Hi dear Lemmy / Netherlands people! I have a problem. On the 7-th of February, I’ve sent an email to a Dutch company. I’ve requested to cancel my paid subscription (dozens of euros per month). They are denying my cancellation saying I haven’t gone to their (broken) website, and asking for 2 additional months of payment from me now.
Who is in the right here? Should I deny the incoming payment requests even if they threaten with debt collection services?
The email that I’ve sent originally was this:
Subject: Subscription cancellation
Good day,
I couldn’t find an account management option on the website. Could you please cancel my MyHealthClub subscription?
( = not extend it for the next month)
My email is *****@gmail.com,
**** Month **
Thank you,
Name
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Why are they requiring an additional two months? If their website is broken send them an email, block the payment, screenshot the broken website. They could try to enforce that but the likely wouldn’t stand a chance. EU law says it can’t be more difficult to cancel a subscription than it was to begin one.
I think the point around them wanting a couple more months is a key point though. Why are they expecting that?
Hey, I just want to briefly update on that, since you’ve spent your time writing a response.
In the end, I’ve decided I feel that they’re in the wrong (ethically and legally). I’ve declined the payment, they’ve insisted I should pay. I’ve continued denying the payment and explained that I’m ready to go to court with that. The back and forth lasted for a few weeks (~3), in the end they’ve already sent me an email that my case will go to debt collection services. I’ve declined and explained my point of view yet again, explaining that I’m ready to go to the court with that. At this point, they’ve withdrawn their request and sent me an email that this invoice has been cancelled.
So… that’s how it ended. :shrug:
Thanks again for your response! It helped me think about what is right and what is not adhering to the law in the country, and how to proceed.
Thanks for the response!
EU law says it can’t be more difficult to cancel a subscription than it was to begin one.
I’m also asking because I feel powerless (and wronged) but I don’t know my rights very well yet.
I think the point around them wanting a couple more months is a key point though. Why are they expecting that?
They have a statement in their agreement that cancellations have a 1-month notice period and are monthly, so that’s up to 2 months. After I’ve sent them the original email, I thought their follow-up money request is a glitch so I’ve declined that. I got worried later when they’ve started sending me emails implying debt collection services, and at that time I’ve sent them another super-formal email + did manage to go through their (still quite broken) website. The company’s view is that I haven’t gone to their website so my cancellation original email counts for nothing, and they simply ignore any of my mentions or screenshots of the broken website as well.
So their perspective, if I understand it correctly, is that I’ve only cancelled much later and I still need to pay for 2 extra months.
(That’s how their cancellation website looks. Broken year selector, and their auto-generated response to my original email said I need to fill my personal number which they’ve said is “0000”.)
I AM NOT A LAWYER, so this message is for entertainment purposes only and should not be considered legal advice. Double check all information with a legal expert. If your income is low you could contact the Juridisch Loket for free.
I believe the law states that a company has to accept a written (schriftelijk) cancellation. Case law has established that email counts as written communication.
You also have to be able to cancel your subscription in the same way it was established. If you joined online you should also be able to cancel online. I think this may include email. Moreover, cancelling should be no more complicated than getting a subscription.
If you can prove the email was sent and received, I think you should have a very strong case. Their conditions may state you have to cancel through the website, but this should be null and void (nietig) in court.
The cancellation delay (opzegtermijn) can be no more than one month. So they should only be able to charge you for the month in which the email was sent and the month after that.
Hey, I just want to briefly update on that, since you’ve spent your time writing a response.
In the end, I’ve decided I feel that they’re in the wrong (ethically and legally). I’ve declined the payment, they’ve insisted I should pay. I’ve continued denying the payment and explained that I’m ready to go to court with that. The back and forth lasted for a few weeks (~3), in the end they’ve already sent me an email that my case will go to debt collection services. I’ve declined and explained my point of view yet again, explaining that I’m ready to go to the court with that. At this point, they’ve withdrawn their request and sent me an email that this invoice has been cancelled.
So… that’s how it ended. :shrug:
Thanks again for your response! It helped me think about what is right and what is not adhering to the law in the country, and how to proceed.
Glad it worked out!
It kind of depends on the service you were subscribed to. Do you know the stated cancellation period? I think the standard is one month (which you then still have to pay for but are also allowed to use the service).
You are allowed to cancel a subscription by written statement (letter or E-mail) so to me it seems you did things right but without knowing the terms and conditions of the service I can’t say for sure.