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

dalesrider

anupadu wrote: »

I didnt mention that someone else had been offered a reduced payment deal, or specifically say that they would have to take me to court (although i think that is clear from emails). dont know if you think this is worth trying?

You did not have to submit cancellation requests with both us and PayPal, only us.

Some people won't like this.

But as I deal with this on a daily basis and this falls under PSD, which is a EU directive (paypal fall under this).
So by cancelling with PP you have forfilled all you need to do, under this regulation.

Let them take you to court. And see what happens.

Bet that despite all the bluster they will not as they know that it is not worth the cost to them.

So send them a email quoting Payment Services Directive and YOUR right to cancel via your payment provider. It is then upto PP to inform the company.
As you advised PP within the 14 day period. You have forfilled your part of the cancelation process as per the EU PSD directive 2007.
As such you now consider the matter closed and as such you are no paying them.

sharper13

I tried the Psd directive thing and got back this response. Am I to just play a waiting game?.......


Thank you for your email.

We acknowledge your referral to the Payment Services Directive but this does not affect the contract you hold with LegalCare. It is an EU directive that has been implemented in the UK by The Payment Services Regulations 2009. It applies to companies that provide payment services (e.g. Paypal), it does not apply to LegalCare and the services we provide.

Just to reiterate, you signed up for our 14 Day free trial, during which you were free to cancel at any point, by simply selecting ‘Cancel’ on the account section of your dashboard. As your account was not cancelled during the trial period, it was then rolled into a 12 month subscription, and the associated fee charged in accordance with Terms and Conditions accepted by you. We are sorry that you did not read these fully, however you did tick the box to confirm that you had read and understood them, and by accepting our terms and conditions you agreed to enter into a legally binding contract with LegalCare.

Given the above, that we did not receive a valid cancellation request during your free trial period, we cannot accept your early cancellation request, and must ask that payment be made without further delay.

Failure to pay will leave us no option but to issue legal proceedings against you.

We trust this is clear.

Kind regards,

Accounts Department


LegalCare is a trading name of Aska Professional Limited
Registered Office Address: Maritime House, Basin Road North, Brighton and Hove, East Sussex, BN41 1WR.
Registered in England No 06672529



From: Scott Harper [mailto:scott@harperz.co.uk]
Sent: 26 March 2013 18:30
To: 'legalcare accounts'
Subject: RE: Your LegalCare Payment

Sir/Madam

Id like to quote Payment Services Directive.
As my right to cancel via my payment provider.
As I advised PayPal within the 14 day period, I have fulfilled my part of the cancelation process as per the EU PSD directive 2007.
As such I now consider the matter closed and would be grateful of no further communication/dealings with yourselves.


Regards

Scott Harper

wealdroam

sharper13 wrote: »

I tried the Psd directive thing and got back this response. Am I to just play a waiting game?.......

<snip>

If the PSD is applicable, and I am one who does not think it is, then it appears that Paypal have failed to fulfill their obligations by not advising LegalCare that the contract is cancelled.
Surely LegalCare cannot be blamed for not honouring a request they knew nothing about?

Perhaps it is Paypal you need to chastise.

sharper13

Legalcare have admitted receiving confirmation from PayPal that the payment was cancelled this was done within hours of starting it I'd say within 4 hours. They have left all communication with myself till over a month later.
They can see from records I had only asked a question in the signing in process.
How can this not be a complete scam?

anupadu

Hi Scott,

Did you end up paying in the end, or did you hold out and they added the debt collector admin fees to your fee?

I am due to pay today otherwise they will add the £50 and i dont know whether i should just give up and try and find the money each month to avoid the £50, or whether if i hold out they will offer me a reduced amount.

This whole thing is so annoying,these guys play on people's innocent mistakes.

Thanks

dalesrider

sharper13 wrote: »

We acknowledge your referral to the Payment Services Directive but this does not affect the contract you hold with LegalCare. It is an EU directive that has been implemented in the UK by The Payment Services Regulations 2009. It applies to companies that provide payment services (e.g. Paypal), it does not apply to LegalCare and the services we provide.

Just to reiterate, you signed up for our 14 Day free trial, during which you were free to cancel at any point, by simply selecting ‘Cancel’ on the account section of your dashboard. As your account was not cancelled during the trial period, it was then rolled into a 12 month subscription, and the associated fee charged in accordance with Terms and Conditions accepted by you. We are sorry that you did not read these fully, however you did tick the box to confirm that you had read and understood them, and by accepting our terms and conditions you agreed to enter into a legally binding contract with LegalCare.

So let them take it to court and see where it goes. If you do get any offical court papers then you need to contact the FSA for their support as they are the ones who have implemented PSD in the UK.

Odds on they will never take it to court..

Clearly they do not understand that part of PSD is a consumers right to cancel via the payment processer.

Now you just need to sit tight and not do anything.

anupadu

i spoke to the fsa who said that legalcare are not regulated by them and that they are not covered by the psd regulations. i think your point is not valid and i dont think any of us want to go to court. easier to suggest that when your not the one being chased!

legalcarehelp

I am in the same boat. Cancelled trial via PayPal on the same day I started it. I've only asked one question during the signup process, cancelled via Paypal and never logged in again. I simply don't have the money they require. What can I do about this?
If you check the terms&conditions here (legalcare.co.uk/terms-and-conditions), the trial is not even mentioned. Does this help in any way? When I log in LegalCare's dashboard, I am told that I'm "one step away from becoming a LegalCare user" and I'm presented with 2 PayPal buttons to click; therefore I didn't even have access to the service after the trial expired...

I would really appreciate any help with this.

Yulter

I argued the Terms and conditions, however apparently having "further" terms and conditions during the sign up process is fine too, and they have apparently hidden the cancellation terms in there.

I also had the problem of not being able to do squat on the account other then pay £200 after the trial, could not even see my account info, not sure how legal that is, as if they have my personal information surely I should be able to go in there and at least see the information they hold on me if they are not going to get rid of it.

legalcarehelp

Yes, you're right. I also wish to check the info. What can they actually do to pursue this further? Contact Paypal? Do we need to defend ourselves in court? We have basically not used the service at all... Never faced this kind of problem before, I'm getting a bit stressed about this...

P.S can you send me a skype/email address in a PM? I cannot send multiple messages as a new user