screen select -can they do this?

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i recently signed up for a 28 day free dvd rental trial with screenselect and cancelled my trial just before the end and that should have been the end of the matter.i have now been charged a full months rental as they decided to wait until 23 minutes after my trial finished before emailing my cancellation acceptance.
they refuse to refund the amount as they say i cancelled too late and i think this is totally unacceptable!!
i have deleted my cancellation email to them so am struggling to prove i cancelled early

anyone else had problems ?

any suggestions?

thankyou for reading

ally
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Comments

  • ohreally
    ohreally Posts: 7,525 Forumite
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    whizzkid wrote:
    i have deleted my cancellation email to them so am struggling to prove i cancelled early

    All your e-mails are still on your hard drive. Assuming your os is XP and your e-mail client is OE,search for .dbx files and you will find all the emails ever sent,recieved or deleted.You should be able to read them in Word. ;)

    The default path is...C:\Documents and Settings\*your user name*\Local Settings\Application Data\Identities\{BF6EA638-B16F-4DFF-B3B9-E77EF0EB7315}<this may be different\Microsoft\Outlook Express\Deleted Items.dbx
    Don’t be a can’t, be a can.
  • zodiac
    zodiac Posts: 1,255 Forumite
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    How long before the end did you cancel it? Sometimes you have to give them 5-7 working days which su*k big time as you only get a week worth of free rental with some sites, it could pay to check their T and Cs to see how long (after you have retrieved your e-mail)
    I remember when this was just a little website! :money:
  • whizzkid_3
    whizzkid_3 Posts: 430 Forumite
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    searching my files not bringing up anything.i obviously looking in wrong place!!
    unfortunately i have no idea where to even look for default path

    thanks anyway
  • whizzkid_3
    whizzkid_3 Posts: 430 Forumite
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    i cancelled 3 days before the end but that was acceptable to them.only possible problem may have been the discs arriving back to them as they may have got there on the final day of the trial.
    still should have been ok though
  • ohreally
    ohreally Posts: 7,525 Forumite
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    whizzkid wrote:
    unfortunately i have no idea where to even look for default path

    thanks anyway

    Try pasting the path in my first post but put you login name into the appropriate place. Go to start-run and paste your path into the box and hit search. If your still not finding the file try. Start - Search - All Files And Folders and type in .dbx if that (and it should) doesn't find the files your looking for try the same but before searching go to Control Panel - Folder Options - View and then choose 'Show Hidden Files'. :)

    Edit:I've just realised whats wrong. Show hidden files and try your first attempt again (if i recall correctly the files are hidden by default and thats why you didn't see them).
    Don’t be a can’t, be a can.
  • notken
    notken Posts: 82 Forumite
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    I fancied bumping this up rather than starting a new thread, so we can see a pattern of dodginess.

    Time Out ran a promotion last month for a free DVD and 30 days free with Screen Select. The promotion clearly stated "Cancel at any time before the end of your free trial and keep your free DVD - you won't be charged a penny!"

    (At the time of writing this promotion, while closed, was still viewable:
    http://www.screenselect.co.uk/timeout/?brand=timeout&refer=timeout&fr=4.25845312921897 - I hope the referral code is all right to put here, especially since the offer is now closed.)

    We cancelled the last day of our 30 (the day before we were due to be charged), but the very last step of the cancellation stated "you must return all DVDs to us by 21/11/2005" which was the day we cancelled. This would have been OK if they hadn't just sent us another DVD that day. We received that one the next day and sent it straight back.

    Screen Select have stated that they don't offer refunds and have charged us one month's fee. We've issued a chargeback with our card company.

    The purpose of this post was firstly to warn people off Screen Select or rather their draconian cancellation and charging policy, but also to ask opinions as to what grounds we feel we have to get a refund. My thoughts are:

    * The original terms never stated that DVDs had to be returned by the end of the period, only that you needed to cancel. (Although all DVDs in our possession were actually posted before the day we cancelled.)

