Cancelling subscriptions

unreasonable termination notice

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For various reasons we have needed to cancel a few continuing policies. 

One policy (Health & Safety/Employment Law) contract is up for renewal some time in April 2018 and we have been informed that the termination notice should have been in last October !  As we haven't done so the we need to keep paying them for the next 41 months.  However they have  said out of the goodness of their hearts they will reduce this to 12 months.  This notice period seems entirely unreasonable.

Another policy was also up for renewal - we were reminded on the 18th December, which we replied on the same day to say we wouldn't be renewing.  This is for a period covering from the 1st April, so over the usual 90 day period.  They are now saying because the contract was originally signed on the 12th March that this is the date of the contract and we are within the 90 day period and therefore need to pay the next years premium.  Strangely the contract actually says "of 03" - so no specific date at all on it so we will definitely fight this one, particulary as surely it should be 31 March seeing the policy commences 1st April.

So this is a bit of a warning to anyone of unreasonable terms and I would love to hear of any similar stories where you have successfully not paid the renewal for whatever reasons.

Replies (15)

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By thomas34
15th Feb 2018 12:56

Looks like you're the victim of the auto-renewal scam. I use the word scam in the context of the Unfair Contract Terms Act. I would Google the exact name of the Act and tell them that you consider that the agreement breaches that Act and that you're not paying. At least give them a fight for their money. I've never heard of one of these matters reaching the County Court and it would be interesting to hear of their verdict on these agreements.

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Replying to thomas34:
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By I'msorryIhaven'taclue
15th Feb 2018 13:20

Bet you the auto-renewal scam firm pass collection on to a debt collector firm (who'll hound you with threat-letters which they themselves print on solicitors' headed paper!)

Ask for a copy of the agreement. That'll slow them down.

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Replying to thomas34:
By mrme89
15th Feb 2018 13:41

If you do that they'll laugh at you and pursue you for the amount.

The UCTA only really helps B2B when the contract seeks to limit or exclude liability. It is not helpful in the slightest for auto renewal clauses.

The fact it that the law sees businesses as able to read and understand contracts before entering them.

It's not a 'scam'. It's a contractual term that the OP agreed to.

If they don't wish to be caught out, they ought to read the bloody contracts they sign!

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Replying to mrme89:
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By I'msorryIhaven'taclue
15th Feb 2018 13:59

mrme89 wrote:

If they don't wish to be caught out, they ought to read the bloody contracts they sign!

That's why I said to ask for a copy. Better late than never.

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Replying to mrme89:
RLI
By lionofludesch
22nd Feb 2018 11:30

mrme89 wrote:

If you do that they'll laugh at you and pursue you for the amount.

The UCTA only really helps B2B when the contract seeks to limit or exclude liability. It is not helpful in the slightest for auto renewal clauses.

The fact it that the law sees businesses as able to read and understand contracts before entering them.

It's not a 'scam'. It's a contractual term that the OP agreed to.

If they don't wish to be caught out, they ought to read the bloody contracts they sign!

If I read all the terms and conditions for all the contracts I sign, I'd be dead before completing the job.

Who can honestly say they do that ?

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Replying to lionofludesch:
By mrme89
27th Feb 2018 12:40

It doesn't really take that long to read through a contract though does it.

If you read some of the horror stories on UKBF, you would probably take a different view.

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By I'msorryIhaven'taclue
15th Feb 2018 13:12

There's a tele-sales firm in Caerphilly (thick Welsh accents) who flog subscriptions to all sorts of policies - a year's access to Experian's database to credit-score clients & prospects, for example. The first year is always at a massive discount, typically 80%-90% or whatever they beat themselves down to, but miss the 90 day or so cancellation notice period and you'll be lumbered with an autorenewal for a second year's subsciption at the full (£2k or more) rate.

There have been posts on Sift's sister site UKBF over the years about that firm (and others like it), and you might do better asking there. I seem to remember one case where a firm got lumbered because an employee, not a director, lumbered them with an expensive 12 month subscription because she forgot to cancel the peppercorn-cost 3 month trial version she'd been talked into subscribing to. Can't recall the outcome though.

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Replying to I'msorryIhaven'taclue:
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By Livepay
15th Feb 2018 15:35

It's Creditsafe, nothing to do with Experian!

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Replying to Livepay:
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By I'msorryIhaven'taclue
15th Feb 2018 20:44

Creditsafe, Yeah, they're the firm I was thinking of.
They'd told me they draw their credit information from one of the three major credit monitoring agencies, so if not Experian then Equifax or Call Credit.

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By SJRUK
15th Feb 2018 14:29

Some of these companies won't do a yearly contract - I'm thinking about the phone system we have just changed to and their minimum was 2 yrs. And I think the H&S one would only do a 4 yr term.
The ones mentioned in the original post, we've been using for 10 yrs and 15yrs and so the terms are not in the memory bank as obviously just been renewed each time.
As you can see from my post I've located one of the contracts which has an unspecified start date and which I will challenge as they are using the date it was signed. The other one I cannot locate the contract as yet but will ask for a copy if need be, however a 6month termination notice is imo unreasonable.

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By tom123
15th Feb 2018 16:40

When I start a new job, the first thing I ask for is a list of direct debits. Helpful in flagging these types of things up.

I have previously cancelled contracts with D&B, fire alarms, time & attendance, HR etc etc. But, as others have said, business is for the big boys (and girls) and you do need to concentrate on what you sign - and keep a copy, and keep a note in the diary etc.

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Melchett
By thestudyman
16th Feb 2018 08:45

People need to recognise there is no cooling off period with b2b contracts unless the supplier specifically gives one.

It is vital to read over any contract or terms and condition before signing. It is an essential life skill (like not running yourself into debt). What do they teach children at school?

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By pauljohnston
22nd Feb 2018 11:23

It appears that if you are not sure you should issue notice to cancel in writing as soon as you take the contact out. Even if that notice only takes effect 12 months ahead.

Your mobile phone contact is 24 or 30 months in many cases so I dont feel that 2 year contract is unreasonable. 2 years notice is.

We were burnt by tolleys and taxation so I have many sympathies.

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By Chris Pittock
27th Feb 2018 12:23

We were also caught out by Tolleys unreasonable notice period.

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ALISK
By atleastisoundknowledgable...
27th Feb 2018 12:39

I pay my different FL Memo subscriptions by cheque to do my best to avoid this sort of thing!

Granted it’s not huge money, don’t know what the line is before they consider it fightable.

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