WARNING and help?: Debenhams and daylight robbery /misselling protection

HillStreetBlues

sheramber said:

The company can also pursue the debt at any time in the next 6 years. 

Which in this type of case wouldn't win
https://www.gov.uk/government/publications/getting-consent-for-additional-charges-when-selling-online/getting-consent-for-additional-charges-when-selling-online

Getting express consent  

If you are offering optional extras linked to the main product you are selling, you should not charge for those extras by default. 

Consumers must have genuine choice over whether to pay for an extra product or service they may or may not wish to choose. You can’t use pre-ticked boxes or other forms of automatic opt-in for optional extras, if that means the customer will have to pay for them unless they take action to opt out. 

Optional extras can include things like: 

• insurance  

• express delivery 

• making donations to charity  

You need to get your customer’s express consent for any additional payment – they must actively choose to make the payment.  

You must:  

• clearly explain any additional payments that consumers can choose to make 

• make sure that customers expressly consent to additional payments before they are charged 

• give customers a way to check and confirm what they are paying for 

A customer can’t provide express consent by: 

• not changing a default option, for example by not removing a tick from a pre-ticked box 

• opting out of an extra, for example if they are required to tick a box to avoid paying

Chutney1275

gov.uk/government/publications/getting-consent-for-additional-charges-when-selling-online/getting-consent-for-additional-charges-when-selling-online

"Example 5: A ticket website automatically adds ‘event cancellation insurance’ to a customer’s basket on the final payment screen. The insurance is optional, but the customer must select a box to indicate that they do not want it.

This is not allowed because adding something automatically to a basket is not express consent."