eharmony 12 renewal demand any help?

Consuded_dazed

I signed up for a 6-month subscription to eHarmony on 04/06/22. I only intended to use 6 months then leave. The contract was set to end on 05/12/22. eHarmony initially did not make the auto-subscribe button visible only not until 3 months into the subscription. I got an email from PayPal on 06/12/22 stating eHarmony had charged for a further 12 months at £478.80 as one payment. I contacted PayPal and stated I did not agree to this they try to put a stop to it on their end and advised me to contact my bank and eHarmony. The only way to contact eHarmony was via their website which I did on 06/12/22 stating I did not agree to this and I wanted to cancel and that it was within the 14 day period of this payment. My bank stated that on the 06/12/22 they had not charged my credit card yet and suggested until they did, they would escalate it.

 

eHarmony replied on the 07/06/22 stating in line with their terms and conditions this lay outside the 14-day period, and they would not honour the cancellation and they would need payment by 10/03/23 or they may "may also consider taking further action to obtain the outstanding balance from you, including transferring the claim to a debt collection agency, where reasonable and permitted by law".

 

On the 27/12/22 my bank was charged, and they investigated it and on the 24/01/23 they refunded me the money (Under section 75) and stated: "We have used the evidence you provided and the evidence that was provided by EHARMONY UK. We declined the pre arbitration dated 25 January 2023, and the acquirer accepted this dated 27 January 2023. This ultimately means the company have accepted this outcome in you receiving the funds back and the case is now closed in your favour".

 

eHarmony have repeatedly emailed me 3 times since claiming they are still owed the money (No mention of debt collectors). My bank stated there is no further case, citizens advice state that eHarmony are stating the 14-day period is from my initial 6-month subscription on 04/06/22 and they feel they have a case to ask for the money.

 

Any advice on where I stand on this as part of me feels my bank sided with me and eHarmony agreed to pay the money to the bank. Sent a letter in writing with all the facts to eHarmony and asked for a response in 7 days for a resolution (Citizen’s advice direction). Do they have a claim or is this just a smoke screen. Currently I’m waiting for a response but the 10/03/23 is approaching.

MorningcoffeeIV

Your bank didn't side with you, they just processed the chargeback.

CA are correct that the 14 day cooling off doesn't apply to renewals.

Check the terms you agreed to - if the renewal is in there, pay up.

born_again

Claiming the money back via bank does not end any contract. So they may well yet legally bring in debt collectors to chase the debt. As the contract was not cancelled with them. Within the 1st 6 month period.

With recuring payment, they have to be cancelled prior to be taken. Saying "You did not agree" to it, does not mean anything. I'm sorry to say.

Are you sure bank did S75? As mention of " pre arbitration" is a chargeback term.

So any claim back by the bank is just via either card regulations Or S75. neither of which stop the company from chasing you for the debt.

HillStreetBlues

born_again said:

Are you sure bank did S75? As mention of " pre arbitration" is a chargeback term.

Must be a chargeback as eHarmony now haven't the money.

WhiskersTheWonderCat

Consuded_dazed said:

eHarmony initially did not make the auto-subscribe button visible only not until 3 months into the subscription. 

So you noticed the option to unsubscribe after 3 months. Why didn't you unsubscribe? 

Potbellypig

It's safe to assume that in the T&C when you signed up it said that after 6 months we will deduct a full years subscription on 06/12/23 unless you cancel. Well known mistake that many people make but unfortunately that doesn't dissolve you of your contractual agreement. If they don't chase you for the money or sell the debt on, I'd be amazed.

Consuded_dazed

Thank you for the replies, I just wanted to know where I stand. Under the advice of my bank and they said their investigation found that I was within the 14 days as it would be counted from when the second subscription started. They also reported that eHarmony agreed to refund the money back as they agreed with my complaint. But then there is not much the bank can do but they did say to me that they sided with my dispute regardless. The reason I was questioning it was that eHarmony had accepted this outcome in me receiving the funds back, and this was said to the bank which in turn they informed me.

CA advice was not really to agree with eHarmony, they feel as well that a separate subscription is classed as a new purchase and they can see why myself, and my bank desired to dispute this as we felt the 14 days was from 05/12/22 and not from 04/06/22. But CA can see why eHarmony are pursuing this. CA advice was to put it in writing direct to eHarmony and attach the banks docs again and give them a 7-day period to reply to resolve. They advised to wait for these 7 days to be over and to see what eHarmony does and then they will advise further if needed, depending on if eHarmony respond. Oddly enough I sent the letter last Thursday recorded delivery and it was delivered but no one accepted it, so it has been sent again. Not sure if this is a tactic.

Sound advice, and still not sure if I will follow up on CA advice or just pay the amount. I was thinking more piece of mind.

Consuded_dazed

born_again said:

Claiming the money back via bank does not end any contract. So they may well yet legally bring in debt collectors to chase the debt. As the contract was not cancelled with them. Within the 1st 6 month period.

With recuring payment, they have to be cancelled prior to be taken. Saying "You did not agree" to it, does not mean anything. I'm sorry to say.

Are you sure bank did S75? As mention of " pre arbitration" is a chargeback term.

So any claim back by the bank is just via either card regulations Or S75. neither of which stop the company from chasing you for the debt.

After speaking to the bank they state they did not even need to go as far as the S75, as eharmony agreed to pay the money back.

Consuded_dazed

WhiskersTheWonderCat said:

Consuded_dazed said:

eHarmony initially did not make the auto-subscribe button visible only not until 3 months into the subscription. 

So you noticed the option to unsubscribe after 3 months. Why didn't you unsubscribe? 

Sorry lost in translation, but no I did not notice, eharmony state the option would be there after 3 months

HillStreetBlues

Consuded_dazed said:

Sorry lost in translation, but no I did not notice, eharmony state the option would be there after 3 months

That I feel makes your case very strong.

When you signed up  you couldn't unsubscribe simply, as they hid the button.

WhiskersTheWonderCat

HillStreetBlues said:

Consuded_dazed said:

Sorry lost in translation, but no I did not notice, eharmony state the option would be there after 3 months

That I feel makes your case very strong.

When you signed up  you couldn't unsubscribe simply, as they hid the button.

I agree. It's pretty outrageous for them to do that. It's a blatant way to make people forget to unsub.