What can i do

[Groove]

The background...

In August i was looking at different hosting websites for a website i was creating. I looked at various ones and used the trials to see if they would work for me. Most of them didnt, including one we shall call WebX.

Now i signed up to WebX, looked around and decided it wasnt for me and thought nothing more of it, till today when i looked at my bank balance and noticed that a charge of 115 pounds had been taken from my account, sending me overdrawn.

I phoned them up and had to go through a whole process of guessing what email i used, what password i might of had, what domain i would have wanted to try to find my account...which they found and i was told i had nowhere to stand and that they automatcially upgrade free trial users to the highest priced 2 year package they offer if they do not cancel before 3 months.

I was told i could now cancel but it may be in my interest to keep the site as ive now paid for it and that all this info was in the TandC. I was also told they do not warn of the end of the free trial is coming to a close because its a waste of time and normal people will go through the process of canceling. They only contact you when your 2 years is up to let you know

After reading through the terms and condition it seems that you have to send your cancelation in writing 30days before the end of the trail. Also says that they automatically upgrade you again after 2 years .

So, wise people of BCF; is there anything i can do to get my money back? If so what do i say? Apparently they dont have a number to go through to complaints department...they just walk accross the office.

Could i say its fraud with my bank?

Help!


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[Itchy]

There is an obscure old law that says that merely sticking a cancellation letter in the post is enough from your point of view to have asserted your wishes to cancel, hence the NIPs that the police only have to post to prove you will have received it within 14 days.

There might also be the principle of silence "being an acceptance of a contract" , which has been tested a million times and people STILL try to use this law.

I.e. "if we don't hear from you within X days" then we assume you accept (even my old company tried this on me when the contracts were redrafted to turn the company into a mini totalitarian state, they tried the old if we do not hear from you trick).

Infact, thinking about it AOL phoned me up after starting my rolling contract thing after the 12 days trial to get affirmation as to acceptance of the rolling monthly contract. And thus avoided this rule...

I think the principle is that if you take advantage of the other party in that if you keep silent and continue to use their service then it is seen as exploiting and implied acceptance, if you never used their services post trial. Then the law sees it differently.
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Spain 2008France 2007Big one 2009 We all die. The goal isn't to live forever, the goal is to create something that will. In the end, your life will flash before your eyes. Make sure it is worth watching.

[Groove]

[Itchy]

Erm , I just had a look at my university law papers.

Companies work on the premise that if you don't want to stay with them, you need to cancel, in other words, if you don't contact them, they take your silence as acceptance of the contract.

Problem with that: In contract law, silence can not be deemed acceptance, as per Felthouse v Bindley 1862.

If you went and bought services of another company this clearly demostrates that you had no intent of continuing to use their services.

Though this isn't an XOR situation, i.e. I can have multiple websites on different servers, unlike say having one insurance policy say for the mortgage where it is not generally normal to have multiple insurance policies when you only need one and can only claim on one if the untoward happens.


My guess is that you county court them using evidence of moving to a different host as evidence that you had no farther intent to use their services, to get your money back. 99.999999999999% of companies NEVER attend county court hearings and thus you virtually win by default...

you then Izzi them whereby I told her that she should pretend to be a debtor and ask for their bank account details for them to get the money back for you.



EDIT please get some proper legal advice, I'm an accountant by trade and thus my legal advice should NOT be relied upon
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Spain 2008France 2007Big one 2009 We all die. The goal isn't to live forever, the goal is to create something that will. In the end, your life will flash before your eyes. Make sure it is worth watching.