Good morning,
I am being chased for money by UseNeXT on a contract that was automatically renewed without my consent,
other than it is mentioned in their Terms and Conditions.
The contract was automatically renewed on 30th August and I have most definitely not used the service from at least 1st October 2015.
As I could not be sure if the service had been used between renewal date and 30th September,
I offered to pay them for that month and for me to be released from the contract.
I have sent numerous emails to them - in one instance, it took them 49 days to respond.
Below is my latest correspondence, followed by their response:
QUOTE
Good morning,
It has taken you 49 days to respond to my email - I believe that to be unacceptable practice.
I wish to inform you that I am disputing the monies owed as the terms specified with regards to cancellation,
do not conform to the Unfair terms in Consumer Contract Regulations,
in line with the fact that I was not specifically made aware that it was an automatic renewal,
and that I was not given a reasonable opportunity to prevent the renewal,
in that you did not notify me of the upcoming renewal.
The contract was renewed without my approval or permission,
and I feel you have failed in providing fairness and in being reasonable.
I should have been notified that my subscription was due to be renewed
and then given the option to cancel. This did not happen.
I have not used the service from at least the 01/10.
I have asked you to cancel the contract which I have not had confirmation that you have done.
I feel I have acted in good will by offering to pay for the service until the end of September 2015 despite my grievances.
The service has not been used since and you should have records on your system of my usage.
I would hope that you don’t intend to pursue this matter any further after taking into consideration all of the above.
If you feel it necessary to continue with this pursuit of monies owed for a 'years' worth' of service that
I have asked you to cancel and have not used, then please make your next move.
UNQUOTE
Their response was:
QUOTE
Thank you for your e-mail.
We are sorry for the late reply.
As agreed within the terms and conditions, a termination has to be made in writing, either by letter, by fax,
within the membership area of UseNeXT or via support order form.
Other forms are not sufficient, and so stopping payment is not a termination.
Also it is not possible to cancel your account by phone.
If not terminated in the above described way, the account renews automatically into another full service-round, liable to pay costs.
It does not matter whether you use this account or not, for this is the customer's very own decision.
If a termination was made properly you would have received an automatic reply with the confirmation of your termination.
The account is prepaid, for which we have not received your termination in one of the described fashion
and so our claim remains valid and we kindly ask your to settle your debt within the given deadline to avoid further costs.
After payment is made, you will have access to your account again, to use up the volume, you were charged for.
If you have no use for your account after the current service-period runs out,
we offer you to forward your termination to the responsible department from where you will receive a confirmation.
Just let us know your decision.
UNQUOTE
I cannot think, in my own experience, of any other service provider I have that has an automatic renewal,
whereby they do not contact you before the automatic renewal date is due,
giving you the option to actively take control of the situation.
If anyone can offer advice on what my next step should be,
I would be very interested to hear.
I am prepared to take this wherever it goes.
Yours faithfully
B