Fallen foul of Easyspace auto-renewal...

unholyangel

arcon5 wrote: »

So what is it about their terms that is illegal that affects op?

That could potentially affect the OP? That they require 12 months notice to cancel a yearly plan, that they make the entire contract price payable no matter the circumstances (or irrespective of their actual losses), the fact that they dont currently comply with CCRs so probably weren't compliant when OP took the original contract with them, that their terms allow them to be negligent with impunity (and without giving notice!) yet allow them to heavily penalise the customer for even the slightest breach. Its a horribly one sided contract.

5.19.2 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.

5.19.3 A term which could have the effect of automatically renewing a contract is
more likely to be fair if the renewal term is properly brought to the consumer’s
attention before entering the contract (see part 2 of the guidance
under the heading ‘the Transparency test’) and the contract requires that
the consumer is sent a reminder a reasonable time before the renewal
takes effect, provided it is accompanied by appropriate information
covering, in particular
 the terms of the proposed renewal of the contract; and
 any steps consumers are reasonably required to take to notify the trader
of their intention that the contract should not be renewed.

Was it adequately brought to their notice at the time of entering the contract? Was a reminder sent accompanied by the appropriate information? I don't know the answer to these questions, but its definitely not just a case of "this is what the small print says no ifs or buts".

I find it quite strange they only say they will "attempt" to send a reminder notice though. Is it really that hard to send a reminder that you can only attempt to do it?

unholyangel

powerful_Rogue wrote: »

No need to be sarky. You hardly went into details in your post so was hard to know what you was referring to.

Yes, the terms are the same as a year ago.

Auto renew seems to be the standard for web hosting companies for a very valid reason.

Sorry, wasn't trying to be sarky.

Didn't go into detail because we don't really have enough detail to say one way or another - I was just suggesting a possible avenue that might be explored if OP chooses to update and answer some questions.

ARandomMiser

unholyangel wrote: »

I find it quite strange they only say they will "attempt" to send a reminder notice though. Is it really that hard to send a reminder that you can only attempt to do it?

That is the best that anybody can do. People change email addresses, physical addresses, phone numbers etc. With electronic communication things can get diverted to spam, junk or clutter boxes or may even have rules applied that send them to the trash can or some other folder never to have been read.

If you have not updated your contact details or included certain email addresses as valid then the best any company can do is 'attempt' to contact you. For them to say 'we will contact you' would be incorrect. Also the context in which they use 'attempt' is explained through multiple retries.

TheNibbler

Hi Guys

Thanks for your input. It was 5 years ago I signed up with them, like other posters on here who successfully did a Visa Chargeback I used waybackmachine.org to see if my orig T&C gave me an "out", it didn't. Their T&Cs seem unchanged in 5 years regarding this matter.

They email you if there's a problem, they email you after they take payment, what they don't do is email you before they take your money! I guess this is a great money spinner for them, even if it means their reputation is mud.

I've asked for a better offer if they wish to retain me as a customer, wish me luck!

TheNibbler

ARandomMiser wrote: »

That is the best that anybody can do. People change email addresses, physical addresses, phone numbers etc. With electronic communication things can get diverted to spam, junk or clutter boxes or may even have rules applied that send them to the trash can or some other folder never to have been read.

If you have not updated your contact details or included certain email addresses as valid then the best any company can do is 'attempt' to contact you. For them to say 'we will contact you' would be incorrect. Also the context in which they use 'attempt' is explained through multiple retries.

They don't attempt to email, call, text or write though. Their "contact you" is them adding something buried within your online control panel, which you would only see if you happened to log in every day, and who on earth does that?

It's very sly on their behalf.