Small dispute over web domain charges, but wrong name?

[colony]

A couple of months ago, I set up a website for my friend to start a small business. It was her birthday and it was my present to her.

I decided to pay via paypal, however they did this thing where they generate an invoice and then directly charge the paypal account.

Unfortunately, I did this on my iPhone and failed to read the small print, and a couple of weeks later I received an email from paypal saying my account had been charged £54. (I was expecting more around £12). They had charge for 24 months as opposed to month by month as I thought.

The first thing I did was go to paypal and dispute the payment saying that I did not authorise the payment and I won (probably due to domain company not responding) and got my money back safely in my account.

A few days later I rang up to cancel the web domain account. This was all fine and the customer service assistant did not mention any outstanding charges.

A couple of weeks later I received an email saying my account was outstanding and needed to be settled. I emailed back explaining the above and their reply was "sorry, please ignore the email".

I have since received further emails and a letter and now after a couple of phonecalls they have backtracked and said actually I DO have to settle the account.

I'm not really happy to do so as I didn't use their services at all. All the correspondence is under my friend's name, but with my address and email address.

If I don't pay, can they take it further without having the account in my name? (I can't tell my friend, she'll go mad. Plus they don't have her details anyway).

[Never-In-Doubt]

Re: Small dispute over web domain charges, but wrong name?

PayPal have no legal powes in the UK - dont worry about it, if it is them you owe......

[billypre]

Re: Small dispute over web domain charges, but wrong name?

Did you not have a right to cancel ? How long did it take for you to open the dispute ? Did you try contact the company before disputing ?

Niddy, it's not Paypal who is asking for money, it is the company he bought the site from.

[colony]

Re: Small dispute over web domain charges, but wrong name?

Yes there was a 7 day cancellation period however I opened the account on the 15th October and didn't receive the paypal charge until 28th October (which was the first indicator of how much they were charging (no previous invoice).

I disputed the charge via paypal immediately, but didn't ring up and cancel the account until the 12th November (I think I forgot about it!).

What do you think?

[billypre]

Re: Small dispute over web domain charges, but wrong name?

If you gimme a name or a link to their page i'll have a look

[colony]

Re: Small dispute over web domain charges, but wrong name?

1&1 internet limited

https://order.1and1.co.uk/xml/order/Hom ... H.UK-20101

Thank you!

[stevieb]

Re: Small dispute over web domain charges, but wrong name?

2 things to look at here.
did you order a domain name AND hosting?

if so the domain name is non refundable so you will be liable for it for the whole time.
the hosting you should be able to get out of easy enough.

[colony]

Re: Small dispute over web domain charges, but wrong name?

I had the "beginner's package" which I believe includes both.

What do you think is the best plan of action?

Is there any scope to avoid charges re: name of the account?

[stevieb]

Re: Small dispute over web domain charges, but wrong name?

From their website ..

The billing cycle for your chosen package is 12months, payable in advance.
Prices exclude VAT.


Continue
Payment Policy:
General
Your account will be automatically charged at the beginning of each billing cycle for the entire cycle. Billing cycles will continue automatically, unless you choose to cancel your package.

Web Hosting
Beginner package has a twelve-month billing cycle.

<----->


60-day Money Back Guarantee does not apply to this offer.


...

So what they have done is basically billed you for one year ..


£46.85 is what should be billed anyway .. monthly @ 2.49 * 12 + 9.99 setup fee plus VAT .

other than that ignore the letters or return to sender if her name your address, and change your email address
1&1 are notoriously bad on _everything_ from customer services to actual hosting.

[colony]

Re: Small dispute over web domain charges, but wrong name?

Another website suggested sending 1&1 an invoice stating charges for phonecalls and administration etc. Do you think that's worth a shot?

1&1 will probably hand over to a debt collecting agency. As it's not in my name, shall I return those to sender too?

[billypre]

Re: Small dispute over web domain charges, but wrong name?

What exactly did the "sorry, ignore last email" email say ?

[stevieb]

Re: Small dispute over web domain charges, but wrong name?

Another website suggested sending 1&1 an invoice stating charges for phonecalls and administration etc. Do you think that's worth a shot?

1&1 will probably hand over to a debt collecting agency. As it's not in my name, shall I return those to sender too?

Have you still got the emails?
if so compile them all together in a timeline (including phone calls) showing that
a) it was cancelled
b) it was acknowledged that it was cancelled
c) that it is an _error_ on their system that the account is still live after the first 2 points have been agreed.

you can try sending them an invoice for calls/time circa £7 an hour should be enough plus phone charges you might get that whistled straight through.

[colony]

Re: Small dispute over web domain charges, but wrong name?

I still have the emails. I'll copy and paste the one where they acknowledge mistake.

-----Original Message-----
>> From: billing@1and1.co.uk
>> Sent: Fri, 19 Nov 2010 21:01:55 +0100
>> To: ********
>> Subject: K28328325 / V31284597 Declined debit note
>>
>> Dear -----------,
>>
>> We are writing to inform you of a matter requiring your attention. Due to
>> a problem with your current method of payment, we were unable to receive
>> your payment for your 1&1 services, and there is now an outstanding
>> balance on your account at 1&1.
>>
>> Please take a moment to log into your 1&1 account and update or change
>> your method of payment as soon as possible, so that we can continue to
>> offer your 1&1 services without interruption.
>>



My reply:

I have already cancelled this account as of November 12th, due to unexpected charges and
> the matter has been closed.
>
> Please update this on your system.


Their response:

Dear ----------------, (Customer ID: 2********)

Thank you for contacting us.

I am writing to confirm that your account has a termination date already. Please disregard
the email that you received below.

If you have any further questions please do not hesitate to contact us.

--
Sincerely,
Technical Support
1&1 Internet



That was on November 22nd. On December 6th, I started receiving the emails requesting payment. I still can't believe they have the nerve!!

[billypre]

Re: Small dispute over web domain charges, but wrong name?

Being Devils Advocate it looks like that email only confirms that the account has been cancelled, but doesn't confirm that no payment is outstanding.

Just going by their T&C here is something else you should note :

5.13
Any customer withdrawing payments via bank or credit card, Direct Debit or Pay Pal (referred to as "chargeback") in a way the company believes is unfair shall incur a punitive fine of £10.

5.15
Customer accounts that are not settled by 20 days after due date will be passed to a debt recovery agency and will incur an administration fee of £15.00.

5.8
If the Charges are not paid in accordance with the Company's invoice, the Company shall be entitled so far as is permitted by law and without prejudice to any other rights it may have to charge interest on the outstanding amount (both before and after judgement) at the rate of 6% above the base rate from time to time of HSBC Bank plc, SUTTON Surrey from and including the due date but excluding the date the outstanding amount is paid in full.

Now, after saying all that, i see that the beginner package you took has a "60-Day Money Back Guarantee".

Why hasn't that come into play ?

[stevieb]

Re: Small dispute over web domain charges, but wrong name?

Now, after saying all that, i see that the beginner package you took has a "60-Day Money Back Guarantee".

Why hasn't that come into play ?

because it states on the ordering process, as its a 'December offer' the 60-day Money Back Guarantee does not apply to this offer.

They acknowledged cancellation within the specified time period <-- end of -->
no payment is outstanding.

Argue the point, you have proof they received and acknowledged cancellation within the time period.
Therefore there is no bill outstanding.