Is recurrent CC transactions suitable for Charge Back

Weegie_Al

Long and sorry story.
while trying to set up a free Paramount Plus account from my SKY setup, I accidentally (100% my fault) went to a Paramount Plus reseller site (Gamingify) and signed up. It was free and I provided my SKY account details, they then set up a 14-day recurring payment against my credit card after three "free" days. This remained unnoticed on my credit card bill for 5 months ringing up £215 charges. 

According to my card provider, I have no right to charge back as this was my mistake for not reading the small print on the website, however:
1) I contacted Paramount Plus and they have said that "Please be informed that Paramount+ is not related to Gamingfy ", which raises the question, how could Gamingify ever legitimately provide the service offered? 
2) Part of the terms and conditions of Gamingify says that they will provide notification of the payments being taken from the card which they have failed to do. Obviously, this would have let me know that this stealth payment was being taken every 14 days. 

On the two accounts above I say that I am entitled to a chargeback. Do any legal beavers on here have an opinion on this?

Many thanks.

Weegie_Al

born_again

Weegie_Al said:

Long and sorry story.
while trying to set up a free Paramount Plus account from my SKY setup, I accidentally (100% my fault) went to a Paramount Plus reseller site (Gamingify) and signed up. It was free and I provided my SKY account details, they then set up a 14-day recurring payment against my credit card after three "free" days. This remained unnoticed on my credit card bill for 5 months ringing up £215 charges. 

According to my card provider, I have no right to charge back as this was my mistake for not reading the small print on the website, however:
1) I contacted Paramount Plus and they have said that "Please be informed that Paramount+ is not related to Gamingfy ", which raises the question, how could Gamingify ever legitimately provide the service offered? 
2) Part of the terms and conditions of Gamingify says that they will provide notification of the payments being taken from the card which they have failed to do. Obviously, this would have let me know that this stealth payment was being taken every 14 days. 

On the two accounts above I say that I am entitled to a chargeback. Do any legal beavers on here have an opinion on this?

Many thanks.

Weegie_Al

You only have a right to chargeback after you have cancelled, & if they debit you again.
Chargebacks do not cover user error. As bank advised you.

None of 1 or 2 are breeching Visa/Mastercard card regulations. Which chargebacks are based on. Which also have no legal standing. They are over & above your consumer rights.

Check you spam/junk folders.

T/C Makes no mention of them contacting you about taking further payments.

https://gamingify.com/terms-and-conditions/

5. Automatic Recurring Billing

In accordance with the terms and conditions of the Site, subscription fees may be automatically renewed at or after the end of the original term selected, for a similar period of time and for a similar or lower amount, unless notice of cancellation is received from the Subscriber. From time to time we enroll our loyal customers in a loyalty program where the randomly chosen customers will be granted a discounted membership price on the next payment only. Unless and until this agreement is cancelled in accordance with the terms hereof, Subscriber hereby authorizes gamingify.com to charge Subscriber's chosen payment method to pay for the ongoing cost of membership. Subscriber hereby further authorizes gamingify.com to charge Subscriber's chosen payment method for any and all additional purchases of materials provided on the site.

By agreeing to these terms of use, Subscriber accepts being enrolled in a trial period to a trial price which is defined by the package chosen upon signup, Subscriber futher acknowledges that unless canceled within due time, the Subscriber will automatically be enrolled in the full membership at the price and terms selected upon Signup. Billing notifications will be sent from help@gamingify.com. This charge will appear on the Subscriber’s credit card statement as GAMINGIFY.COM+441432233068.

Also note that you need to give them 7 days notice 8-2 

DullGreyGuy

Weegie_Al said:

1) I contacted Paramount Plus and they have said that "Please be informed that Paramount+ is not related to Gamingfy ", which raises the question, how could Gamingify ever legitimately provide the service offered? 

In the same way you could ask your partner, a friend or any other random person to book a flight for you or pickup something the next time you are in X shop. They simply act as a middleman, some middlemen add value and others just add costs. Likewise some middlemen have a formal position as such and others are just doing it off their own back. 

No idea what fee you were paying nor how it compares to buying it directly but, for example, my temporary purchase of Paramount+ was done via Apple rather than direct with Paramount. 


Chargeback isn't a mechanism to deal with your own mistakes, only where the vendor has breach their contract and even then only in certain circumstances. 

Weegie_Al

Thanks for that guys an expensive lesson learned to pay more attention for sharks.