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Hi there, I'll explain the situation.
I live in the UK. I subscribed to premium services on a german website for £22.49 about 3 months ago. I did not properly read or I forgot that this subscription was recurring every three months. I used the site for maybe a few days, then forgot about it. Fast forward three months, £22.49 is taken from my account by a name who I do not recognise in the slightest. I try to think what it's for, but cannot for the life of me so I conclude that it is fraud, have my bank chargeback the payment and blacklist further payments to this company. It turns out this company (also German) handles the payment processing for the website, hence the name I did not recognise.
A day or so later, I receive an email explaining I have to pay £22.49, plus £50 fee due to the chargeback within 14 days, or the debt will be handed to another collection agency.
I try to contact the payment processing company, they say to contact the site who I already had contacted to no avail. Eventually the site replies and says I just have to pay it.
Now, here is the big however. I will now copy and paste a section of the sites terms of use with some redacted info, and then explain some more about why I don't think they have the right to pursue funds.
Sec. 11 Payment Provider / Default of Payment
See point 2. It states that direct debits are taken under a certain name. This name it states relates to the website. However, the payment taken from my account was not taken by the name stated, it was taken under a completely different name that relates to the payment processing company they use. Therefore, they provided false information, and as a result one could argue that it was perfectly reasonable for me to suspect that the payment was fraud.
I have since sent another email in response highlighting this. I have taken photographs of the website and their terms of use, an of course have access to my bank statements which would show the payment and the name it was taken under.
What do you think? Is this in my favour, or are they still able to pursue me?
I live in the UK. I subscribed to premium services on a german website for £22.49 about 3 months ago. I did not properly read or I forgot that this subscription was recurring every three months. I used the site for maybe a few days, then forgot about it. Fast forward three months, £22.49 is taken from my account by a name who I do not recognise in the slightest. I try to think what it's for, but cannot for the life of me so I conclude that it is fraud, have my bank chargeback the payment and blacklist further payments to this company. It turns out this company (also German) handles the payment processing for the website, hence the name I did not recognise.
A day or so later, I receive an email explaining I have to pay £22.49, plus £50 fee due to the chargeback within 14 days, or the debt will be handed to another collection agency.
I try to contact the payment processing company, they say to contact the site who I already had contacted to no avail. Eventually the site replies and says I just have to pay it.
Now, here is the big however. I will now copy and paste a section of the sites terms of use with some redacted info, and then explain some more about why I don't think they have the right to pursue funds.
Sec. 11 Payment Provider / Default of Payment
- *WEBSITE NAME* cooperates with external payment providers to process payments for Paid Memberships. If you make a payment to us, you must agree to the GTC of the respective payment provider, for which you will receive a separate opportunity before payment. You can choose between different payment methods (e.g. by credit card or electronic direct debit), as well as different tariffs of membership fees. If you do not agree to the GTC of the payment providers, we cannot offer you our Paid Memberships.
- Direct debits to your credit card or bank account are made under the name "*****". The data is transmitted via a secure connection.
- In the event of an increase in the statutory value added tax, we are entitled to adjust our prices accordingly. This also applies if compulsory expenses (e.g. costs for hosting or traffic) should increase for the fulfilment of the contract, without the price increase being based on the reasons attributable to us. You will be informed of any possible price increase in good time so that you are able to cancel in good time ("properly") if necessary. Conversely, we are obliged to pass on a corresponding tax or price reduction to you.
- If due to (for lack of cover or for other reasons for which you are responsible) bookings that have not been redeemed or have been cancelled wrongly by you arise costs, you are obliged to accept them. These costs are charged to us by the bank, the credit card company or the payment provider and their amount depends on the method of payment used in each case, as well as the bank or the billing service provider involved.
See point 2. It states that direct debits are taken under a certain name. This name it states relates to the website. However, the payment taken from my account was not taken by the name stated, it was taken under a completely different name that relates to the payment processing company they use. Therefore, they provided false information, and as a result one could argue that it was perfectly reasonable for me to suspect that the payment was fraud.
I have since sent another email in response highlighting this. I have taken photographs of the website and their terms of use, an of course have access to my bank statements which would show the payment and the name it was taken under.
What do you think? Is this in my favour, or are they still able to pursue me?
