Am I entitled to reclaim a direct debit payment due to default?


Questioner

In November 20, I registered online via my company (I am self-employed) for 12 online lessons (once a month). The registration form also contained a line: Your subscription will be tacitly renewed without cancellation, this also appeared to be in the general terms and conditions, which were mentioned in the same line. I received lessons from November to March, so 5 in total. After March it stopped. I did not complain at the time, I was too busy and I did not like it optimally. I took my loss and forgot about the service. Last November 21, however, the annual amount of 147 euros was debited from my account for the coming year. I sent an email about this on 15/12 and said that I had not had any more lessons, cancelled the subscription retroactively and whether he wanted to refund the money. This was not responded to. My question is: am I within my rights to undo the direct debit and have the money refunded?

Lawyer

If an agreement is not fulfilled, you can often terminate it if the other party has been put in default and still does not comply with the agreement. You indicate that you have not been receiving lessons for a number of months, but that the contract has now been extended. You have already contacted the provider. Depending on what is stated in your previous email, this could already be a notice of default. For the past months, it could be questionable whether you should not have reported earlier. The provider might still have sent lessons. You can try to ask for compensation for those months based on a portion of the total price. As long as the agreement has not been terminated, it is not wise to reverse the amount. An agreement can be terminated quickly if the conditions are met. Please feel free to contact me if you have any questions or require legal assistance.

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