalk.com/showthread.php?t=973540

easyhost

kash_5 wrote: »

Hi guys thanks for your help regarding this.

Surely if a company is taking money from my account I should receive some type of letter through my post to confirm this/ receive my authorisation? It's not good enough that they send an email, I only checked my emails once I saw my bank statement yesterday. How was I supposed to know if I never checked my email?

you should have received an invoice before any money is taken. our own billing system is as this

An invoice will be generated and sent 14 days before the due date
A reminder will be sent 1 day before the due date
Invoice then resent on due date and then if unpaid
After 1 day a First Overdue reminder is sent.
After 2 days a Second Overdue reminder is sent.
After 3 days a £15 late fee is added to the invoice.
After 4 days a Third and Final reminder is sent
After 4 Days your account will be suspended (if you have a reseller account all you clients accounts will also be suspended) A £10 fee will be charged to unsuspend up to 3 accounts and £2 per account after that.
After 14 Days you account will be terminated, you will also be issued with a Letter Before Action at a cost of £12.50.
so basically from issue to termination you have had 28 days to pay the invoice or contact us

which is in our knowledge base and TOS so all clients have a clear understanding of how we take payments

tomwakefield

easyhost wrote: »

you should have received an invoice before any money is taken. our own billing system is as thiswhich is in our knowledge base and TOS so all clients have a clear understanding of how we take payments

When you say "should" is this something dictated by law (which is relevant) or just your own company policy (which isn't, as they aren't with your company)?

easyhost

tomwakefield wrote: »

When you say "should" is this something dictated by law (which is relevant) or just your own company policy (which isn't, as they aren't with your company)?

well my TOS were checked by my local trading standards before i published these and this is something they told me i had to do. trouble is that the hosting industry is self regulating as their is no official body to regulate what goes on, so you do get these companies that are rogues and give the industry a bad name.
for any such payment (monthly, annual etc.) an invoice should be generated a min. of 7 days before the payment is due. I give 14 days also TOS also state that they must have a valid/active email address as all invoices etc are emailed to the address on file. it is up to the client to read his emails. even with my time frame you will still be amazed at how many invoices are paid late