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

Eversir

Oh the irony of LegalNoCare using third-party solicitors...

Standard practice with debt recovery usually, might be just trying it on to scare you into paying.

If it were me (and it probably will be soon!) I'd pop their solicitors a polite but firm reply via recorded mail stating that no debt exists with their client as no contract exists between yourself and the company. Maybe demand that they send you proof such a contract was agreed and signed by yourself? Might trip them up a bit. "Err....we don't have any paperwork to provide you..."

I'm also tempted to try "No Contract - Return to sender" when my turn comes around....



Disclaimer: not a solicitor - still up to you what you do.

gogsp

Hey everyone,

I too have fallen foul of this scam, used paypal to cancel thinking that was enough. I am being threatened with a collection agency. I will absolutely not be paying.

I am going to respond to their latest email, but just to re-iterate, the 'cancel' button was not available on their site, is that correct?

Cheers

Danie1le

I have had a free initial consultation with a local solicitor and this is what they have told me.

"Presumably you have cancelled payment of the monthly amounts. If you have done this successfully then all Legalcare can do is sue you. If they do this would proceed in small claims court and they are unlikely to win or even attempt this"

gogsp wrote: »

Hey everyone,

I am going to respond to their latest email, but just to re-iterate, the 'cancel' button was not available on their site, is that correct?

Cheers

There definitely was no option to cancel on their website, I wanted to close my account completely.

Eversir

Couldn't find one anywhere myself, others will need to confirm this.

gogsp

response from LC



We refute the claim that we do not provide a cancellation button during our free trial. In order to cancel your free trial, you must simply visit the account section of your dashboard by selecting ‘Account’ , which is clearly located in the top right hand corner of your dashboard, and then select ‘Cancel’ which is located clearly again in the right hand corner. This is clearly detailed in our terms and conditions accepted by you.

Eversir

Obviously they are assuming you agreed to the terms and conditions they are referring to, which I guess you haven't because you couldn't see the second set via a rather sneaky hyperlink either, right?

wealdroam

Eversir wrote: »

Obviously they are assuming you agreed to the terms and conditions they are referring to, which I guess you haven't because you couldn't see the second set via a rather sneaky hyperlink either, right?

I have not delved far enough into their website, but are you saying that is possible to sign up for the trial without agreeing to the second set of T&Cs?

Or are you saying that people could be forgiven for ticking the 'I agree to the T&Cs' box (or something similar) without realising that there is a second set of T&Cs?

Eversir

In a nutshell:

- Website clearly presents a set of T&C on every page within the footer. Doesn't mention anything re: cancellation procedure in this document

- Website has a second set of T&C's during the sign up process, however this is in the form a hyperlink which is not clearly visible (black within a section of black text).

- Quite a few people (myself included) have quite understandably not seen this second set of T&C's during the sign up process, and hence when it asks have you read the terms and conditions many believed this was in reference to the T&C's present within the footer of the site.

- Equally, when wishing to cancel during the 14 day trial, it has not been possible to locate where to cancel on their website, hence why many cancelled via PayPal (LegalCare's only subscription method) within the 14 day period.

I have uploaded some screenshots from their website in a previous post - this is more convenient to view than going through the sign-up process again. I have also posted an article regarding diminishing assent to contracts via the web - gives a little background info regarding what is acceptable and what is not.

Danie1le

I have just had a response from the Citizens Advice Consumer Service....

In general terms when a consumer signs up to a free trial it is generally presumed that they have read and understood the terms and conditions as these may ultimately be what a consumer is bound to. They are likely to explain the time duration in which the trial is for free. Thereafter you may need to pay unless you can demonstrate that you followed the correct means of cancelling. As such it is important that you read over the terms and conditions as to see what is stipulated with regards to cancelling the trial as to prevent payment. It is then important that you follow up on this at your earliest opportunity.

You can argue that any terms and conditions which were provided after the forming of the contract are unenforceable. This means that you and the trader can only be bound to the terms agreed to prior to the forming of the contract. Therefore if the trader is referring to terms and conditions that you weren’t made aware of until after the contract was formed then you can argue that you can’t be held to them.

Any supporting evidence you have to show that the trader has breached the contract is going to be useful and you should present this to the trader when making your complaint.

wealdroam wrote: »

Or are you saying that people could be forgiven for ticking the 'I agree to the T&Cs' box (or something similar) without realising that there is a second set of T&Cs?

When I clicked that I agreed to the T&C's it was the ones which appear at the bottom of every page of their website, that I read when I first found their website, that I believed I was agreeing to. There was nothing during the sign up process to differentiate or highlight any further terms and conditions.

bod1467

Eversir wrote: »

I have uploaded some screenshots from their website in a previous post - this is more convenient to view than going through the sign-up process again.

http://forums.moneysavingexpert.com/showpost.php?p=60591623&postcount=52