Cancelled Subscription via Paypal - Can I be forced to pay?

Eversir

Ta bod1467, was in a rush

bod1467

Whilst it's not a stand-out link, it does say LegalCare Terms & Conditions - Click Here For Downloadable PDF. That would suggest it is something you should click on.

Sorry but I think your argument is on a shuggly peg.

gb12345

bod1467 wrote: »

Whilst it's not a stand-out link, it does say LegalCare Terms & Conditions - Click Here For Downloadable PDF. That would suggest it is something you should click on.

Sorry but I think your argument is on a shuggly peg.

As I said earlier in the thread, I agree as did my Father when he went through the sign-up process.

Looksguywalker

gb12345 wrote: »

As I said earlier in the thread, I agree as did my Father when he went through the sign-up process.

Having just gone through the motions of signing up myself I agree it's difficult to miss. It tells you what to do and if you choose not to do it, it's your own fault. To me it looks fair and reasonable and there is no attempt to hide the T&C's.

Eversir

Not disagreeing that some people see it and some people don't. Some people have differing levels of eyesight after all. But a decent proportion have not seen it, and more could have been done to make it clearer. One or more of the following:

- A hyperlink with a contrasting colour to the black text (the standard is blue, but as long as it contrasts well it should be fine).

- A clear statement that the reference to T&C is in fact referencing ADDITIONAL terms and conditions that are WHOLLY different to the terms presented at the bottom of each page.

- Make it so the user has to scroll through the actual terms and conditions before clicking "accept" or similar. (More and more sites are going with this option as there is then no room for any ambiguity).

More info regarding online contracts:

http://www.out-law.com/page-394

"You should avoid using words like 'I have read, understand and accept the terms and conditions' next to the checkbox. In the opinion of the Office of Fair Trading, you are then encouraging users to make undertakings that could be untrue (users can check the box without actually reading or understanding the conditions)."

"The use of 'browse-wrap' agreements has been heavily criticised by the courts and the Federal Trade Commission in the United States. A 'browse-wrap' agreement gives the purchaser the opportunity to follow a link to the supplier's terms and conditions before placing an order, but does not require the purchaser to read the terms before ordering. A court in New York determined that as such agreements do not bring the relevant terms to the attention of the purchaser before the contract is made they are not binding on the purchaser."

bod1467

I agree with what you say in your 2nd bullet.

The last paragraph is irrelevant as it relates to the USA. Whilst it may be good advice, unless it is enshrined in UK law then it is irrelevant.

Looksguywalker

IMHO there is enough contrast between the text used and the link. The link is also underlined. I'm short sighted and recognised it for what it was. Hover over the link and it's even clearer.

sharper13

I know have solicitors phoning me chasing money i have told them to check their clients and as far as im concerned their is no contract, they are asking me to email the different terms and conditions but i agreed to the t&c so i am responsible for the debt.

I am about ready to fold unless anyone has any good ideas?

Eversir

Email them a copy of the terms you actually read and agreed to? I.e. the ones at the bottom of the webpage?

dalesrider

sharper13 wrote: »

I am about ready to fold unless anyone has any good ideas?

Remind them that under PSD (payment services directive) that you now have the right to cancel via your payment provider.
As you also know that paypal did inform them of your cancelation. Then as such they were informed and you and PP forfilled the PSD requirements. If they wish to take it to court you will be happy to challenge this on the basis of PSD and unfair T/C. As they were notified by the 3d party. Who they were more than happy to use to take payment.