Match dot com - auto renewal

zerodefect

In a bid to find love, I joined Match dot com exactly 6 months ago. After about 4 months, I realized that I wasn't getting what I wanted out of the site, and I cancelled (or so I thought) my membership.

Well, 6 months came knocking around on Thursday; I checked my current account and was horrified to discover that a large amount had been debited against my account - an additional 6 months worth.

I called up their customer service line only to discover that they have no history of me ever cancelling the auto-renewal. Apparently, I should have received a confirmation email of the cancellation (which I never received). Admittedly, I hold my hand up and admit that I should have followed this through more thoroughly and taken additional action.

Well I had hoped that I would be able to call and cancel (there would be a cooling off period of say 7 days), but the company is refusing to reimburse me. I've had a read over their terms and conditions (available online), and I've had a few questions. I can't profess to having the best reading comprehension; I'm hoping I can get some advice.

1. I was never informed (via post or email) that that the subscription was about to expire and that it was due to automatically renew.
2. In Article 3 of their T&C's, it states that the, "right of cancellation does not apply once you have started to use the relevant Services." They don't outline what constitutes 'using' the service. I've only logged in to cancel the automatic renewal; I haven't viewed any profiles or tried to make contact with any individuals.
3. Do I not have any protection as per the 'Consumer Protection (Distance Selling) Regulations 2000'. I know it gets a bit tricky when it comes to services.


And yes, I should have read the T&Cs. You live and learn. :mad:

InsideInsurance

zerodefect wrote: »

1. I was never informed (via post or email) that that the subscription was about to expire and that it was due to automatically renew.
2. In Article 3 of their T&C's, it states that the, "right of cancellation does not apply once you have started to use the relevant Services." They don't outline what constitutes 'using' the service. I've only logged in to cancel the automatic renewal; I haven't viewed any profiles or tried to make contact with any individuals.
3. Do I not have any protection as per the 'Consumer Protection (Distance Selling) Regulations 2000'. I know it gets a bit tricky when it comes to services.

1) No requirement for them to do so unless their terms state they will

2) Your getting very technical and probably into the area which lawyers earn millions over arguing.

3) DSR cancellation rights stop as soon as a service commences. As you'd have instant access to all the features you were paying for the statutory rights immediately expire

You need to read up exactly what their cancellation process is and what you did. Do you have any evidence the cancellation was sent?

wealdroam

Have you checked your email spam folder for any cancellation confirmation?

zerodefect

Thanks for your prompt response.

InsideInsurance wrote: »

Do you have any evidence the cancellation was sent?

No, I've gone through my email (and spam), and I can't find any confirmation emails.

InsideInsurance

zerodefect wrote: »

No, I've gone through my email (and spam), and I can't find any confirmation emails.

Technically the confirmation email from them isnt required unless their T&Cs state it is

russm1981

I had the same issues with cancellation back in 2011 and decided to take them on. I fundamentally disagree that just because it is in the T&Cs that you agreed to, you can't do anything about it. Those T&Cs still have to be legal, and the law has primacy, so they can be challenged.

Initially I wrote to them, as follows. They replied with a non response so I took them through Small Claims. I won by default, because they were so slow to reply they didn't file a reply in time and were judged against by default. To make this happen you have to wait until their deadline (14 days I think), log in and apply for default judgement before they reply. If you just sit back you'll give them time.

Regardless, I think my legal points were reasonable, and it would be good for someone to take this to conclusion. I will post the text I used in Small Claims in another post - use moneyclaim dot gov dot uk. It costs £30.

It was hugely satisfying to take a call from a very angry lawyer of theirs who could do absolutely nothing except ask where he should send the cheque!

Original letter:

