Website advertising

pmlindyloo

I hope someone might have some knowledge about this.

My husband has been paying monthly by SO to have his will writing business advertised on a website to generate leads.

He has received a letter saying that paying by SO is no longer acceptable and his credit card details are needed. We do not want to do this. The email also says that the SO will not be registered against his account. It also goes on to say that the terms and conditions of the contract have been changed to reflect this.

The terms and conditions do say that 'we reserve the right to make changes to these terms and conditions by giving 1 months notice.'

My questions are:

1. What happens if you do not agree to these new terms and conditions? (there are very heavy penalties for late/non payment)
Can you end the contract with no penalties?

2. Should we send a cheque each month and cancel the SO?

3. Would stipulating that credit cards details must be given as the only method of payment be an unfair term?

If anyone knows of any law that could be quoted I would be very grateful - have spent hours trying to find the relevant information:eek:

somethingcorporate

How much is the subscription?

Why are you adverse to giving him your credit card information? there tends to be a lot more protection under section 75 of the CCA when paying by credit card than with an SO.

pmlindyloo

Without going into too much detail this is someone who we do not trust. The website has not generated any leads and is often not working. There are a number of people who are very annoyed by the 'wild promises' but after careful studying of the contract he seems to have it all covered.

We are kicking ourselves for signing the contract and are continuing to honour it. Some others have cancelled their SOs. We think the giving of credit card details is to stop disatisfied clients cancelling SOs and breaking their contract.

arcon5

pmlindyloo wrote: »

Without going into too much detail this is someone who we do not trust. The website has not generated any leads and is often not working. There are a number of people who are very annoyed by the 'wild promises' but after careful studying of the contract he seems to have it all covered.

We are kicking ourselves for signing the contract and are continuing to honour it. Some others have cancelled their SOs. We think the giving of credit card details is to stop disatisfied clients cancelling SOs and breaking their contract.

Is the company perhaps Thomson Local or Yell.com?

Unless you could convince a judge the terms are unfair or cause prejudice to your contract I don't think you have any rights.

If you don't trust them, personally I would continue paying via another method every month, and if they add fees for non-CC payment then let them take you to court. I doubt they will be awarded anything if you pay ontime.

pmlindyloo

Thank you for this.

No, it's not the companies you mentioned! A much smaller concern.

I think you're right and nothing much would happen if we paid on time.

I was just hoping that changing the terms and conditions would constitute a new contract which we would not sign and so end our contract. Just looking for a way out!

arcon5

pmlindyloo wrote: »

I was just hoping that changing the terms and conditions would constitute a new contract which we would not sign and so end our contract. Just looking for a way out!

Unfortunately not, these contracts are usually well written to well and truly lock you in.

I've been there, got suckered into Thomson Local @ £250. Just had to suck it up and learn an expensive lesson.


Just make sure you read their cancellation policy and make sure there isn't some sort of automatic-renewal written into the original contract.

pmlindyloo

Fortunately there isn't an automatic renewal written into the contract - just one month's notice in writing no later than 1 month prior to the end of the agreement (must write this date in capitals in my diary!)

You are so right about locking you in. I think the really nasty part is that any invoice (not that we have ever received one!) unpaid for more than 7 days will attract a penalty charge of £15 per day! Since we only pay £30 per month I think this is extortionate.

We have also decided to 'suck it' up, but deep down I wish we could stop paying and fight it out in court. I just do not think they should be allowed to get away with it.

texranger

pmlindyloo wrote: »

Thank you for this.

No, it's not the companies you mentioned! A much smaller concern.

I think you're right and nothing much would happen if we paid on time.

I was just hoping that changing the terms and conditions would constitute a new contract which we would not sign and so end our contract. Just looking for a way out!

what happens with monthly subscriptions is the same as hosting TOS. each time you make a monthly payment you are accepting the TOS at that time, which is deemed a new contract.

pmlindyloo

I understand this but what happens if you don't accept the new T & Cs? Surely this wouldn't apply if the new T & Cs were outrageous?

And if you don't pay you are saying you don't accept the new conditions? What happens then to your old contract?

It's all soooo wrong!

texranger

pmlindyloo wrote: »

I understand this but what happens if you don't accept the new T & Cs? Surely this wouldn't apply if the new T & Cs were outrageous?

And if you don't pay you are saying you don't accept the new conditions? What happens then to your old contract?

It's all soooo wrong!

you dont need to accept their new TOS, speak to consumer direct and they will help you with what to do

pmlindyloo

Just discussing this with my husband.

What would happen if the terms of the contract were changed so that instead of paying £30 per month it was changed to £300 per month. Surely this wouldn't be 'right'?

I suppose what I'm trying to say is, is there some point of law which says that changes in T&Cs must be 'reasonable'?

Any thoughts?

ps Crossed posts with texranger. Thank you so much - will ring them on Monday.