Match.com Complaint

[Mad]

I signed up for a free three day trial with match.com late one night in response to a notification stating I had an email - I was a free member. I didn't really want to sign up I was just curious and wasn't really paying attention to what I was doing, I had had a few drinks too Anyway, I read the email and I cancelled the service immediately.

However, a few days later, after the three day trial was over, I logged in again and discovered that the service was still active, so I cancelled it again! I then noticed that my bank account had been debited for £77 and I was signed up for six months.

I know a bit about consumer rights so I wrote to them within the normal seven day cooling off period to say I wanted to cancel and wanted my money back. They said that as I had started using the service I couldn't cancel. This is what their policy states:

Article 3. Your right to cancel under the Distance Selling Regulations
This section applies to you only if you are a "consumer" as defined in the Consumer Protection (Distance Selling) Regulations 2000 and resident within the EU. You may cancel your order for the Services by giving us written notice within seven working days of placing your order. Within 30 days of your notice we will provide a refund. However, this right of cancellation does not apply once you have started to use the relevant Services.

Is Match.com being fair? They say because I read an email after the trial period had ended that I was not entitled to a refund.

 

[Tony]

Welcome to the forum Mad. I assume you are 'Mad' with Match.com!

Unfortunately, if you started using the services then the cooling off period ends. However, that assumes that you were properly notified of this.

The fact that you had a few drinks would not help either as it would be very difficult to prove that you were intoxicated to such an extent that you could not conclude the contract.

Apologies, this is probably not what you want to hear.

Tony

 

[Mad]

Thanks Tony for getting back to me so quickly. I was just reading this your article on online dating scammers.

It's so true these sites are full of scammers, especially the free ones. At least Match.com requiring fees keeps them away mostly. Anyway, my online dating days are over for a while.

Anyway, I only became aware of the cancellation policy when researching my rights. I wasn't emailed this. I wasn't even emailed by them to tell me that my free trial had ended and they had taken £77 from my account.

The cancellation process is really cumbersome too. You click to cancel then you have to go through several other screens before they actually cancel the service. It's the usual 'why are you leaving us' questions. I bet they know exactly how many people fail to complete this and get caught out like me.... : (

This all leaves a rather bitter taste and I'm not happy with Match.com. Yes I am Mad mad mad with them...

 

[Tony]

Interesting.... I need to research this but I think you may have a good case here.

This the is article mad was talking about - Online Dating Scams | Consumer Information

 

[Tony]

Yes, have a look at this. It all depends whether the information has been provided to you or not.

Information the trader must give you in writing

When you place an order in a distance sale, you should get certain written information. This should tell you about your cancellation rights, the trader's postal address and information about any after-sales service.

If you ask for the service to start straight away or within the next seven days, the written information should also include the fact that you will lose your right to cancel once the service has begun. If there is a delay in you getting this information, you may still get a certain amount of time to cancel.

If you get written information about losing your right to cancel before the service has started, you will only be able to cancel the service before it has begun. Once the service has begun, you won't be able to cancel it.

From - Citizens Advice - Services bought by distance sale - if you want the service to start straight away

 

[Tony]

Good news Mad, you cooling off period has not begun yet as you have not been properly informed by Match.com of your cancellation terms in writing:

Something else worth mentioning is that the supplier must have sent you written confirmation of your order no later than the time of delivery of the product or performance of the service. If they did not, then your 7 day cooling off period will not begin until they do, and may be extended by a further 3 months.

If you have commissioned a service under a distance selling contract and the work begins before the end of the 7 days cancellation period, then you must give up your right to cancel, but this must be clearly communicated and with your express agreement.

http://whatconsumer.co.uk/cooling-off-and-cancellations/

In writing means 'durable medium' and a link to a website is not acceptable:

European Court rules that a link to a website to inform consumers of their rights is not a "durable medium" as required for distance selling.

The European Court of Justice (ECJ) ruled last week that online businesses cannot comply with the requirement under the Distance Selling Directive to inform consumers of their rights (including cooling off rights) by linking to a website. Failure or delay in giving this information can mean that the consumer has 3 months and 7 days after receiving the goods to cancel their order.

Cooling off rights - News - Morrisons Solicitors

I'd get back to Match.... and let us know how you get on. Good luck.

 

[Mad]

Thanks I'll see what my friends at Match.com say to all that.and will let you know when I hear back.

 

[Mad]

Well they say they are not prepared to make an exception and will not give a refund as I read an email from another match member after the free trial had finished so my cancellation period stopped.

 

[Tony]

Oh dear, two choices really. Firstly, you can try the Consumer Direct number at the top of the page which is now operated by the Citizen's Advice Bureau. Alternatively, you could go down the small claim court route.

 

[Mad]

Well I went down the Small Claims court route. They had 14 days to respond but there was nothing so I asked for a judgement just yesterday, but today I received a cheque from match.com for the full amount, the £25 small claim court fee and interest! It was all so easy : ) Thank you everybody for your help.

 

[Tony]

Well I went down the Small Claims court route. They had 14 days to respond but there was nothing so I asked for a judgement just yesterday, but today I received a cheque from match.com for the full amount, the £25 small claim court fee and interest! It was all so easy : ) Thank you everybody for your help.

That's fantastic news. Well done and thanks for letting us know. It is always great to hear what happens

 

[Tom1234]

Hi Mad,

could you let know which address you used for match.com on the small courts claim form? The form somehow does not accept the address they have in their T&Cs because it is apparently not a valid post code in England and Wales.

 

[Mad]

Hi Mad,

could you let know which address you used for match.com on the small courts claim form? The form somehow does not accept the address they have in their T&Cs because it is apparently not a valid post code in England and Wales.

Hi Tom,

I had exactly the same problem. I used their registered office - 6th Floor,55 The Strand, London WC2N 5LR

It did eventually accept it can't remember what I did though. Is there an option not to check the address.

Good luck would love to know how you get on

 

[Twisha]

I joined Match.com for 3 months. It was not particularly satisfactory in terms of getting responses to my emails but I had 2 dates and there are some "real" people on there. However I decided not to renew and proactively went into the account a couple of weeks before payment was due and elected not to renew. About a week prior to renewal I was signing in and had a window offering me Boost and Connect by email for Free etc. - the other features thy charge as extras - I would get these free as a "gesture of loyalty". I checked the box to accept. It is hard to recall but apparently the layout (according to customer service) had another check box that I needed to click on if I no longer wanted to renew. The subscription did not end, I discovered another £60 had been taken from my credit card without any consultation and therefore overriding the instruction I had previously made to cancel. The customer service people respond with the same phrasing about how I didn't check the box and have so far refused to refund my money or send me a screen grab of the offending box so I can at least see what I did wrong.

I'm encouraged by the posting here of success via the small claims court and thinking of doing this.

All advice appreciated if anyone else has managed to get a refund under these circumstances! Thank you.

 

[Jacobson]

Hey guys. Throw away your jokes, because if you can't get to know someone, then it's best to immediately look and check out this benaughty reviews. Only there you will really appreciate all the advantages of this site, since all your friends will envy your happiness. I am sure that on this site you will find your true love, and at first sight. If you say that this is bad, then I don't even know what to tell you about other dating sites.