Distance Selling regulation and cancellation of service - Entitled to money back?

daytona0

Ok so basically I signed up to experian credit report, paid 4 a month (14.99) and got the free month too and then decided to cancel it. I emailed in on Jan 21st and said;

I would like my membership cancelling with immediate effect. If applicable I would like to exercise a right of cancelling any sort of "contract" with you at this point (if it is still within the time frame to do so), otherwise I am merely requesting a cancellation of the membership as I would otherwise do on the phone.

Please invoice me any owed amount on my account and I will pay this within 14 days.



They replied saying their t+c's state that you have to ring a phone number which costs money (no mention o my rights to cancel under SOGA or DSr) So basically they have charged me 29.98 since then and I have only just noticed recently.

On the 21st March I send a pdf attachment stating;


Dear Sir/Madam,
I am contacting you with regards to my membership which currently falls
under the membership ID of *****. I have previously contacted you
on the 21st January 2014 ) to
request cancellation of my contract with immediate effect. On the 20th
February I have advised you that my contact was cancelled.

Under the Distance Selling regulations I am given the right to cancel the
contract of service through any durable medium (which includes email)
and the cancellation period is extended to 3 months when the required
cancellation information is not provided. I currently consider the contract
cancelled with yourselves as of the 21st January unless more information
is provided with regards to this cancellation.
This letter is official notification that I will be contacting trading
standards in 14 days if no relevant information is provided and also
if you do not refund the amount of 29.98 pounds which is the amount you
have charged during the period when my contract was cancelled.

I have been previously advised that you are an inbound call centre and do
not accept outbound phone calls. I would advise that I currently work *****
in their inbound call centre and you will have the facility to make
outbound calls as we also do, so I consider this impeding my rights. I can
pass on a phone number for you to contact me upon request to cancel the
contract where applicable.



They have very kindly cancelled my membership today! But they refuse to refund the amount. During the period I have not used my account at all either


Anyone know if I am entitled to claim back either of the 14.99 payments I have made between Jan 21st and now? Or was I slightly wrong with the DSr?

wealdroam

daytona0 wrote: »

Ok so basically I signed up to experian credit report, paid 4 a month (14.99) and got the free month too and then decided to cancel it. I emailed in on Jan 21st and said;

I would like my membership cancelling with immediate effect. If applicable I would like to exercise a right of cancelling any sort of "contract" with you at this point (if it is still within the time frame to do so), otherwise I am merely requesting a cancellation of the membership as I would otherwise do on the phone.

Please invoice me any owed amount on my account and I will pay this within 14 days.



They replied saying their t+c's state that you have to ring a phone number which costs money (no mention o my rights to cancel under SOGA or DSr) So basically they have charged me 29.98 since then and I have only just noticed recently.

On the 21st March I send a pdf attachment stating;


Dear Sir/Madam,
I am contacting you with regards to my membership which currently falls
under the membership ID of *****. I have previously contacted you
on the 21st January 2014 ) to
request cancellation of my contract with immediate effect. On the 20th
February I have advised you that my contact was cancelled.

Under the Distance Selling regulations I am given the right to cancel the
contract of service through any durable medium (which includes email)
and the cancellation period is extended to 3 months when the required
cancellation information is not provided. I currently consider the contract
cancelled with yourselves as of the 21st January unless more information
is provided with regards to this cancellation.
This letter is official notification that I will be contacting trading
standards in 14 days if no relevant information is provided and also
if you do not refund the amount of 29.98 pounds which is the amount you
have charged during the period when my contract was cancelled.

I have been previously advised that you are an inbound call centre and do
not accept outbound phone calls. I would advise that I currently work *****
in their inbound call centre and you will have the facility to make
outbound calls as we also do, so I consider this impeding my rights. I can
pass on a phone number for you to contact me upon request to cancel the
contract where applicable.



They have very kindly cancelled my membership today! But they refuse to refund the amount. During the period I have not used my account at all either


Anyone know if I am entitled to claim back either of the 14.99 payments I have made between Jan 21st and now? Or was I slightly wrong with the DSr?

Sorry, but you didn't read enough of the Distance Selling Regulations.

As they have provided the service to you during that three months, your right to cancel no longer exists.

You need to read Regulation 13 of the DSRs.

Just to add that as you didn't cancel your subscription using the required method, i.e. by phone, then effectively you did not cancel your contract then.
As you did not cancel in January, of course they are entitled to continue to charge you until you do cancel properly.

If I were you, I wouldn't trouble Trading Standards with this.

DaveTheMus

Calling them on the phone would have surely cost less than £29.98...