Sir/Madam
I have corresponded with you via email and was unable to resolve the situation described below. Your advisor asked me to put my complaint in writing to the above address before commencing Small Claims Court action.
My complaint relates to a charge for an automatic renewal by you on 28th December having cancelled my subscription once in June 2011 and then again in July 2011. As you’ll see from your records I have not logged in to ‘use’ the website since May 2011, the last message having been sent on 21st May 2011.
My records indicate that I cancelled my subscription shortly after this last use in June 2011. I was therefore extremely surprised to be charged £89.94 on 28 June 2011 but since I was working abroad at the time assumed I had done something wrong. I therefore logged in once again and cancelled my subscription – you have already indicated that your own records confirm this.
Imagine my surprise therefore when I was once again billed on 28 December 2011. This revalidated my initial suspicion that I had been incorrectly billed in June 2011. I am therefore writing to request full and immediate refund of both payments.
If you are unable to resolve this situation in response to this letter, please accept this as formal confirmation that I am commencing action through the UK Small Claims Court. My grounds are likely to be as follows:
1. Your automatic renewal is a breach of The Unfair Terms in Consumer Contracts Regulations 1999 (UTCCRs). UK Government guidance (OFT) states - section 8 (oft.gov.uk)
8.1 A clause which states how long a contract has to run is likely to be among its most important 'core' terms. If a lesser term in small print can be used, relying on customer inertia, to extend the contract period beyond what the consumer would normally expect, it is not a core term, and is liable to be considered unfair.
8.2 Particular suspicion attaches to a term in a contract for a fixed period which, if early notice to cancel is not given, automatically commits the consumer to a renewed fixed term.
2. You failed to notify me of the impending automatic renewal. Additional detailed government guidance provided by Ofcom (stakeholders.ofcom.org.uk/consultations/addcharges/faq) states that a term is likely to be deemed unfair where:
> the supplier doesnt promise to send a reminder notice at a reasonable time before the renewal term is to take effect;
> the terms do not provide for a clear and easy to use opt-out mechanism, without unnecessary formal or procedural requirements;
> there is no cost to the supplier and no benefit to the consumer from the renewed obligation the consumer takes on;
> there are other terms which seek to restrict the chance to opt-out or require too long a notice period; and/or
> the charge for terminating the contract early is unfair (or so high that the consumer doesnt effectively have the right to end the contract).
3. Although a contract if formed ‘online’, there is no equivalent membership cancellation button online. This is an unfair term since a supplier has a duty to allow a consumer to cancel a contract in the same way that he/she signed up to it.

My grounds are therefore strong and I have little to lose by filing my claim with the County Court under the Small Claims process for as little as £30. You will have to spend money to defend this.
I would be grateful for a response within 7 working days,

russm1981

This is what I filled in small claims. As with any company, make sure you pick an obscure but genuine address - for example where the business is registered. The 14days get eaten up as it moves around their internal mail system. Remember to wait and pounce as soon as their deadline has passed to ask for a default judgement. Use moneyclaim.gov.uk

Defendant:
MATCH.COM
The Communications Building
48 Leicester Square
LONDON
WC2H 7LT

Particulars of claim:
Rejection through normal
complaint procedure 1 Feb 12 (member
*******). Relates to two auto renewal
charges Dec 11 (£89.94) and June 11.
I had
cancelled my subscription once in June 11 and
again in July 11 yet still billed. I
have not used website since May 11, last
msg being sent 21 May 11.
The automatic renewal is a breach of The
Unfair Terms in Consumer Contracts
Regulations 1999 (UTCCRs). Reference OFT
guidance section 8.
You failed to notify me of the impending
automatic renewal. Additional detailed
guidance provided by Ofcom.
Although contract formed online you can't
cancel online
The claimant claims interest under section 69
of the County Courts Act 1984 at the rate of
8% a year from 01/06/2011 to 01/06/2012 on
£300.00 and also interest at the same rate
up to the date of judgment or earlier payment
at a daily rate of £24.00.

(last para is entered by system automatically when you say you want interest).

I claimed £300, plus my £25 court fee, plus the interest, so won about £350.

Good luck!

bris

You won by default nothing else, it costs them far more to defend a claim than let it pass by default.

Auto renewals are perfectly legal and can be defended but it costs them far more than the claim is worth so most companies like this just let the go to default rather than send their £300 per hour solicitors in.

strawberries1

Thanks for your detailed post Russm1981!
My situation is as little different as they claim I didn't cancel on autorenew. I alread had autorenew cancelled from last year.

I've now been charged £78 by match.com today via automatic renewal. My subscription in May was for 6 months. I don't understand why they must take it upon themselves to automatically renew my subscription. It's as if their assumed status quo is for one to be on Match forever. Which simply means even they don't believe the site works. I feel thoroughly ripped off as not only do I not find the site useful I can't understand why they'll automatically renew a fixed subscription and choose how long for. Even my insurance doesn't automatically renew.

I believe I cancelled the automatic renewal back then but the match rep I spoke to today says cancellation can only be effected if I have an email to that effect. I can't find said email. Found one from June 2013. If cancelled auto renew then why not let me choose to have it on again f I want to?

I didn't get an email from Match to say they'd debited my paypal account or that my subscription had been renewed, nothing at all. I only came to know via Paypal. How can a company debit your account without giving notice nor receipt?

I've also contacted Paypal but it appears they're in cohorts as Paypal maintains match is a recurring membership and there's nothing they can do about it.

Surely there must be a class action going on regarding this practice?

I've read that the small claims route at the county court is always successful regarding this but before I pursue that I'll be most grateful for other pointers re how to get my money back as I need it to settle some bills urgently.

Thank you.