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

[enaid]

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

Ok I just thought as they were not hidden at all and under the add then that would be ok, I doubt they send anyone who cancels after using the free month would get anything in a durable medium as the T&Cs on that as you can see on this thread are different from the T&Cs for the full contract.

- - - Updated - - -

This is the complete add

Last chance to sign up for your FREE Racing UK trial!

Wednesday 25 November 2015

Phone

Call 0845 111 6444 (UK) or 0818 776 779 (ROI) and quote “RUK1MF”

Online

Visit racinguk.com/freetrial and enter code "RUK1MF" in the checkout summary For a step-by-step guide on how to sign up for your free trial online go to >>> racinguk.com/freetrialsteps

HURRY - OFFER ENDS 9PM TODAY!

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THE VERY BEST RACING FREE FOR ONE MONTH
During your free month you can enjoy complete coverage of the bet365 Hennessy Festival at Newbury, Tingle Creek Christmas Festival at Sandown Park and The International at Cheltenham!
ENJOY THE MOST COMPREHENSIVE COVERAGE OF THE JUMPS SEASON ON RACING UK

• [*=left]Every race live from UK's best Jumps courses
  [*=left]Analysis from the best pundits in the business
  [*=left]In-depth preview and review shows

Watch the Jumps Season unfold with your FREE MONTH TRIAL

on multiple devices with

Racing UK Anywhere*

You can watch your Racing UK free trial wherever you are thanks to our Anywhere service. Watch Racing UK on up to three devices of your choice* and choose from Sky, Freeview**, iPad, iPhone, Android, Desktop and Mobile web, so you can watch Racing UK... anywhere!
This means you do not need a Sky susbcription to take up a free trial!
So being away from your TV does not have to mean missing out on any of the action from our 34 racecourses.
*For technical reasons any changes made to your selected devices after making your initial selection may result in your free trial being void and payment being taken.
**Racing UK on Freeview only works on selected internet-connected TVs and Freeview boxes.

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Finally, Racing UK is an independent channel dedicated to racing. All profits go back to our racecourses, ensuring your interest in racing directly benefits the sport we all love.

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Full terms and conditions
Free trial period is only available to new residential Racing UK customers who join until 9pm Wednesday, November 25, 2015. Offer is not valid for customers who have previously taken up a free trial in 2015. Offer is not available to cable customers due to data restrictions.

Free trial period duration is from time of sign up for one month. This offer cannot be used in conjunction with any other offer and is limited to one per household. There is no monetary alternative.
Please note that customers need to call the Racing UK customer service team on 0344 855 2977 between 9am and 5pm from Monday to Friday no later than 30 days after the free trial commences if they do not wish to continue their Racing UK viewing. A cancellation request must be made via phone, email is not permitted.
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.
Please note if you do not cancel, it is possible that payment for the following month may be taken before your free trial expires.
For technical reasons, any changes made to your selected devices after your initial selection may result in your free trial being void and payment being taken.

[neilkav]

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

Thanks for all your help guys, but sorry I'm a bit lost now, are you saying that as I didn't receive a letter or email with the T&C's that there is some argue value? Or will I have been expected to see the T&C's as stated?

[EXC]

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

Ok I just thought as they were not hidden at all and under the add then that would be ok, I doubt they send anyone who cancels after using the free month would get anything in a durable medium as the T&Cs on that as you can see on this thread are different from the T&Cs for the full contract.

That the free trial terms were not hidden would satisfy ASA from an advertising perspective but not the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations from the perspective of having to provide the information in a durable medium.

[enaid]

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

So sorry neilkav, all my fault you have got confused as I am wrong on this so you just take notice of EXC or Amethyst and you be fine xx

[Amethyst]

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

He wants to quote this

Cancellation period extended for breach of information requirement

31.—(1) This regulation applies if the trader does not provide the consumer with the information on the right to cancel required by paragraph (l) of Schedule 2, in accordance with Part 2.

(2) If the trader provides the consumer with that information in the period of 12 months beginning with the first day of the 14 days mentioned in regulation 30(2) to (6), but otherwise in accordance with Part 2, the cancellation period ends at the end of 14 days after the consumer receives the information.

(3) Otherwise the cancellation period ends at the end of 12 months after the day on which it would have ended under regulation 30.

of

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013

because of the failure to provide terms in a durable form as per

Confirmation of distance contracts

16.—(1) In the case of a distance contract the trader must give the consumer confirmation of the contract on a durable medium.

(2) The confirmation must include all the information referred to in Schedule 2 unless the trader has already provided that information to the consumer on a durable medium prior to the conclusion of the distance contract.

