** SORTED ** 1 Month Free Trial, now locked in - Racing UK

[Amethyst]

Re: 1 Month Free Trial, now locked in - Racing UK

Okay so write to BPO

Dear BPO

Your Ref xxxxxxxxxxxxxxxx

I am in receipt of your letter dated 15th January 2015. The account on which you have been engaged to collect an alleged debt is currently in serious dispute with Racing UK Ltd and I am in communication with them directly.

No further communication will be entered into with yourselves until such time as that dispute is resolved.

Kind regards

Neilkav


and give Racing UK a call and tell them you have raised a complaint with them and to recall the account from BPO.

[neilkav]

Re: 1 Month Free Trial, now locked in - Racing UK

Ok, will do thanks Amethyst!

[teaboy2]

Re: 1 Month Free Trial, now locked in - Racing UK

Write to Racing UK the following

Dear Sir/Madam

As perviously explained to yourselfs i order a 1 month free trial on the 21st december 2015, which i then subsequently called you on the 23rd december 2015 to cancel my membership, as per my right to do so. You stated that i was required to cancel my membership withing 30days of the free trial starting and as i had failed to do so, i was now enrolled into a 12 month contract. I would like to point out that no contract has been provided to myself in durable medium, and that the law is clear as to my rights to 14 days to cancel only commencing once i receive the contract in durable form, non receipt of contract and terms and conditions in durable medium means i am entitled to cancel at any time up to a period of 12 months and not be held liable for the full cost of the alleged contract.

I would also like to point out that the trial period is just that, it is not in anyway included as part of the duration of the contract as its made clear that a contract would only be entered in to after the trial period ends should i not cancel before then. The right to 14 days to cancel only applies once a contract has been entered and a copy provided in durable medium. In essence the monthly free trial was a seperate contract fixed to a duration of just 30 days! This is made clear in the terms of the trial that formed part of the advert in which the trail period was offered, by the use of the following:

"Free trial period duration is from time of sign up for one month." This made clear the trial contract was for one month only!

"The free trial period will automatically revert to the standard full price subscription of £22.98 (UK) / €28.60 (ROI) per month at the end of the free trial period if not cancelled within this timeframe. After the free trial period expires, customers who remain active and who have not cancelled within the timeframe referred to earlier will be subject to a 12-month minimum term." - This part makes it clear that the trial contract will convert (revert - Noun) too a standard full price subscription only if the trail is not cancelled prior to the trial period termination date or point of expirary. It also makes clear that after the point of the trial periods expiring customers who remain active (who did not cancel the trial) would be subject to a 12-month contract - Therefore only after the date the trial expires is a 12 month contract created, therefore the right to 14days to cancel said contract starts once the contract has been created and a copy given in durable medium!

As i phones to cancelled on the 23rd December 2015, then not only was my attempt to cancel made within 2 days of the contract actually being formed, it was also made prior to any contract or terms and conditions being provided in durable medium as required under section 16 The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, which in turn gives myself as a consumer the right under section 31 of the same regulations to treat the cancellation period as being on going up to a period of 12 months unless said information is provided in durable medium within those 12 months in which case the cancellation period ends 14 days after the date the information is received.

Therefore to summarize:

Trail period ended on the 21st December 2015 and was converted in to a 12 month contracted that started on the 22nd december (it can not start on same date trial expires as the expiration would have been at 11:59pm on the 21st)!
No Contract and terms and conditions have been provided as required under section 16 The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, when the 12 month contract was created.
As no contract and terms and conditions were supplied then the right to cancel extends upto a period of 12 months after the date the contract is created (22nd December 2015), unless contract and terms and conditions are supplied between now and then - In which case right to cancel extends to 14 days aftr the date the contract and terms and conditions are supplied in durable medium as per section 16 of above regulations.
Therefore when i called to cancell on the 23rd december, just 1 day after the date the 12 month contract was created, then not only was i within my rights in law to cancel, but as i still have not received a contract in durable medium as per section 16 of the above regulations then section 31 makes it clear that my right to cancel applies for upto 12 months after date contract is created or 14 days after date the contract is finally provided in durable medium. Therefore attempt to cancel on the 23rd was within my rights to do so and as you refused to allow myself to do so, your in breach of the The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and in breach of contract as well.

