Contract law advice please

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Jeff

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Any lawyers here?

If a company enters into a contract to provide a service, advertises that there will be "no fees" once you've made the initial payment, and then without warning they introduce a fee, is it legal?



The company is 123-reg. I have some domain names registered with them that I want to transfer to another company. At the time I registered them, 123-reg advertised that transfers had no fee. At the time I renewed, they advertised that transfers had no fee. As recently as March this year, they were advertising that transfers had no fee.

In April this year, they started charging £12 per domain. There was no warning about this, they didn't tell anyone they'd done it. You only find out about it if you go into your account and request a transfer, and see there's a fee where there didn't used to be one.


So I've only just found out about it.

I complained to them about it, suggesting that it was a breach of the terms and conditions to do this to existing customers.


This was their response: "It is the position of 123-Reg that this change has been made within the confines of the law" and " Furthermore, by logging into your account, you accept these terms. As a result, I must enforce the charge."

How the **** can they say you agree to the terms when you log in to the account? Am I supposed to read through thousands of words of legalese every time I want to log in?
How can they advertise no fees, then start charging fees without offering people the chance to terminate the contract instead?


£12 might not sound like much to be concerned about, but I have around 40 domains with them, so that's nearly £500. There are ways around this that would cost a lot less, but would involve a lot of work, so I want to know if I can threaten them with the law before I decide what to do next.
 
My brother is a contract lawyer, but he works for an American firm and specialises in transfers and acquisitions, mostly involving Russian/former Soviet state based rich muthas buying companies, so I doubt he'd be much use.

HTH.
 
I would have thought any change in ts and cs would need to be informed to you in writing (or text).

I would therefore doubt this is 'at least' ethical. I would doubt they have broken the law although a contract is only considered as legal if it has:

Offer
Consideration

And

Acceptance.

Acceptance is I think important in this case if you haven't accepted a change.
 
Have you still got access to the original T&Cs? Do they contain a term such as this one?

"abc reserves the right to change these terms without warning. Please check these terms regularly. Continued use of the abc.co.uk website constitutes your implied agreement to changes to these terms."


They might well do and if they do, in my opinion they have got you by the short and curlies. You might however want to consider claiming that it is an unfair condition.
 
Last edited:
Have you still got access to the original T&Cs? Do they contain a term such as this one?

"abc reserves the right to change these terms without warning. Please check these terms regularly. Continued use of the abc.co.uk website constitutes your implied agreement to changes to these terms."


They might well do and if they do, in my opinion they have got you by the short and curlies. You might however want to consider claiming that it is an unfair condition.
As Boc say, the Unfair Contract Terms Act 1977 would be a starting point to throw at them, it is often used in conjunction with other consumer regulations & laws.
 
Name and shame on social media - start kicking up a fuss publically and it soon won't be in their interest to treat you (regardless of what any law says) so unfairly.
 
a contract is only considered as legal if it has:

Offer
Consideration

And

Acceptance.

Acceptance is I think important in this case if you haven't accepted a change.
Close CF, but no Mars bar. The offer was made by them that there would be no fee to transfer, Jeff considered their offer and then accepted their offer based on those terms. The new terms that they've introduced have not been considered by Jeff as he hasn't been given the opportunity. They're after jumping straight to acceptance by way of providing Jeff with the ability to login to his account, which is just taking the piss.
They're breaking one of the basic tenets of contract law, as I'm sure PPF's brother will confirm, if he hasn't been kidnapped by a 6' tall & wide mobster from the Caucasus
 
I told them I would move all my domains away from them, and I would invoice them for the fees I had to pay, plus the cost of my time (not insignificant), then I would pursue it via the small claims court.

They have now changed their mind and decided not to charge me.

I wonder how many people in the same position have just paid it and allowed themselves to be ripped off.
 
I told them I would move all my domains away from them, and I would invoice them for the fees I had to pay, plus the cost of my time (not insignificant), then I would pursue it via the small claims court.

They have now changed their mind and decided not to charge me.

I wonder how many people in the same position have just paid it and allowed themselves to be ripped off.
:038:
 
I told them I would move all my domains away from them, and I would invoice them for the fees I had to pay, plus the cost of my time (not insignificant), then I would pursue it via the small claims court.

They have now changed their mind and decided not to charge me.

I wonder how many people in the same position have just paid it and allowed themselves to be ripped off.

Good work.

It's the same with all of these companies though - they're mostly chancers preying on the weak and ill-informed. Private parking companies are the best example.
 
I told them I would move all my domains away from them, and I would invoice them for the fees I had to pay, plus the cost of my time (not insignificant), then I would pursue it via the small claims court.

They have now changed their mind and decided not to charge me.

I wonder how many people in the same position have just paid it and allowed themselves to be ripped off.
Lovely stuff :038:
 
Close CF, but no Mars bar. The offer was made by them that there would be no fee to transfer, Jeff considered their offer and then accepted their offer based on those terms. The new terms that they've introduced have not been considered by Jeff as he hasn't been given the opportunity. They're after jumping straight to acceptance by way of providing Jeff with the ability to login to his account, which is just taking the piss.
They're breaking one of the basic tenets of contract law, as I'm sure PPF's brother will confirm, if he hasn't been kidnapped by a 6' tall & wide mobster from the Caucasus

You put it much better than me Macky.
 
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