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

bod1467

Off-topic - I really think you should proof-read before posting. The punctuation in many of your posts is very confusing, using full stops where there should be commas.

This makes it hard to understand what you're trying to say - which is unfortunate, because much of the advice you have to offer is very good and relevant.

wealdroam

dalesrider wrote: »

Remind them that under PSD (payment services directive) that you now have the right to cancel via your payment provider.

Last time you wrote that, one month ago today on 29 March in post #45, I responded with...

wealdroam wrote: »

...I do not think anyone, including LegalCare if they've got any sense, are disputing that.

Yes, one has the right to cancel a CPA via the bank, or paypal in this case.

Please read the rest of post #47 for the reasons why, in my opinion, your suggestion will not work.

Dalesrider, you seem to be ignoring the difference between cancelling a contract and just cancelling the method of payment.

Eversir

Is the Payment Services Directive a statutory right?

If so, contracts can't override statutory rights can they? (Genuine question - not rhetorical)

wealdroam

Eversir wrote: »

Is the Payment Services Directive a statutory right?

If so, contracts can't override statutory rights can they? (Genuine question - not rhetorical)

Yes they are a 'statutory right'.

The UK implemented the PSD through the Payment Services Regulations 2009 (PSRs), which came into effect on 1 November 2009.

Eversir

So LegalCare are arguing they will not accept a cancellation of the PayPal subscription (the only way of subscribing to the service by the way), even though PayPal notified them a subscription cancellation took place (within the 14 day trial).

I'd need to scour the legislation, but surely this leaves LegalCare on sticky ground (disregarding all the other stuff about the contract being unenforceable in the first place)?

dalesrider

wealdroam wrote: »

Dalesrider, you seem to be ignoring the difference between cancelling a contract and just cancelling the method of payment.

PSD implies, that cancelling the payment is just that. As I have said before needs testing in court...

EU seems to think that. Given that they are the highest court, then I cannot see them overturning their own regulations....
Then again with the EU who knows.

bod1467 ??? If you are making comments such as that you need to quote you you are replying too......
If you are refering to me..

I do not give a flying ....

gb12345

Eversir wrote: »

So LegalCare are arguing they will not accept a cancellation of the PayPal subscription (the only way of subscribing to the service by the way), even though PayPal notified them a subscription cancellation took place (within the 14 day trial).

I'd need to scour the legislation, but surely this leaves LegalCare on sticky ground (disregarding all the other stuff about the contract being unenforceable in the first place)?

No, PayPal have notified LegalCare that they are no longer authorised to receive payments from your account, but as Wealdroam says, that does not mean that the contract is cancelled and you no longer owe them the money.

It is the same a with a PayDay loan company taking payments from a bank account using a CPA on a debit card. You can instruct your bank to cancel the CPA, but that does not mean that you no longer owe the loan company the money. They just have to find another way of collecting it from you.

bod1467

dalesrider wrote: »

If you are refering to me..

I do not give a flying ....

It was just friendly advice. As things stand, posts that are difficult to read and digest carry MUCH less weight than those that are well-composed. Thus the very useful advice can be severely diluted (and possibly ignored) because it is hard to comprehend, meaning you wasted your time posting.

But if you don't want to hear friendly advice ...

cladcat6

Hello

I also fallen for legalcare.co.uk scam. I signed back in the end of January and been chased for money ever since. The advice I got from them wasn't a proper legal advice so I cancelled my agreement with Paypal as I thought it was enough after 7 days of subscription. Then after a week or so I started receiving threatening emails from legal care that they will take legal actions so I decided to make a payment via Paypal of £168. Then opened dispute with Paypal which I didn't win as Paypal doesn't cover for services.
In Legal Care terms and conditions it does actually state that they are not a legal firm and they don't give legal advice and that no solicitor-client relationship is being created. I was shocked when I read that.
Next phoned my bank HSBC and in the end received my money back through a chargeback. I though it was all sorted. After that I was still receiving emails from them threatening me with legal actions if I don't pay, so phoned citizen advice consumer line, ombudsman and they were not willing to help me.
Citizen advice line advised me to state misrepresentation act 1967 which didn't help. Now I'm receiving letters home threatening me with further legal actions. I'm at the stage that I'm willing to write to BBC watchdog. Just hoping that more of you which have the same problem can sign under my letter to BBC WATCHDOG so it gets highlighted in media. Looking forward to receiving your replies to me.

Slowhand

Julia you shouldn't post your email address as it's against MSE rules. You should edit your post and delete it.