Need advice: cancelled subscription with subscription box but they still charged me.

[dargu 0]

Hi,

 

In September I signed up for a subscription box, after getting the first box I realised that most of the products did not suit me as they were more suited for people with lighter skintone. When I opened my account to cancel any future boxes, I saw that they had already put me up for a new one. I tried cancelling from their website but couldn't, then I sent them a mail, to cancel my subscription and stating that I didn't wish to receive any more boxes. This was within 10 days of signing up for the service. I received a confirmation mail. But next month I got a reminder for payment of the box, but I ignored it thinking that their system made a mistake, they then handed over the case to a debt collection agency who have been onto me since then. I have tried reasoning with the subscription box but they told me that I could only cancelled the next box by the 10th of the previous month. But the catch is: I joined the service on 18th. 

 

I paid for the first box. But not the second one. I never received the second box. 

I would have understand if I didn't pay after getting the box. But I never received it, and also can cancelled within the 14 days. 

 

Honestly, this all thing sound really sketchy to me. Since I cancelled my contract within 14 days. 

But the constant mails from the debt collection agency is making me loose my mind. 

Can anyone suggest me some options?

 

Thanks

[Guest]

59 minutes ago, dargu said:

 

But the constant mails from the debt collection agency is making me loose my mind. 

Can anyone suggest me some options?

 

Stop ignoring it, ignoring it is always the worst thing and doesn't make it go away. Show them that you cancelled the subscription and got the confirmation. 

[Smaug 5,849]

It might also be a requirement to return all the goods you already received for the "Widerruf" to be effective. Check the "Widerrufsbelehrung" that they should have given you when you ordered.

[dargu 0]

I sent them a mail after that and told them that I cancelled within 14 days but they told me that I could only cancel the next box by the 10sept  but I joined on 18th. And now they can't do anything since they have handed over the request to the debt collectors and if I want something I have to contact them. 

 

The box I ordered was "September box" which technically should be the October box. Since I joined on 18th . So I automatically lost my right to cancel the October box, because according to them I could only do it by 10th of September. And I was automatically signed up for that one as well. When I was paying, they could have been transparent and told me to pay for two boxes. 

[dargu 0]

1 hour ago, Smaug said:

It might also be a requirement to return all the goods you already received for the "Widerruf" to be effective. Check the "Widerrufsbelehrung" that they should have given you when you ordered.

 

1 hour ago, someonesdaughter said:

 

Stop ignoring it, ignoring it is always the worst thing and doesn't make it go away. Show them that you cancelled the subscription and got the confirmation. 

I sent them a mail after that and told them that I cancelled within 14 days but they told me that I could only cancel the next box by the 10sept  but I joined on 18th. And now they can't do anything since they have handed over the request to the debt collectors and if I want something I have to contact them. 

 

The box I ordered was "September box" which technically should be the October box. Since I joined on 18th . So I automatically lost my right to cancel the October box, because according to them I could only do it by 10th of September. And I was automatically signed up for that one as well. When I was paying, they could have been transparent and told me to pay for two boxes. 

 

I never received the box so in a way they didn't incurr and loss, the debt collection company is charging me on the basis of section 286, Aland a clause in that says that if they never incurred any loss they aren't eligible for this. 

[Malt-Teaser 3,728]

Now why did I think this was going to be about a router?

[Guest]

51 minutes ago, dargu said:

 

I sent them a mail after that and told them that I cancelled within 14 days but they told me that I could only cancel the next box by the 10sept  but I joined on 18th. And now they can't do anything since they have handed over the request to the debt collectors and if I want something I have to contact them. 

 

Contact the debt collectors, don't ignore them. Inform them that you have effectively terminated the contract and that the termination has been confirmed. Show them the proof (the confirmation mail).

[dargu 0]

1 hour ago, someonesdaughter said:

 

Contact the debt collectors, don't ignore them. Inform them that you have effectively terminated the contract and that the termination has been confirmed. Show them the proof (the confirmation mail).

 

Thanks. I'll try to do that.

[dargu 0]

On 20/11/2018, 18:01:16, someonesdaughter said:

 

Contact the debt collectors, don't ignore them. Inform them that you have effectively terminated the contract and that the termination has been confirmed. Show them the proof (the confirmation mail).

 

I contacted them, but they seem to be bouncing me back and forth, saying that the bill was dated 26th sept, and I signed up for a service on 18th sept, and the confirmation of cancellation was 4th Oct. 
They say it doesn't matter that I canceled on 28th Sept, According to their client, the invoice made was not paid. 
The thing is,
1. I Paid for the first box.
2. I never used or got the second one. So the company never incurred any loss. Moreover, I canceled the contract within 14 days. 

