Trying to get a refund from De Agostini magazine publishers.

Blackbeard_of_Perranporth

All you need to know here.
http://shop.deagostini.co.uk/dinosaurs-and-friends-faq
A email with a link to your digital edition will be sent in two days after you subscribe.
Also cancellation details are included

agrinnall

[Deleted User] wrote:

on linkedin It says Simon Carthew is CFO (Chief Financial Officer) not CEO.
is that who I need to contact or do I need to find out who the CEO is.

Yes, you're right, I misread it. I can't find a CEO, the other name, which may be more relevant, is Amanda Honeybun, the Marketing Director.

vcristian

Hi,

That's what I would do:
-First, talk to your bank and cancel all future payments to them.
-As you said you have already talked to them, try one last time saying you're gonna take further actions like cancel payments.
-Talk to your bank to recover the payments wrongly charged: the extra 1£ and the issues over the 80th you didn't want. If you paid by direct debit you would have more rights. If you paid using just debit card you can use the chargeback system to recover the money for the issues after the 80th, as you didn't sign up for them. For the extra 1£ I'm not so sure, but try anyways, if the company refuse to refund you.

Blackbeard_of_Perranporth

vcristian wrote: »

-First, talk to your bank and cancel all future payments to them.

Bad Advice. Just cancelling a DD does not end your contract. I suggest OP gets in touch via the details I gave above!

agrinnall

Blackbeard_of_Perranporth wrote: »

Bad Advice. Just cancelling a DD does not end your contract. I suggest OP gets in touch via the details I gave above!

It's not a DD, it's a CPA.

Reread the OP, it's perfectly clear that the publisher has already been contacted but are not resolving the issue, so repeating their contact details is of little assistance.

vcristian

Blackbeard_of_Perranporth wrote: »

Bad Advice. Just cancelling a DD does not end your contract. I suggest OP gets in touch via the details I gave above!

I understand the contract is already ended, as the duration was limited and it's overdue, but the company keeps making charges. If the OP already contact them and they don't stop charges, stop the payments.
Unfortunately, some companies are used to do this, taking advantage of people's carelessness, so they keep providing a service even when the contract is over, making it difficult to end the contract with them, like I guess they are doing in this case not answering to OP's queries.

Best thing to do is always sort it out with the companies, but if that doesn't work, send a letter to them saying you are terminating the contract, that you don't want their services anymore and that you're stopping the payments to them. Otherwise, you could end paying more than 100£

unholyangel

vcristian wrote: »

Hi,

That's what I would do:
-First, talk to your bank and cancel all future payments to them.
-As you said you have already talked to them, try one last time saying you're gonna take further actions like cancel payments.
-Talk to your bank to recover the payments wrongly charged: the extra 1£ and the issues over the 80th you didn't want. If you paid by direct debit you would have more rights. If you paid using just debit card you can use the chargeback system to recover the money for the issues after the 80th, as you didn't sign up for them. For the extra 1£ I'm not so sure, but try anyways, if the company refuse to refund you.

vcristian wrote: »

I understand the contract is already ended, as the duration was limited and it's overdue, but the company keeps making charges. If the OP already contact them and they don't stop charges, stop the payments.
Unfortunately, some companies are used to do this, taking advantage of people's carelessness, so they keep providing a service even when the contract is over, making it difficult to end the contract with them, like I guess they are doing in this case not answering to OP's queries.

Best thing to do is always sort it out with the companies, but if that doesn't work, send a letter to them saying you are terminating the contract, that you don't want their services anymore and that you're stopping the payments to them. Otherwise, you could end paying more than 100£

Have you even read the OP's post? The contract has not ended. OP explicitly stated:

We have been subscribed for well over a year and are nearly at the end of subscription.

.

And I'm quite interested to know what extra rights you think OP would have if paying by direct debit. They would have the direct debit guarantee but that only entitles you to cancel a DD at any time or receive a refund if the trader/bank have made a mistake or have changed the amount to be taken or the date its to be taken.

The OP's issue is that they have ordered goods & digital content, have received the goods but not the digital content. Unfortunately, its a bit of a tricky area as legal rights surrounding digital content only apply to contracts entered into on or after 1st Oct 2015 (when CRA came into force). Previous to that, if digital content was supplied on a cd, you would have rights if the cd itself was faulty but not if the content was. Given it seems to have been supplied electronically, that would mean the supply of goods and services act would probably apply as they're providing a service of providing digital content but OP still might not have rights if the digital content itself was faulty.

As OP said they've been subscribed for well over a year, CRA will not apply to their contract.