    * Not offering refunds is a breach of consumer rights, specifically the Distance Selling Regulations. I think we can argue that the service started the day we were charged, in which case we have seven days to cancel. If they could argue that the service started 30 days prior, can we argue that their revelation that the DVDs also had to be returned in time is a change in terms, which effectively starts the seven days again?

    Very interested in everyone's experiences and opinions.
  • Altarf
    Altarf Posts: 2,916 Forumite
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    Can't see what the problem is. The terms and conditions, which the link you posted tells you to read, seem very clear.

    http://www.screenselect.co.uk/visitor/terms_and_conditions.html

    # Cancellation

    As noted above, you may cancel your subscription to ScreenSelect at anytime. Cancellation requests must be via the website https://www.screenselect.co.uk. We are unable to accept or guarantee cancellation requests via email or telephone. To cancel, click "My account" and follow the instructions under the heading "Cancel my subscription." Immediately upon requesting cancellation, no further DVDs will be dispatched to you. All DVDs must be returned before the cancellation will be confirmed. Once all DVDs have been returned, the cancellation will take effect immediately and a confirmation email will be sent to you. Failure to return DVDs will result in the account remaining active and billing will continue. We reserve the right to charge a replacement cost of up to £20 for any non returned DVDs. To avoid problems, we advise obtaining a certificate of posting when you return our DVDs to us. Please note we do not provide refunds or credits for any partial monthly subscription periods.
  • notken
    notken Posts: 82 Forumite
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    I appreciate the time you've taken to reply, and perhaps I'm being blind, but I can't find anywhere on that page (or during any part of the sign-up phase) where it tells you to read the terms and conditions, or even that you have to agree to them before you can become a member. There is a link to the terms on every page, but at no point does it ask you to read them before you join, or agree to them.

    I think it's actually a moot point anyway. The bit that's in big writing at the top of the page says "Cancel before the end of your trial period and you won't pay a penny". We cancelled before the end of the trial period.
  • Altarf
    Altarf Posts: 2,916 Forumite
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    notken wrote:
    I appreciate the time you've taken to reply, and perhaps I'm being blind, but I can't find anywhere on that page (or during any part of the sign-up phase) where it tells you to read the terms and conditions,

    Are you seriously saying that because it didn't say "You must read these terms and conditions" at the bottom of the page that you provided the link for -
    Terms and Conditions
    ...10. Visit https://www.ScreenSelect.co.uk for full terms and conditions.

    that they don't apply!
    notken wrote:
    I think it's actually a moot point anyway. The bit that's in big writing at the top of the page says "Cancel before the end of your trial period and you won't pay a penny". We cancelled before the end of the trial period.

    But you didn't cancel as you didn't follow the cancellation procedure. You had to ensure that they had received back all their DVDs, which as there was one out in the post to you hadn't been done. The only way to 'work' the free trials is to cancel all your requested items and then post back the DVDs you have out and then when they have them checked back in, only at that point cancel. It does mean that you don't get the full free trial, but it stops them catching you out like this.
  • alecpr
    alecpr Posts: 109 Forumite
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    The terms and conditions do clearly say that you must cancel via the webpage and not have any DVDs out for the cancelation to take affect and that you will receive an e-mail confirmation of the cancellation.

    BUT... I would argue that IF they responded to an e-mail to cancel and did cancel the account all be it after the free period expired I would say that e-mail is a valid way of cancelling an account. After all they have the processes in place to carry out that cancellation and proved it by doing so. So how the account was terminated is not an issue, only when.

    I would write an e-mail or letter stating that you sent them an e-mail to cancel, that your account was cancelled as a result of that e-mail but that it took three days for that process to complete and that as a result of their delays you are being charged for one months subscription. I would advise them that you feel you are being charged for their incompetence and that you want a full refund of your money or you will be taking advice on the matter.

    See what comes back. I'd also contact my card company and ask their advice, if you have withdrawn your permision to take a payment from your account, then could you reclaim the money as they took it without permission?

    On the point of distance selling, this is only valid if they contacted you, if you invited their service you have no rights under the distance selling rules.
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