For some reason, I believe the Client company made an error and blindly handed over the contract to Inkasso, Now they just want me to take the fall. 
 

 

 

[dj_jay_smith 3,449]

I think the fact that you cancelled within 14 days if the most important point, with is allowed under EU law (with some exceptions), and this is the major point you should be arguing and you should just ignore everything else and tell them that if they don't resolve this then you will take things further.

 

But, if they do not accept this then you will have to find a lawyer and pursue it legally.

[El Jeffo 42,134]

Before you spend a lot of money on a lawyer, it might be better to just spend a little money on a consultation with your local Verbraucherzentrale.  I think a session costs €25 or something.

[Cammiede 1,300]

14 minutes ago, dj_jay_smith said:

But, if they do not accept this then you will have to find a lawyer and pursue it legally.

 

Either I’m missing something or I don’t understand why he is/has been getting some of the advice he’s been given. 

 

Why should he respond to them at all and why does he have to pursue it legally? 

 

You are very unlikely to persuade a collection agency. While they are likely owned 100% by the original debtor and likely lease office space from them, they are two separate entities. Would it not be better to remain silent until the Mahnbescheid arrives, then contest it?

[dj_jay_smith 3,449]

Just now, Cammiede said:

 

Either I’m missing something or I don’t understand why he is/has been getting some of the advice he’s been given. 

 

Why should he respond to them at all and why does he have to pursue it legally? 

 

You are very unlikely to persuade a collection agency. While they are likely osned 100% by the original debtor and likely lease office space from them, they are two separate entities. Would it not be better to remain silent until the Mahnbescheid arrives, then contest it?

 

I meant with the original company, but I wasn't clear, in the end if they have falsely sent it to a collection agency  then they are responsible for claiming it back and paying the agency a fee (for their mistake).

 

I don't know if it would be better to wait for the Mahnbescheid or not, but my feeling is to try and get it sorted sooner rather than later.  But  Verbraucherschutzzentrale or Lawyer could advise better of course.

 

[dargu 0]

21 minutes ago, dj_jay_smith said:

I think the fact that you cancelled within 14 days if the most important point, with is allowed under EU law (with some exceptions), and this is the major point you should be arguing and you should just ignore everything else and tell them that if they don't resolve this then you will take things further.

 

But, if they do not accept this then you will have to find a lawyer and pursue it legally.

I did make this point but the company is saying that the next box for which I didn't pay could only be cancelled by 9th September, So even though I cancelled within 10 days of joining, I lost the right to cancel that box. 

This is what looks shady to me. This is just Absurd, Don't you think so? I mean at the time of joining a service you are secretly charged for something. 

 

 

[dargu 0]

9 minutes ago, dj_jay_smith said:

 

I meant with the original company, but I wasn't clear, in the end if they have falsely sent it to a collection agency  then they are responsible for claiming it back and paying the agency a fee (for their mistake).

 

I don't know if it would be better to wait for the Mahnbescheid or not, but my feeling is to try and get it sorted sooner rather than later.  But  Verbraucherschutzzentrale or Lawyer could advise better of course.

 

I have really tried reasoning with the original company and also told the Inkasso that the section under the law through which they are demanding the money, is not valid, since the company Never incurred any loss, the service they are charging me with was never used. But, their response is, they don't care. ?

[dargu 0]

22 minutes ago, Cammiede said:

 

Either I’m missing something or I don’t understand why he is/has been getting some of the advice he’s been given. 

 

Why should he respond to them at all and why does he have to pursue it legally? 

 

You are very unlikely to persuade a collection agency. While they are likely owned 100% by the original debtor and likely lease office space from them, they are two separate entities. Would it not be better to remain silent until the Mahnbescheid arrives, then contest it?

 

Would they really take it court? the box was €14.99; I didn't pay the second one thinking that I already canceled and that it's probably an internal error. When Inkasso bill arrived it was €96. 
Had I received the box, I would have paid, But since I didn't, I took that as a confirmation that the I already canceled. 
But Is it that extreme that it would be dragged to court? 

[Cammiede 1,300]

9 minutes ago, dargu said:

But Is it that extreme that it would be dragged to court? 

 

I would say it is likely to reach the Mahnbescheid stage at least. Then if you don’t contest it, you will have to pay. 

 

If you do contest it, you will likely hear nothing for quite some time. When the legal time limit nears its end, they will decide whether to pursue it in court or not. 

 

At this stage you may or may not receive word that the case has been moved to a different jurisdiction. 

 

Shortly thereafter, you may or may not get further instructions from the court. 

 

Or they may just drop it.