Not only that, but as i have started to receive letters from Debt collection Agency on your behalf, attempting to recover the full 12 month subscription cost of the 12 month contract, then you are now harrassing me in breach of the protection from harassment act 1997. But even more seriously than that, as a company you should know doubt know the law, and therefore you are now knowingly persuing myself for moneys, that you know your not entitled too. Therefore your claim for the monies is false representation which puts you in breach of the fraud act 2006, as you are falsely attempting to claim money you know or should know your not actually legally or contractually entitled too, by falsely stating otherwise and by unlawfully denying me my right to cancel when i trued to do so on 23rd december 2015. And thats not all, but as its likely your sharing information with credit reference agencies, then any recording of this alleged debt on my credit file would be libellous (for which i can sue for libel and claim damages) and inaccurate recording of data in breach of the data protection act 1998.

Yours Sincerely

xxxxxxx

P.s. cancel my account and so called contract withing 14 days or i will take further action. I hereby formallt put you on notice that i withhold the right to take legal action without further notice, and the right to report your attempt to defruad me to the police or action fraud!!



--------------------------------------------------------------------------------


Is a bit strong worded and throws a lot in, plus bit long winded. But it will probably get their attention!

You will noticed i included (revert-noun) in the letter. Thats is because they included the word "revert" when stating the trail will revert to a standard subscription. Revert usually means to return to previous state, but that clearly can not happen as no contract existed prior to the trial, therefore the meaning of the use of the word "revert" is the same as its noun meaning i.e. to convert - So yes they used a bit of word play trickery there, to confuse more than anything else - which they may try to rely on given the average desk jockey employee isn't going to know the real meaning behind the use of that word in their terms!

[Amethyst]

Re: 1 Month Free Trial, now locked in - Racing UK

Blimey Teaboy, that's a complicated missive - the summary is almost as long as the rest of the letter lol, they might cancel the bill just to save themselves having to read it xxx

[teaboy2]

Re: 1 Month Free Trial, now locked in - Racing UK

Blimey Teaboy, that's a complicated missive - the summary is almost as long as the rest of the letter lol, they might cancel the bill just to save themselves having to read it xxx

Why thats the whole plan Amethyst - Plan B is to bore them to death!

[neilkav]

Re: 1 Month Free Trial, now locked in - Racing UK

WOW teaboy 2 thank you sounds brilliant!!!

You guys are awesome, I'm gonna send this and see what happens, will also contact BPO as advised earlier, THEY SHALL NOT WIN!!

[teaboy2]

Re: 1 Month Free Trial, now locked in - Racing UK

WOW teaboy 2 thank you sounds brilliant!!!

You guys are awesome, I'm gonna send this and see what happens, will also contact BPO as advised earlier, THEY SHALL NOT WIN!!

Your welcome @neilkav - Make sure you correct any spelling or grammar errors in the draft i wrote for you first though.

[neilkav]

Re: 1 Month Free Trial, now locked in - Racing UK

A VICTORY FOR THE COMMON MAN!!!

Well this morning I received a phone call from RUK advising they had received my letter, and that the account had now been cancelled with nothing further owing.

I will of course wait until I have it in writing, but this looks like a stunning result, and a real victory for us mere mortals with this type of contract.

A huge thank you to you guys - I cannot thank you enough, the time you spent on this writing letters for me and advising, I am forever grateful.

Going to do as much as I can to advertise this site, and recommend to my friends and peers.

Thank you so much, Neil.

[Amethyst]

Re: 1 Month Free Trial, now locked in - Racing UK

Ah ha brilliant news ! [MENTION=19071]teaboy2[/MENTION] - the 'bore them into dropping it' missive obviously works, I'll have to try it Well done !!!!

