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Struggling to cancel and auto renewal contract
Hi, I'm a long time 'lurker' in the background but now I need some support so I've signed up to get your advice regarding a contract that I'm trying to cancel ahead of renewal.
I would like your opinion as to whether I'm going crazy or if I'm right in thinking I'm dealing with an over eager credit controller on the other end of the email.
I took out a contract some time ago for career guidance and support, I've used the services many times but have decided I no longer need the services. On 21 January I received an email stating my contract was up for renewal in 30 days and if I didn't want to renew I had 14 days to cancel by clicking on a button and filling out a form.
I didn't see this email initially but it was brought to my attention on 31 January 2024 when I received ad call and follow up email from the company telling me that they had been unable to process my renewal payment as my credit card had been declined.
This is when I discovered the above email (thankfully) and I dutifully followed the instructions to cancel noting that I was only 10 days into the 14 day timeframe that had granted, I then forwarded the acknowledgement to the credit controller and informed them I wouldn't be making payment.
The response came back that they were within their rights to renew the contract early. It took some back and forth to gather out where that came from but they state they are relying on clause 6.3 which reads:
"We accept payment by credit or debit card. Unless otherwise agreed with us, you must make payment for the Membership Services for the Subscription Period in advance of either your initial subscription period, or the renewal of your existing membership. We may take the renewal of your subscription up to 90 days in advance of your expiry date."
They are specifically relying on the last line that reads "We may take the renewal of your subscription up to 90 days in advance of your expiry date."
I informed them that was a misinterpretation because the whole clause is about payment not renewal and the whole of section 6 is about payment.
I also pointed out that clause 5.2 allows me to cancel the contract specifically stating:
"Where you do not wish to enter into a Renewal Period, you must provide us with written notice of termination (“Notice”) that you are terminating the Contract, effective from the end of the Initial Subscription Period or Renewal Period. Your Notice under this clause must be provided on the receipt of the renewal reminders that you will receive to the email registered to your account. Failure to inform us of a cancellation ahead of renewal will result in the subscription being taken and a strict no refund policy will be enforced."
They now insist that I cannot cancel because I have a payment outstanding but the only outstanding payment is for the renewal I've already asked to cancel.
Am I right in thinking this is a little crazy or am I missing something? Assuming I am right where do I go from here?
I have tried going back to the company via alternative means, I've been contracted direct by credit control so I sent an email to their customer support team but it was forwarded on to the very same credit controller. I feel like I'm going around in circles and not sure how to escape the loop.
Thanks in advance for your help.
I would like your opinion as to whether I'm going crazy or if I'm right in thinking I'm dealing with an over eager credit controller on the other end of the email.
I took out a contract some time ago for career guidance and support, I've used the services many times but have decided I no longer need the services. On 21 January I received an email stating my contract was up for renewal in 30 days and if I didn't want to renew I had 14 days to cancel by clicking on a button and filling out a form.
I didn't see this email initially but it was brought to my attention on 31 January 2024 when I received ad call and follow up email from the company telling me that they had been unable to process my renewal payment as my credit card had been declined.
This is when I discovered the above email (thankfully) and I dutifully followed the instructions to cancel noting that I was only 10 days into the 14 day timeframe that had granted, I then forwarded the acknowledgement to the credit controller and informed them I wouldn't be making payment.
The response came back that they were within their rights to renew the contract early. It took some back and forth to gather out where that came from but they state they are relying on clause 6.3 which reads:
"We accept payment by credit or debit card. Unless otherwise agreed with us, you must make payment for the Membership Services for the Subscription Period in advance of either your initial subscription period, or the renewal of your existing membership. We may take the renewal of your subscription up to 90 days in advance of your expiry date."
They are specifically relying on the last line that reads "We may take the renewal of your subscription up to 90 days in advance of your expiry date."
I informed them that was a misinterpretation because the whole clause is about payment not renewal and the whole of section 6 is about payment.
I also pointed out that clause 5.2 allows me to cancel the contract specifically stating:
"Where you do not wish to enter into a Renewal Period, you must provide us with written notice of termination (“Notice”) that you are terminating the Contract, effective from the end of the Initial Subscription Period or Renewal Period. Your Notice under this clause must be provided on the receipt of the renewal reminders that you will receive to the email registered to your account. Failure to inform us of a cancellation ahead of renewal will result in the subscription being taken and a strict no refund policy will be enforced."
They now insist that I cannot cancel because I have a payment outstanding but the only outstanding payment is for the renewal I've already asked to cancel.
Am I right in thinking this is a little crazy or am I missing something? Assuming I am right where do I go from here?
I have tried going back to the company via alternative means, I've been contracted direct by credit control so I sent an email to their customer support team but it was forwarded on to the very same credit controller. I feel like I'm going around in circles and not sure how to escape the loop.
Thanks in advance for your help.
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