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

imoneyop

Eversir wrote: »

Lol...found another change on LegalCare - this time however in the terms and conditions listed in the footer.

They've added this sentence into the "Terms and Conditions" clause:

"There are separate terms and conditions for our free trial and subscription service."

- That isn't present on my screenshot dated 9th April. Pretty sure any sane person has to wonder why. Think a judge would look over all these last minute with some scrutiny too.

Your continued reliance on minor tweaks to the website really isn't going to do you much good as they do not relate to the T&C at the time that you signed up. Do you even have the screenshots for the day that you signed up?

The judge will make his/her decision based on the balance of probability of whether you were aware of what you signed up for.

The fact is that there was a large link saying something like "T&C download here" and a box below to tick to say you agreed to the terms. You and all the others have ticked the box assuming they were the same T&C at the bottom of the page (if you even read those) and therefore agreed to something that you hadn't bothered to read.

Take a coin and flip it, because that is how certain you are of winning if it got to court.

Danie1le

gb12345 wrote: »

Your arguments have more holes than a piece of Emmental I'm afraid.

This doesn't even form the basis of my argument against Legal Care, I have two much more valid points following advice from the Citizens Advice Consumer Service and a local solicitor, both of which have been ignored by you, yet this issue with the screenshots is the one you decide to pick at?

I think that I will trust the judgement of legal professionals over yours thank you very much.

Danie1le wrote: »

The CAB referred me onto the Citizens Advice Consumer Service who referred me to the Legal Ombundsman who referred me back to the CAB Consumer Service.

They advised me that the Legal Care T&C's could be seen as unenforceable in the eyes of the law because any T&C's for services offered should be easily and publicly accessible on their website for use by the media, for example. The T&C's for LegalCare's services are ONLY accessible by gong through the sign up process.

Furthermore, during the sign up process, while it may be clear that the T&C's are available to download, it is NOT clear that these differentiate or contain further conditions from those set out on every page of their website. Some people may go on to read them, but I and many others ticked the box in good faith that the T&C's we had already read (on their website) were the terms we were agreeing to.

I have also been advised similar in an initial consultation with a local solicitor who told me that Legal Care are unlikely to win on these grounds should it go to court.

dalesrider

imoneyop wrote: »

Yet another example of the out of touch lawmakers in the EU not thinking through what they are implementing.

Nowt new there then :rotfl:
Fact is many of the issue that people face with getting banks to stop payments, is fully due to the above.
Had the EU talked to Visa/MasterCard etc who implement these payments and told them of their plans and that they need to put something in place. Would have solved this whole issue long before it even started.
Instead they have simply told the banks that they have to break the T/C of the Visa regulations by not taking payments that have been agreed....

imoneyop wrote: »

Next we'll be getting pay day loan borrowers saying they don't owe their lender any money because they cancelled the contract by advising their bank to cancel the CPA.

We have already been there.... Which is one reason many banks would not would not action these requests. But after referral to the FSA. Banks were told that it has to be done :mad:

As much as I hate PDL co's. They often are doing nothing wrong, other than getting their loan back.

Bamber19

dalesrider wrote: »

Nowt new there then :rotfl:
Fact is many of the issue that people face with getting banks to stop payments, is fully due to the above.
Had the EU talked to Visa/MasterCard etc who implement these payments and told them of their plans and that they need to put something in place. Would have solved this whole issue long before it even started.
Instead they have simply told the banks that they have to break the T/C of the Visa regulations by not taking payments that have been agreed....




We have already been there.... Which is one reason many banks would not would not action these requests. But after referral to the FSA. Banks were told that it has to be done :mad:

As much as I hate PDL co's. They often are doing nothing wrong, other than getting their loan back.

Only quoting you tog et your attention but sicne you appear to be working with the regulations on a daily basis would you be able to direct me to the part of the Payment Services Regulations 2009 (UK parliament implementation of the directive) that is relevant to this situation and says cancelling a third party payment service equates to cancelling a contract? It would save me some time in reading mostly irrelevant aprts of the regulations.

wealdroam

From MSE's forum rules:

What are the rules on copyright?
We ask forum users not to copy long text from other publications/websites as it may breach their copyright. If you want to let people know about something you saw or read elsewhere please use short quotes and state where you got them from, preferably by giving a link to the article.

This is probably the link you meant to post:
http://www.adviceguide.org.uk/england/consumer_e/consumer_protection_for_the_consumer_e/consumer_unfair_trading_e/consumer_overview_of_unfair_trading_practices_e/misleading_actions_unfair_commercial_practices.htm

Eversir

Just found two major unfair contract terms in their additional terms they sent me a copy of (seeing as though I never saw it originally).

Found a possible third as well (quite serious too actually), but I need to consult my solicitor on that one to be certain.

In addition to that, they've breached their own contract terms by trying to mislead me with information in direct contradiction with something written into their terms.

Going to wait for their apparently "inevitable" claim form to come through the post before posting the details up here, don't want to give them opportunity to undermine my defence in any way, as they are no doubt reading this now. Anyone affected, I strongly urge you to re-read the terms and conditions if LegalCare sent you a copy.

Eversir

cladcat6, pretty much as slowhand says regarding MSE rules. I think he/she is maybe being a bit unconstructive about it, but you really should go and read to see what is kosher and what isn't so you don't get into trouble. Link is right at the bottom of this page, should take no longer than about 10-15 minutes to read through.

Regardless I don't want to jeopardize my case at this early stage of the process by posting the main aspects of my defence prematurely - if things progress I might post more information up here at a later date, we'll see.

As I said, if you have had a copy of the T&C sent to you by LegalCare then you need to scour it and do some homework on what your statutory rights are. That's all I will say for now.

t2000becky

Hi
Going through same issue as everyone else
Anyone got anywhere with it yet?
They keep sending me the same reply "it was in the t&c's
Running out of options now!
Had the solicitor letter too.... maybe i should offer to pay £1 a week... and then send them 100 1ps... lol
Bex

Eversir

All quiet for me, not sure about anyone else.

sharper13

had Legalcares solicitors on the phone again still not budging and want full payment, has anyone else had any luck?