[enaid]

Re: ** SORTED ** 1 Month Free Trial, now locked in - Racing UK

Fab news well done x

[teaboy2]

Re: ** SORTED ** 1 Month Free Trial, now locked in - Racing UK

Excellent news, glad its all sorted now, though keep an eye on your credit report as it has been know for the debt to be registered and not removed (usually takes 30 days to remove if registered).
[MENTION=6]Amethyst[/MENTION] - I can give you some free tips on how to bore them to death, if you like lol

[CJ2016]

Re: ** SORTED ** 1 Month Free Trial, now locked in - Racing UK

Hi guys,

I read this thread with interest as the same thing has happened to me almost to the letter..I signed up for the free trial with Racing Uk on the 18/6 and I called them to cancel on the 19/7 but they had already taken a payment on the 18/7 and now are telling me that I am in a 12 month contract and there's nothing they can do to cancel it!!

I didn't even realise this was a 12 month minimum contract as most things now you can pay monthly so I presumed that this was the same!

Anyway I called them again this morning and they insist that I am bound to their 12 month contract.. I told her I had 14 days to cancel the contract from the date I receive it (like the original poster I haven't received a contract or notification of T&Cs in writing / 'durable medium') - I asked her when I could expect to receive the contract as I would then notify them within 14 days of receiving it that I didn't want to go ahead with the contract and she told me that I would get it 'in a few weeks'!!

Will I be able to use the same arguement(s) that the OP used against these crooks or do you think that they would have changed something in their terms since?

By the way -the thing that caught me out was that I barely used it after Royal Ascot and as I wasn't sure of my renewal date I was going by a 'Welcome to Racing UK' email that I received on 24/6 which I presumed then was the date that I signed up (as it was the first communications that I had received from them - it was a generic email with no reference to my account or no notification of T&Cs relating to any contract).

Thanks all!

[Amethyst]

Re: ** SORTED ** 1 Month Free Trial, now locked in - Racing UK

Yes, the arguments are unrelated really to their contract really, it's to do with a Distance Contract and covered by the Consumer Rights Act & The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

[jaimewhite]

I have also fallen into this saddening affair. Do you guys think this will work should i send it
Dear Sir/Madam,
RE: NOTICE OF CANCELLATION - REFERENCE: xxxxxxxxxxxxxxxx - MR XXXXXXXXXXXX XXXXXXXXXXXXXXX
As previously communicated, I subscribed to a 1-month free trial that concluded on 8th December 2023. Subsequently, on 24th January 2024, I contacted your company to exercise my right to cancel the membership. I understand that your records indicate my failure to cancel within 30 days, resulting in my enrollment into a 12-month contract. However, I must emphasize that no contract or terms and conditions have been provided to me in a durable medium as required under Section 16 of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
According to the law, my right to a 14-day cancellation period only commences upon receiving the contract in durable form. As of now, I maintain the right to cancel at any time within 12 months from the creation of the alleged contract unless the required documentation is provided within that period, in which case the right extends to 14 days after receipt.
To clarify the timeline:

1. The trial period ended on 8th December 2023 and purportedly converted into a 12-month contract starting on 9th December 2023 (not on the same date the trial expires).
2. No contract and terms and conditions have been supplied, breaching Section 16 of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
3. Therefore, my right to cancel extends up to 12 months after the date the contract is created (9th December 2023), unless the contract and terms are provided in durable medium within that time. If supplied, the right extends to 14 days after receiving the documentation.

When I attempted to cancel on 24th January 2024, just a few weeks after the alleged contract's creation, I was well within my legal rights. Your refusal to allow the cancellation constitutes a breach of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and a breach of contract.
I kindly request the immediate cancellation of my account and confirmation that no further payments are due. Please provide the necessary contract and terms and conditions in durable medium or acknowledge my right to cancel as outlined above.
I trust you will address this matter promptly and appropriately.
Yours sincerely,
[Your Name]

[des8]

You are unlikely to receive a response posting on an existing thread that is 7+years old.
Suggest you start your own.

Don't understand why you are including ". Please provide the necessary contract and terms and conditions in durable medium or acknowledge my right to cancel as outlined above" You don't need them.