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Welcome to c/theNetherlands! For sharing anything related to the Netherlands: news, sports, humour, culture and questions.

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Can a company ignore my cancellation email? (lemmy.ml)

submitted 1 month ago* (last edited 1 month ago) by vas@lemmy.ml to c/thenetherlands@feddit.nl

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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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[–] Ftumch@lemmy.today 0 points 1 month ago (1 children)

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.

[–] vas@lemmy.ml 0 points 1 month ago (1 children)

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.

[–] Ftumch@lemmy.today 0 points 1 month ago

Glad it worked out!