Need advice about LiveDrive

Emma64

I started a LiveDrive account in mid December last year, which I (voluntarily) did not convert into a paid account, because I didn't have the money at that point. I renewed it a couple of days ago; what I was hoping was that the renewal date from then on would be in January. Unfortunately, it looks like it isn't the case, so I wanted my money back. I immediately opened a support ticket to that effect, with no reply whatsoever from LiveDrive, opened more support tickets (still no reply) and finally managed to get a response by phoning pretending I was a new customer (phoning as an existing customer is just an aautomated system that tells you to open a support ticket). So my account will finally be closed (or so I'm told). That's one good thing.

However, I will not be getting any money back, because they do not "provide refunds on the unused portion of your subscription".

So I'm wondering - are they within their right to do that? I was under the impression that - generally speaking - when you entered into a contract online you have a cooling off period during which you can cancel without penalties? Does money have to be involved to mark the starting point of a contract? In other words, because I didn't formally cancel the contract a few days (or whatever the allowed cooling off period is) after entering into it, that cooling off period has now expired, even though no money was paid? (It also got me thinking....if I hadn't gone ahead, would they have been legally entitled to chase me for the money until I paid? Because it seems to me that's the other side of the coin...)

If they are within their rights, I'll chalk it up to experience, but I'd love a second opinion (the more informed the better).

bod1467

Are they a UK-based company? (I can't access their site here at work, as most cloud storage sites are blocked).

Emma64

Yes, they're based in London.

bod1467

Anything which is a service is excluded from the unconditional right to cancel under the Distance Selling Regulations, so you won't have a legal right to cancel. Thus you are at the mercy of their cancellation policy.

HOWEVER ... their policy (terms) must be "fair". If they allow you to cancel but charge you, say, 1 month fee to do so then that is fair. If they allow you to cancel but they refund nothing (i.e. retain the full annual fee) then that is NOT fair and would fall foul of the Unfair Terms in Consumer Contract Regulations.

You may need to send them a Letter Before Action, possibly followed by small claims court action, to kick them into gear.

How much are we talking about?

WTFH

When you say "mid December" was it before 23rd December i.e. more than 14 days ago?
And are you talking about December 2012 or 2013?
What renewal date have they given you?
What plan are you on and what is the monthly cost?

WTFH

OK, I think I've got a bit more info than we've been told so far...
They do a free 14 day trial.
In their terms it states:
"If you do not cancel your service prior to the end of the free trial period the fees for the first month, quarter or year of your service will become due. "
https://www.livedrive.com/terms-of-use
So, if you didn't cancel it, then you owe the money for everything from when the 14 day trial ended. The trial is 14 days. Anything longer than that is payable.

Emma64

bod1467 wrote: »

Anything which is a service is excluded from the unconditional right to cancel under the Distance Selling Regulations, so you won't have a legal right to cancel. Thus you are at the mercy of their cancellation policy.

OK, good to know, thanks.

bod1467 wrote: »

HOWEVER ... their policy (terms) must be "fair". If they allow you to cancel but charge you, say, 1 month fee to do so then that is fair. If they allow you to cancel but they refund nothing (i.e. retain the full annual fee) then that is NOT fair and would fall foul of the Unfair Terms in Consumer Contract Regulations.

You may need to send them a Letter Before Action, possibly followed by small claims court action, to kick them into gear.

How much are we talking about?

@Bod1467
Well, they're keeping the whole amount, 2 years fees, £72. So I guess it might be more expensive to try and get it back, but but if I can get it back, I'd like to. If nothing else, I'd find it useful to know where I stand and what my options are, if only to avoid making the same mistake again/ know what I can do should something like that happen again. And yes, I could understand them keeping some money, but the full amount? That doesn't seem fair to me. Who decides whether the terms of a policy are fair? The small claims court if I decide to go down that route?


@WTFH
Yes, I was talking about this December just past.

WTFH

OK, so what date in December did your free trial finish?
And if it's £72, that's £3 per month. So it's the base package.

bod1467

I would argue that retaining 2 years fees whilst providing no service would be an unfair term, and so fall foul of the UTCCR 1999 and maybe also the CPUTR 2008. I'd suggest to get back to them with a counter-offer ... e.g. £10 to cover one month fees plus some admin costs.

If they reject this then WRITE to them (Letter Before Action) to make the same offer and advise them that rejection of this offer will lead to small claims court action, wherein you will claim a full refund PLUS your costs in bringing the action. Give them 14 days to respond.

If they still reject (or don't respond) ... https://www.moneyclaim.gov.uk/web/mcol/welcome

Emma64

bod1467 wrote: »

I would argue that retaining 2 years fees whilst providing no service would be an unfair term, and so fall foul of the UTCCR 1999 and maybe also the CPUTR 2008. I'd suggest to get back to them with a counter-offer ... e.g. £10 to cover one month fees plus some admin costs.

If they reject this then WRITE to them (Letter Before Action) to make the same offer and advise them that rejection of this offer will lead to small claims court action, wherein you will claim a full refund PLUS your costs in bringing the action. Give them 14 days to respond.

If they still reject (or don't respond) ... https://www.moneyclaim.gov.uk/web/mcol/welcome

Thanks, very useful. Is there any way to assess whether such a claim would be successful? (Not asking for much, am I!)

Emma64

WTFH wrote: »

OK, so what date in December did your free trial finish?

Dunno, I can find out if it's important?