Dating site trying to enforce auto renewal

2

Comments

  • unholyangel
    unholyangel Posts: 16,863 Forumite
    Name Dropper First Post First Anniversary
    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?

    They technically can't increase the price without giving you the corresponding right to cancel without being affected by it.

    However that is based on the price actually increasing rather than (for example) a scenario where you had a introductory discount which doesn't apply on renewal.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • Fosterdog - they hadn't informed me about a price change at the time of renewal.
    They've now sent a PDF of what they say is the original email confirmation of the contract. I never got it.

    The original fee was an offer at £113. And it's £134 on renewal.

    Apropos of the not writing debt off, I had another experience of a parking fee wrongly issued. I'd paid the parking charge at an IBIS hotel. However was issued a parking charge of a hundred something pounds. All my efforts with the IBIS staff to communicate to the independent parking company met with no success. I kept getting collection letters which I ignored, because I had proof that I'd paid the parking in the first place. I was ready to dispute it if it went to court.
    Finally the letters stopped.
    That may not apply in this case, but just saying. Debts apparently do get written off.
  • Fosterdog
    Fosterdog Posts: 4,948 Forumite
    First Anniversary Name Dropper First Post
    Your parking scenario is entirely different, you didn't actually owe them the debt, if it had gone to court you would have had the proof needed to get it dropped. In this case you do actually owe the debt so if it did go to court you would have no valid defence. Maybe the parking company realised their error and instead of writing to tell you and apologise they just chose to stop contacting you. They also get 6 years to chase you so if it was less than 6 years ago they could start chasing you again at any time. So you have not in fact had a debt written off.
  • Les79
    Les79 Posts: 1,337 Forumite
    Fosterdog wrote: »
    In this case you do actually owe the debt so if it did go to court you would have no valid defence.

    THAT BEING SAID, OP has raised two fairly clear points relating to:

    - Distance Selling Regulations 2000
    - Competition and Markets Authority

    The first a lot of people on here will be familiar with, but the second I doubt people will know as much (sounds like they dish out ADVICE rather than regulations).

    OP is more than entitled to present those points as their defense, and I wouldn't confidently rule out them being invalid defenses. OP would probably need to seek proper legal advice (at a cost) if they wish to explore this further.
  • Fosterdog
    Fosterdog Posts: 4,948 Forumite
    First Anniversary Name Dropper First Post
    Les79 wrote: »
    THAT BEING SAID, OP has raised two fairly clear points relating to:

    - Distance Selling Regulations 2000
    - Competition and Markets Authority

    The first a lot of people on here will be familiar with, but the second I doubt people will know as much (sounds like they dish out ADVICE rather than regulations).

    OP is more than entitled to present those points as their defense, and I wouldn't confidently rule out them being invalid defenses. OP would probably need to seek proper legal advice (at a cost) if they wish to explore this further.

    Of course they could be entered as a defence but they would be laughed out of court considering the Distance Selling Regulations 2000 are no longer in force and haven't been for the last five years. They were replaced by the Consumer Contracts Regulations 2013, even then that would only give additional rights to the cancellation terms on the initial contract and not on a renewal.

    The competitions and markets authority deals with the fairness and legality of competitions and auctions not dating sites and renewals of contracts. Plain and simply both acts quoted are irrelevant to the situation so would not be the basis of a good defence.
  • Les79
    Les79 Posts: 1,337 Forumite
    Fosterdog wrote: »
    Of course they could be entered as a defence but they would be laughed out of court considering the Distance Selling Regulations 2000 are no longer in force and haven't been for the last five years. They were replaced by the Consumer Contracts Regulations 2013, even then that would only give additional rights to the cancellation terms on the initial contract and not on a renewal.

    The competitions and markets authority deals with the fairness and legality of competitions and auctions not dating sites and renewals of contracts. Plain and simply both acts quoted are irrelevant to the situation so would not be the basis of a good defence.

    Ah! I feel you may have saved OP a few quid there :)
  • Thanks, everyone! I looked at both sides of the argument - calling their bluff and paying it. In spite of some solid arguments here about Elite chasing down the payment, I have my doubts. If I win the lottery, I'll take a chance on an auto-renewal contract to see what happens if I decide to cancel.

    I decided to pay on this occasion and have learnt my lesson. It's one of the few times I've fallen foul of cancelling in time on anything. From next time on, I will have an eagle eye on cancellations.
  • KeithP
    KeithP Posts: 37,567 Forumite
    Name Dropper First Post First Anniversary
    Fosterdog wrote: »
    The competitions and markets authority deals with the fairness and legality of competitions and auctions not dating sites and renewals of contracts.
    What??

    "The CMA deals with the fairness of competitions and auctions"?

    Whilst they may do that, although they don't mention it on their website, that is nowhere near the limit of their mandate.

    I'll not list them here, but you might want to read the CMA's 'about us' page for a more inclusive list of their goals and responsibilities.
  • Fosterdog
    Fosterdog Posts: 4,948 Forumite
    First Anniversary Name Dropper First Post
    KeithP wrote: »
    What??

    "The CMA deals with the fairness of competitions and auctions"?

    Whilst they may do that, although they don't mention it on their website, that is nowhere near the limit of their mandate.

    I'll not list them here, but you might want to read the CMA's 'about us' page for a more inclusive list of their goals and responsibilities.

    Yeah, sorry about that I don't know why but when I read the competitions part and my brain automatically went to the wrong type of competition and it was the Gambling Act I was thinking of controlling that, which obviously would cover competitions but not business competition.
  • awhitey
    awhitey Posts: 14 Forumite
    First Anniversary Combo Breaker
    edited 6 March 2019 at 11:57AM
    I have the same problem as the above I cancelled using the cancel button two months before my membership ended I assumed I had done it but now today it has renewed, I have emailed them and they advise that as I did not cancel within 7 days that I am now liable for the next three months, can you confirm if I am entitled to not go ahead, my monies did not take from my account as there was not sufficient funds so they are asking me to update my details or they will take it further, I got a little confused with the last bit of the thread could someone clarify is there anything I can quote to them to not have to pay, I do not have the money this was originally a gift from a friend
    Thank you
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