OP, perhaps sign up a new account and ask them to suspend whatever one they have linked and add the books to the new account? Failing that, send them a letter (keep it simple, ordered digital editions, never received and give dates you have contacted them about the matter). Ask for them to provide a resolution without any further delay and perhaps ask for a few months free subscription for how long they've been keeping you waiting.

vcristian

unholyangel wrote: »

Have you even read the OP's post? The contract has not ended. OP explicitly stated:
.

And I'm quite interested to know what extra rights you think OP would have if paying by direct debit. They would have the direct debit guarantee but that only entitles you to cancel a DD at any time or receive a refund if the trader/bank have made a mistake or have changed the amount to be taken or the date its to be taken.

The OP's issue is that they have ordered goods & digital content, have received the goods but not the digital content. Unfortunately, its a bit of a tricky area as legal rights surrounding digital content only apply to contracts entered into on or after 1st Oct 2015 (when CRA came into force). Previous to that, if digital content was supplied on a cd, you would have rights if the cd itself was faulty but not if the content was. Given it seems to have been supplied electronically, that would mean the supply of goods and services act would probably apply as they're providing a service of providing digital content but OP still might not have rights if the digital content itself was faulty.

As OP said they've been subscribed for well over a year, CRA will not apply to their contract.


OP, perhaps sign up a new account and ask them to suspend whatever one they have linked and add the books to the new account? Failing that, send them a letter (keep it simple, ordered digital editions, never received and give dates you have contacted them about the matter). Ask for them to provide a resolution without any further delay and perhaps ask for a few months free subscription for how long they've been keeping you waiting.

Thanks for your kind words, I think you missed this one:

[Deleted User] wrote:

we are currently at issue 80. So 80 x £1 = £80 so sorry I was abit out its £80 extra for digital editions. and for some reason they are still charging my when issue 80 is meant to be last one.

About the DD, I may have used the wrong word: I didn't mean you have more rights, you have more chances to get your money back in case of a conflict with the company.

The best way to sort this out of course it would be to talk to the company, but as the OP said he/she has already tried it and doesn't want the digital books anymore, just a refund, the best way is to try with the bank

unholyangel

vcristian wrote: »

Thanks for your kind words, I think you missed this one:




About the DD, I may have used the wrong word: I didn't mean you have more rights, you have more chances to get your money back in case of a conflict with the company.

The best way to sort this out of course it would be to talk to the company, but as the OP said he/she has already tried it and doesn't want the digital books anymore, just a refund, the best way is to try with the bank

Well what you've quoted there says that they're currently on issue 80. Given their terms state that unless the product states otherwise (and at least at present, the product doesnt state otherwise), payment is only taken after delivery....that perhaps explains why they've taken a payment...no?

However my point was the issue OP is having is they cannot access the digital content - not that they are still being charged for a subscription that has been cancelled.

I have also just found this in their FAQ's and I'm wondering if perhaps it is for this account that they provided the login details for (rather than the app for the digital editions):

If you have a specific question about your account, you can now check it online and see what we have sent to you, which issues have been paid for, and any outstanding balance. Please click here to log in to ‘My Subscriptions’ via this link
https://ocss.deagostini.co.uk/OCSSApp/Login.aspx
, which will give you your account information. If you have not yet registered, it only takes a few minutes.

This info might also be useful/relevant for the OP:

If you have subscribed via our web site you should receive an email confirmation when you place your order. If you have subscribed via an order form or by post, you will then receive a welcome pack within 14 working days. This pack contains further information about your subscription including your account number which you will need to keep handy when contacting customer services so that they can deal with your query speedily.

And this:

We are sorry that you cannot log in to your account.
Once registered, we will send an email to you to confirm your email address. For your security, you will need to click the link in the email to validate your email account, only then will you be able to view your subscriptions.
If you have not received emails from us before, please check your spam folder within your email application such as Hotmail or Yahoo! as it may have been sent there. Please add us to your safe senders list too.
If you have previously registered but have forgotten your password, click on Forgotten Your Password. You will be prompted for your email address and will then be asked your security question that you entered when you registered.

Also, OP will likely have to fight for a refund. I believe where it came to provision of services under the supply of goods & services act, a breach of contract does not automatically entitle you to a refund (as is the case with a contract for goods). Rather, you needed to give them the chance for repeat performance. And imo, its entirely likely they'll argue they have supplied it, OP just hasn't set up an account to access it (which is why I suggested perhaps setting up an account and asking them to add the digital editions to that account).

Either way, its already dragged on 18 months. OP is either far more forgiving than I am or far more patient. I probably would have cancelled after a maximum of 3 months of not receiving something I had paid for.