LondonGal

Say No to 0870 gives a variety of landlines for Experian. Could you have called one these free of charge?

Money-Saving-King

daytona0 wrote: »

Ok so basically I signed up to experian credit report, paid 4 a month (14.99) and got the free month too and then decided to cancel it. I emailed in on Jan 21st and said;

Anyone know if I am entitled to claim back either of the 14.99 payments I have made between Jan 21st and now? Or was I slightly wrong with the DSr?

With the DSR you have just embarrassed yourself with your little knowledge, why try to use laws you don't know? You'll get the company in question laughing at you.

I used them and remember cancelling, I had to cancel by phone. Having a quick look (took 3 seconds) it seems to be you still have to do that via a free phone number. http://experian.co.uk/consumer/questions/askjames300.html

Why did you email them?

This is the thing about some threads on here that frustrates me so much. People come on here complaining but have they done anything as they should have?

The op came on here with exerts of emails with laws the op knows nothing about, the op didn't even bother to find out the correct way to cancel (took me 3 seconds) and comes on here asking about rights etc.

These are simple things to do I just wonder how some people seem to go such a strange way about life and complicate things so much then wonder why it's all gone wrong?

daytona0

Money-Saving-King wrote: »

With the DSR you have just embarrassed yourself with your little knowledge, why try to use laws you don't know? You'll get the company in question laughing at you.

I used them and remember cancelling, I had to cancel by phone. Having a quick look (took 3 seconds) it seems to be you still have to do that via a free phone number. http://experian.co.uk/consumer/questions/askjames300.html

Why did you email them?

This is the thing about some threads on here that frustrates me so much. People come on here complaining but have they done anything as they should have?

The op came on here with exerts of emails with laws the op knows nothing about, the op didn't even bother to find out the correct way to cancel (took me 3 seconds) and comes on here asking about rights etc.

These are simple things to do I just wonder how some people seem to go such a strange way about life and complicate things so much then wonder why it's all gone wrong?

I was only asking a question lol. People a bit too eager to have their own say about situations they don't fully understand.


With regards to the question I asked, someone else has answered so thanks to them

keyser666

Cant be arsed reading that when you want to put it in a grey colour

RosiPossum

I cancelled on their website, there was a form specifically for cancelling.

cookie365

I called their freephone number to cancel my trial

0800 561 0083

anmarj

I cancelled using the email, but it was specific to what had been taken out that I could use the web and did so within the free month.

http://help.creditexpert.co.uk/help/CreditExpertBRS/Cancel_and_duration/Cancelemail2

found this:

Cancelling your membership by email

If your membership includes insurance: You can cancel your membership within 14 days by email, beginning the day after you receive the insurance policy documents from us or an email from us to access the insurance policy documents. You can do this by emailing your cancellation request to [EMAIL="membership@creditexpert.co.uk"]membership@creditexpert.co.uk[/EMAIL]
When contacting us by email to cancel your membership, you must include the following information in the body of the e-mail:
- Your request to cancel your CreditExpert membership
- Your full name
- Your unique eight-digit report reference number. This is displayed within the member centre part of the website
- The most recent email address that you have given to us as part of your membership information. If you are unsure as to which email address you have provided on your membership, you can find this within the 'my details' part of the member centre online.
We need all of this information to be able to identify you on our system and to validate that it is you that has sent the cancellation email.
IMPORTANT: If your membership does not include insurance, any e-mail cancellation request will be invalid and your membership will remain active. You must call us on 0800 561 0083 if you wish to cancel your membership.

laineybird2000

Money-Saving-King wrote: »

With the DSR you have just embarrassed yourself with your little knowledge, why try to use laws you don't know? You'll get the company in question laughing at you.

I used them and remember cancelling, I had to cancel by phone. Having a quick look (took 3 seconds) it seems to be you still have to do that via a free phone number. http://experian.co.uk/consumer/questions/askjames300.html

Why did you email them?

This is the thing about some threads on here that frustrates me so much. People come on here complaining but have they done anything as they should have?

The op came on here with exerts of emails with laws the op knows nothing about, the op didn't even bother to find out the correct way to cancel (took me 3 seconds) and comes on here asking about rights etc.

These are simple things to do I just wonder how some people seem to go such a strange way about life and complicate things so much then wonder why it's all gone wrong?

Wow... How has the op embarrassed himself? It's rants like this one that gives these forums a bad name. Poor fella only asked a question. Perhaps time to educate yourself on the forum rules, you know, being pleasant, tolerant maybe? Perhaps get yourself a beer or a hug from somewhere if today has just been 'one of those'... You can have one of my beers if you need it, mum always said to be kind, and something about the cost of manners... X