Do TomTom not understand the English word "cancel"

nashmills · Regular Visitor Joined: Nov 10, 2006 Posts: 131

I asked them to cancel my Live Services subscription on 23rd April.

The following day I received this from them:

"The subscription will terminate with a 30 day notice period. The notice period will start from the next payment date.
At the end of this notice period, a final payment is made signifying the end of the subscription.
After the final payment, you will still be able to use the Live Services on your TomTom for another month."

On 28th April I received this from them "Your Live services has been cancelled.

Your subscription will now expire on the 2009-06-06"

They took a payment from my CC on 6th May.

I foolishly assumed that would be the last one but today (6th June) they "successfully" took another payment.

Does anyone know the Dutch word for "cancel"? Evil or Very Mad

MrT · Posted: Sat Jun 06, 2009 7:31 am Post subject:

Read the T&Cs, it can take up to three months to cancel. The other thing to watch out for is that they may tremintate your access to the service before the end date shown on the device. They cancelled mine two weeks before the end date when they could no longer take payments from an expired credit card. I have now bought again on pre-pay, its cheaper and they cannot debit any more than I have agreed to.
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Andy_P · Posted: Sat Jun 06, 2009 2:08 pm Post subject:

You could be excused for thinking that's rather shady practice.....
ONE extra payment after cancelling - OK, but TWO?

G1LIW · Posted: Sat Jun 06, 2009 3:57 pm Post subject:

Personally, I've be calling in the Police at that point. s1 Theft Act comes immediately to mind.
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nickperry · Posted: Tue Jun 16, 2009 2:12 am Post subject:

I have this matter outstanding with Hackney Trading Standards office - it is, I contend, at best, misrepresentation as none of this is mentioned at point of sale: "you can cancel at any time".

The final payment is not even in the T&Cs. I've said I regard these as "unfair terms", but TomTom's legal department seem to think they're OK and won't budge.

I'm not normally this argumentative, but it begs serious questions about how long a one year subscription (which is what I was cancelling to change to) really is! And with dubious interpretations of the LMG being thrwn back at me I decided to ask TS to look in to it!

We'll see if it gets anywhere.

Darren · Posted: Tue Jun 16, 2009 7:53 am Post subject:

Keep us posted as I'd have to agree that the terms are at best very misleading.
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matthewj · Frequent Visitor Joined: Apr 03, 2006 Posts: 751

MrT · Posted: Tue Jun 16, 2009 11:01 am Post subject:

I think the SMS message relates to the original service expiring. After I took out the one year I got an SMS saying it was going to expire and two days later one saying it had. These were around the time the original pay monthly would have expired. Nothing since and it is still working.

I am not going to get worked up and spend hours trying to get back the two weeks I lost on the pay monthly.
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Drivelux

matthewj · Frequent Visitor Joined: Apr 03, 2006 Posts: 751

This was another message. The TT still shows the original two messages, and then I got this other one. Given you are a little behind me, I'd expect yours in the next week. Confused

falkirk81 · Posted: Thu Jun 18, 2009 10:18 pm Post subject:

Saw this on the main page for Tomtom USA advertising the LIVE services out there :-

Save time and money
GO LIVE devices come with 3 months of access to TomTom LIVE Services. After your trial LIVE Services require a $9.95 monthly subscription that you can cancel at any time, giving 30-days of notice.

Link is here. You might need to select USA as country in top right!
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nickperry · Posted: Fri Jun 19, 2009 12:00 am Post subject:

It says (almost) the same thing all over the UK site:

http://www.tomtom.com/services/service.php?id=14&tab=48

MrT · Posted: Fri Jun 19, 2009 8:32 am Post subject:

The FAQ also says:

"When your introductory subscription expires, you can start a new subscription yourself via TomTom HOME. It costs just £9.95 per month"

£9.95 per month, is a price rise on the way?
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Drivelux

MrT · Posted: Fri Jun 19, 2009 8:44 am Post subject:

7) Subscriptions

a) Subscriptions will be entered into for an indefinite period of time, unless TomTom and you have agreed on a fixed period of time.

b) If your Subscription is for an indefinite period of time, either you or TomTom may terminate your Subscription by taking a notice period into account of 30 days (your notice to be sent: by e-mail via http://www.tomtom.com/support). This notice period starts on the first collection date after receipt of your notice of termination by TomTom. If your Subscription is for a fixed period of time, it will automatically end upon expiration of such period of time.

c) TomTom reserves the right to change the prices for or the terms and conditions applicable to your Subscription, subject to giving you reasonable prior notice thereof (either via email, the TomTom website or otherwise). If such change will result in higher prices or otherwise works towards your disadvantage (but not in case the higher prices result from higher government levies or taxes), you may terminate your Subscription prior to and against the date such change comes into effect by sending an e-mail via http://www.tomtom.com/support.

d) TomTom may terminate your Subscription or a separate service within bundled Services by providing at least 30 days prior notice if TomTom decides to discontinue offering such Subscription or such separate service respectively.

e) TomTom may terminate or restrict your Subscription with immediate effect without notice of default being required if (i) you fail to comply with any material term of these Terms and Conditions which shall be understood to include clauses 6 and 9, (ii) collection through the Payment Service for Subscriptions should fail after a second attempt, or (iii) the use of the Service is in breach of TomTom’s Fair Use Policy.

f) Upon termination of your Subscription, your License as detailed in clause 6 will terminate simultaneously.

So if you don't pay they can cancel immediately and the notice period starts on the date of the next collection.
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Drivelux

nickperry · Posted: Fri Jun 19, 2009 10:28 am Post subject:

Can't remember what the payment options - I think they were only credit/debit card. In which case, short of cancelling the card there is no way of stopping payment. I've already rescinded my "continuous authority" in my email exchange, but that does't prevent them taking the payment.

nickperry · Posted: Fri Jun 19, 2009 7:32 pm Post subject:

My complaint has just been sent by local Trading Standards to the Office of Fair Trading for their view. "Which?" have also been giving me some advice and have noted the policy for future reports.

In talking to Trading Standards and a Consumer lawyer today, it's clear the legal system is not built for these tiny matters. I could spend £35 and a couple of hours taking the case to the small claims court, but if the judge thinks it affects many people - as unfair terms presumably would - (s)he may refer it to a higher court. I would have to either fight the case in the higher court or withdraw and be liable for TomTom's legal fees to date.

Both suggested an English equivalent of a class action might be the only way forward, but life is way too short for that to be practical!

It irks me that big companies win the multiple battles over small amounts because they know noone can really fight it. I have to hope that the OFT do at least take a view on it, as that may be influential enough to stop this sharp practice.

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