(3) If the contract is for the supply of digital content not on a tangible medium and the consumer has given the consent and acknowledgment referred to in regulation 37(1)(a) and (b), the confirmation must include confirmation of the consent and acknowledgement.

(4) The confirmation must be provided within a reasonable time after the conclusion of the contract, but in any event—

(a)not later than the time of delivery of any goods supplied under the contract, and

(b)before performance begins of any service supplied under the contract.

(5) For the purposes of paragraph (4), the confirmation is treated as provided as soon as the trader has sent it or done what is necessary to make it available to the consumer.

( also of CCR 2013)

Schedule 2 is

SCHEDULE 2Information relating to distance and off-premises contracts ( http://www.legislation.gov.uk/uksi/2...chedule/2/made )

The information referred to in regulations 10(1) and 13(1) is (subject to the note at the end of this Schedule)—

(l)where a right to cancel exists, the conditions, time limit and procedures for exercising that right in accordance with regulations 27 to 38;

[Amethyst]

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

are you saying that as I didn't receive a letter or email with the T&C's that there is some argue value?

YES

[EXC]

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

So sorry neilkav, all my fault you have got confused as I am wrong on this so you just take notice of EXC or Amethyst and you be fine xx

Don't be a div, you found the free trial terms! (sorry to go off topic).

[neilkav]

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

Wow, you guys have been incredibly helpful, ALL of you!!!

I can see from Amythyst's reply that I should write to them, quoting various things, but can you clarify exactly what I should quote, and briefly how I should present my argument?

Really sorry for asking, but I'm just not sure from the above what to quote and in what context?

Thank you in advance...

[Amethyst]

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

Ummmm something like this should be okay to begin with ( someone better at letters might want to have a fiddle with it first )


Dear xxxxxxxxxxxxx,

NOTICE OF CANCELLATION
REFERENCE: xxxxxxxxxxxxxxxx - MR XXXXXXXXXXXX XXXXXXXXXXXXXXX

On 21st November 2015 I saw an advertisment for a one month free trial for Racing UK ( broadcasts???? ). I thought it would be a good opportunity to try out your service and proceeded to place an order. However I found I did not make as much use of the service as I thought I might and to that end decided not to proceed and cancel the service.

I contacted your firm on 23rd December 2015 after my free trial period to inform you I wished to cancel. My request was declined and I was quite horrified to find out that you considered myself to be tied into a further 12 month contract at £22.xx per month. I have not used the service since xxxxxxxxxxxxxxxxx 2015.

At no time since ordering the one month free trial have I received any copy of your terms or any contract by post or by email in a durable form, and I believe that the cancellation period for any contract does not commence until such time as these are received.

Therefore I expect you to cancel the service with immediate affect and take notice that I withdraw any authorisation for your company to take any funds from my bank account / debit card ( how ever payment was meant to be made)

For information regarding your obligations in making distance contracts please refer to the The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, specifically paragraphs 16 and 32, and Schedule 2.

Please confirm that my account has been cancelled and that no payments are due to you.

Kind regards


xxxxxxxxxxxxxxxx

[neilkav]

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

Oh my word, Amethyst, what can I say, you have been incredibly helpful, thank you so very much!!!

I shall send this off and see what they say.

Thank again, this site is brilliant!!

[neilkav]

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

Hi all,

So I sent of the letter as above by recorded delivery, and unfortunately today received the attached from a collection company - really not sure what to do now, guess this means RUK have ignored the points made in the letter. Not looking good. Any advice would be most welcome, thanks.

[Amethyst]

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

Hiya, I've edited personal details off your letter. Will have a look tmw, but BPO are pretty toothless as far as DCA's go, you could write to them to inform them you are in dispute with the original company, and they will probably just return it to Racing UK. Be back in the morning as am just off to bed... letters may well have crossed so possibly call RacingUK and ask them if they have received your complaint tmw.

[teaboy2]

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

Can i ask. When did they connect you so you could use the service? i know you ordered it on 21st November, but the date the service started is the date the trial began so its the date after that date in which the 30days start counted down from!

Also thought of something else too i.e. trial is just that, theres no contractual obligations or contract indeed formed till after the trial period, the contract starts from date after trial ended and its 14 days cancellation from when you recieve a copy of the contract!

[neilkav]

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

Thanks both kind of agree with what teaboy2 is saying but wouldn't know where to start in terms of presenting it as an argument!

Amethyst, thanks for the editing sorry, I should have realised personal data shouldn't be uploaded! Will wait for any further possible advice before establishing next course of action, thanks so much.

[teaboy2]

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

ill post again tomorrow afternoon/evening with draft arguement to use, as need to sleep now.