Dating site trying to enforce auto renewal

storysoldier

Hi,

I signed up to Elite Singles on 4 Nov 2017 for 3 months for £134. Though expensive I thought I'd give it a try as it had been voted best dating site on a poll. It wasn't clear when I signed up that I couldn't run my own search. The site provides matches as per it's algorithms which wasn't satisfactory. I cancelled it on 3 Feb 2018 and stopped payments on Paypal, through which I'd paid.
Then got emails saying that I had to pay as I had agreed to auto renewal, and hadn't cancelled within 7 days of the end of my initial term.
I had not been sent any information on auto renewal. I didn't even get a payment receipt when I first paid. The only confirmation was through Paypal.
Elite have now sent me a 'Final Warning' to pay the amount by 21 Feb or they may initiate legal proceedings.
What do Forumites suggest?
Thanks!

AndyPix

9. AUTOMATIC RENEWAL

9.1 We automatically renew all paid Memberships before the expiry of the term of the paid Membership (where permitted by applicable law). When you first subscribe for your paid Membership, you acknowledge that when your paid Membership expires it will automatically renew for the duration and at the cost indicated to you at your initial purchase. Where required by applicable law, the renewal date will be specified in a renewal notice provided to you. IF YOU DO NOT WANT YOUR PAID MEMBERSHIP TO AUTOMATICALLY RENEW, YOU MUST CANCEL YOUR PAID MEMBERSHIP IN ACCORDANCE WITH THE PROCESS SET OUT BELOW IN THESE TERMS & CONDITIONS.
10. CANCELLATION AND WITHDRAWAL

10.1 There are three ways of cancelling your Membership:
10.1.1 Cancellation of free Membership !!!8211; you may cancel at any time (see Section 11);
10.1.2 Cancellation of your paid Membership within the first 14 days by exercising your Right of Withdrawal (see Section 12);
10.1.3 Cancellation of the automatic renewal of your paid Membership after the 14 day Right of Withdrawal period expires !!!8211; you may cancel automatic renewal at any time and enjoy our Services until the end of the paid term (see Section 13).

Caz3121

storysoldier wrote: »

Then got emails saying that I had to pay as I had agreed to auto renewal, and hadn't cancelled within 7 days of the end of my initial term.
I had not been sent any information on auto renewal.

Assuming you signed up online, section 9 of the T&Cs cover the auto renewal (you will have to have confirmed you accept the T&Cs to access)
https://www.elitesingles.co.uk/terms
The cancelling within 7 days of the end is covered in section 13

How did you cancel?

storysoldier

Paid membership within first 14 days- do you mean of the renewed term?

Looked up a few points:

Under the Distance Selling Regulations 2000, information on the term of the original contract, cancellation conditions and any additional payments should have been provided prior to the conclusion of the contract.

As per guidance issued by the Competition and Markets Authority, a renewal can be treated as a new contract, if there is !!!8220;fresh content!!!8221; offered to the consumer by virtue of the renewal and/or where a new payment is made by the consumer.

So the same !!!8220;14 day!!!8221; rule that applies to new contracts, would apply to renewals. Otherwise, it would be unfair contract terms.

The guidance says - it is also good business practice for businesses to send reminders of renewals to its customers and to ensure that its customers have received a clear explanation of how the long contract is due to run and how it can be cancelled. Automatic renewals without sufficient reminders are likely to be regarded as unfair terms as are long notice periods or cancellation fees.

storysoldier

Cancelled on the site. Yes, I must have ticked t&cs, but didn't know I couldn't cancel at the end of the term. Given the Competition & Markets Authority guidance, how would a court be likely to view it?

I was on auto renewal for the Post Office Home insurance and they sent a reminder in time before the renewal was due.

DoaM

So did you follow what section 13 says when you cancelled? If yes then they have no rights to any auto-renewal; if no then they do.

The fact an insurance company sends a reminder is because they premium is subject to change every year therefore they are obliged to do so ... if the fees for the dating site were also changing then they'd be equally liable to inform you; as the fees weren't changing they weren't obliged to advise you of the auto-renewal.

storysoldier

The renewal amount is higher. Does that change anything?

How common is it for companies to take consumers to court for a sum below £150?

storysoldier

Does the guidance from the Competiton & Markets authority not apply?

As it is a new payment, for new content it's a new contract. So why shouldn't there be the same 14 day cooling off period? Why won't that be a valid argument?

Fosterdog

storysoldier wrote: »

Does the guidance from the Competiton & Markets authority not apply?

As it is a new payment, for new content it's a new contract. So why shouldn't there be the same 14 day cooling off period? Why won't that be a valid argument?

It's not a new contract, it's an extension of an existing contract which you agreed to when you signed up, a cooling off period is to give you the opportunity to fully understand and agree to your contract and service, that doesn't alter after the initial period so you have had plenty of time to acquaint yourself fully with the contract and service. How does the amount differ? Were you at any point informed of the cost once the auto renew kicked in? Such as first three months at a special discount then £x per quarter ongoing?

Les79

storysoldier wrote: »

Paid membership within first 14 days- do you mean of the renewed term?

Looked up a few points:

Under the Distance Selling Regulations 2000, information on the term of the original contract, cancellation conditions and any additional payments should have been provided prior to the conclusion of the contract.

As per guidance issued by the Competition and Markets Authority, a renewal can be treated as a new contract, if there is !!!8220;fresh content!!!8221; offered to the consumer by virtue of the renewal and/or where a new payment is made by the consumer.

So the same !!!8220;14 day!!!8221; rule that applies to new contracts, would apply to renewals. Otherwise, it would be unfair contract terms.

The guidance says - it is also good business practice for businesses to send reminders of renewals to its customers and to ensure that its customers have received a clear explanation of how the long contract is due to run and how it can be cancelled. Automatic renewals without sufficient reminders are likely to be regarded as unfair terms as are long notice periods or cancellation fees.

The Competiton & Markets authority - Well, I've never heard of that before now! Learn something new every day :rotfl:


I have to say though but I think you'll be fine If you put in that much effort into instead finding love in real life I reckon you'll be a smash hit!

[Deleted User]

storysoldier wrote: »

How common is it for companies to take consumers to court for a sum below £150?

Are you hoping they'll simply write the debt off? That won't happen.