Underhanded - signed up to something in the small print

didgemaster

Hi all

I was checking my bank account and saw a transaction that I didn't recognise so I called the bank. It turns out that it is something that I have signed up for as the direct debit is setup properly. The company in question is TMTI Ltd. I found there website but this doesn't help as they are a parent company for many smaller companies. However when I checked their phone number on "SayNoto 0870" it came back with the carphone warehouse.

I signed up for a new mobile phone about a month ago through Dial-a-phone so I went back to check my document that I received with my phone. In the small print it states that I have been signed up to the "Gadget Helpline" for a free 30 day trial, after the 30 days I will then be charged £20.94 for every 6 months!!

The small print also states that I will receive a letter from TMTI with the details of the Gadget Helpline service.

I have received no letter

As I have no letter is this sign up through a 3rd party binding or can I ask for my money to be refunded as this is no a service I require or want?:mad:

bod1467

If you have received no such letter, and the contract state you WILL receive one, then the contract is not properly formed. As such (I believe) you can cancel this add-on with no penalty.

Explain this to your bank, invoke the DD guarantee, cancel the DD and inform TMTI that you have done so and are cancelling the contract.

somethingcorporate

I disagree with the above.

Sending the letter (or not) does not have an impact as to when or whether the contract becomes binding. This will be when the OP agreed to the T&Cs. Performance of the contract is completely different to whether it is binding or not on the OP.

They have not yet performed their part of the contract but I don't think it means you can simply say it is now not enforceable.

You can cancel the DD but ultimately you agreed to the service. It may certainly be underhand hiding a paid for service deep in the T&Cs but not reading them is hardly an excuse or grounds for cancelling.