Discussion in 'Web Hosting' started by mzonas, Jan 16, 2016.
Did you keep copies of your instructions to cancel the service ?
Under Distance Selling Regulations ( whatever it's called now ) you have a cooling off period to cancel services.
Thanks but I don't get it. I don't think that cooling off period applies here. I purchased the service 2 years ago. Then cancelled through PayPal. They should have suspended my account and then deleted my account months later.
I think this is a scam and that the company is trying to scare me with the warning to issue court proceedings.
Did you notify the host company you were cancelling ?
Did you use / carry on using their service ?
Your contract was with them not Paypal and sometimes just cancelling your Paypal might not be enough to cancel.
I did not carry on using their services, in fact, I used it for a day and cancelled. When I cancelled, I got email about it that it will be suspended within 24 hours.
P.S. it's funny when I try to use "remember my password", they cannot find user under my email address. Sounds fishy to me.
Just contact them and explain the situation. Perhaps their system simply failed to acknowledge your cancellation, but I'm sure they can actually check and see how long you actually made use of their services.
I wouldn't be worried about it tbh.
It does sound like some type of scam. I'd ignore any further communications.
Unless the letter arrived signed for / registered they have no proof you are even aware of this.
If it was genuine, the fact you have proof you cancelled and they acknowledged this is sufficient.
Thank you guys! The fact is, they called me about 2 months ago or so and I really was unaware of the company ... or the fact they I had underpaid invoices. Only after looking for their name, I remembered the company. The letter was not signed. I tried to Google hard about court cases. I have never heard that a web hosting company had issued court proceedings ... they are probably just trying to scare. We will see in 7 days I guess xD
More opinions would be welcomed
I dont understand why they wouldn't cancel services if you weren't paying them. Any hosting company (at least myself) always cancels the account if its requested or the subscription no longer works. What a crappy company.
Seems scam to me, based on the email they sent, the service will be suspended within 24hours if they didn't get the payment, why in the world would you pay 2 years for a service that was suspended?
Unless the service was running for the last 2 years which would make sense
This is exactly why I contact companies and ask them to cancel the subscription for me. That way I have no issues.
Statute of limitations should apply. They only have so long to go after you. Get a free consult with an attorney to see what can actually be done. Additionally, if you have the email stating they would cancel the service after you canceled, keep it or find it.
You do not have much to worry about if you were notified they were canceling your account unless you agreed to pay for 12 months when registering or something of that nature. If it was pay as you go I do not see how this could happen.
*Disclaimer - I am no lawyer and am making educated guesses.
If you didn't contact them to cancel and close the service then yes they can claim that they have provided the service as per their agreement/tos.
Cancelling a payment method does not automatically cancel a service.
As you are both based in the UK, all the host has to do is issue a claim against you in the small claims court. In you then decide not to pay, they can ask the court to send in the bailiffs to seize goods personal property up to the value of the claim. Also further charges/costs will be applied by the bailiffs. Those goods will be stored for a time then auctioned.
To resolve the issue pay a trip to your local Citizens Advice Bureau or Local Legal Advice Centre for some free advice.
They are stupid for not canceling your account since you were not paying for a long time. In the other hand, canceling your payment does not cancel service. Can't give you any other advice though.
Cancelling your payment method is not cancelling a service.
If you buy car insurance and just cancel the direct debit, you still owe them money... It does not go away or disappear.
There is a chance that you could be fucked dude.
You still owe the insurance up to a certain point. However, at least in the US each state, in the Department Of Insurance, only gives insurance companies so long to offer a grace period before cancelling. However, its not a year or whatever BS this hosting company is charging.
Absolutely not relevant, he's in the UK.
If he agreed to a legal document when he signed up that said they must be informed if its cancelled he's fucked, and chances are he didn't even read it.
This is the only answer you should focus your efforts on Don, as it's the only one to help you get prepared for what might be coming. Do as Wilson suggests and you'll be a lot better off than by listening to the BHW legal counsel here.
A good example, because that is true.
Unfortunately Ste is right. The US law is very different from the UK one, eventhough both rely heavily on previous judicial decisions and opinions as authoritative precedent when deciding on current cases. The systems might work in a similar way, but the law is very different.
The UK even has something similar to the US states and their own laws, by which I mean Scotland, NI and Wales, all of which are allowed to have their own laws in place (I should know, studied Scottish law for a good year before realizing I love being an entrepreneur, not a solicitor or a barrister).
Alright, back to track...
Potentially, however, you can get the case dismissed if you can prove that they waited this long only to get your "debt" high enough to pursue it while having full knowledge of you having cancelled it. But, this depends heavily on their TOS. If it's a proper "we'll f*ck our clients good" TOS drawn up by an arse of a lawyer, then you are in trouble...
Again, the best chance you got is to contact your local Citizens Advice Bureau or Local Legal Advice Centre and get advice from them.
The thing to remember here is that the small claims track is not a full-blown court hearing that you see on the telly, but it's rather a quck hearing by the judge of what went down and his decision. He can decide for you, against you or to schedule a proper hearing date for the case if it's complex enough. So you must make your case fast and keep it simple, all the while proving that the hosting company is the one falsely accusing you. Not an easy trick to perform.
I can tell on an hourly basis if people are using their accounts. Its a shame that they did such a crappy thing to you.
From now on read tos and cancel subscription by mail/tel/fax/etc and always keep a prof.
Separate names with a comma.