Starmessage.co.uk

[Jacqueline]

A young lad that I know has contacted me for help and I don't know what to say to him.

 

Last week he had no credit on his phone and he looked on the web for free message service. He thought he found one and signed up. He sent 4 SMS messages and received a bill for £94.

 

He's out of work, has no money and, every day that goes by that he does not pay for it, another (unspecified as yet) amount is being added to the general total.

 

I've looked at the site and it looks as though his goose is cooked as there is, at the bottom, the one off fee of £94 to set up the account. So i'm guessing there is little he can do. He's written to them but they say he must pay.

 

Apart from the fact that it seems to be a bit (a lot?) of a rip-off - does anyone have any experience of such a thing happening and is there any advice I can give him?

 

(apart from reading ALL the small print before you click the yes button)

 

Thanks guys.

[Jacqueline]

Forgot to add the link...

 

http://www.starmsg.com/uk/index.cgi?action...armsg_unbekannt

[ans]

Site doesn't appear to work. You have the T&C in your browser cache?

 

Edit: F5 before replying.

[ans]

How old is he?

 

§ 1.4 If the client is not yet 18 years old, he must present written permission from a responsible adult when he registers and for every further payment. The client must give his correct date of birth when he registers

 

I've seen legal precedant for contracts being torn up when the minimum age isn't met. Basically they dont have a leg to stand on and they know it, but they try to bluff you otherwise.

[ans]

And really. I know it's not the right way to do things, but if I was him I'd say 'Ok, go ahead and sue me. I aint got a bean'. They're not going to pursue a penniless kid and get him into a German courtroom over 94 quid. Scare tactics.

 

Also, get him to inform them that the security on the account has been compromised. That means they're instantly have to suspend it and at least he'll stop incurring these daily charges you mention.

[John Wright]

Write to them and say

 

1, (if he is under 18) I am under age and this is not a contract for necessities. It is unenforceable.

 

 

2, I live in the IOM. It is not part of the EU. The provisions of the Brussels regulation on jurisdiction and the Lugano Convention do not apply to the Isle of Man. Any proceedings you issue will be ignored by me. Any judgemenyt you obtain will be unenforceable agianst me

 

3, (if true) I am a student, I have no funds of my own in any event

 

 

Two can play tough lawyer speak. The above is correct and will stop thyem in their tracks

[Jacqueline]

Thanks guys. Sadly (for him) he is just 19 so he can't play the age card.

 

Lots of good advice there that I will pass on. Any other comments would be appreciated.

 

 

Thank you.

[mikeldn]

Has he signed up in the last 14 days because during this time he has the right to cancel?

 

Please see attachment.

[ans]

Has he signed up in the last 14 days because during this time he has the right to cancel?

 

Yes but he's actually used the service. That specifically states his right to cancel terminates.

 

Which I think contravenes the distance selling regulations personally but I'd need someone who knows more to confirm that.

[manxman8180]

I saw the 14 day canx clause as well. It does say, however;

 

'This right of termination of contract ends prematurely if the client uses one of the services.'

 

And he has sent messages already.

 

I would stick basically to what ans and thieawin have already said, which is essentially to tell them to shove it up their arse and come get your money if you think it's worth it.

[manxman8180]

.....must.......type........faster......

[BigDave]

I've never seen a service that has a high value set up fee and online sign-up without instant clear payment required up front. The set up charge seems to be completely ott. Maybe that's the point, to get people to sign up without reading the terms and conditions and price list, although you do have to tick to say you understand them first.

[Slim]

Exactly, they didn't take a payment up front, so they're scammers. Tell them, in writing, that you no longer require the service. If you dont pay, you'll never hear from em again.

[Ean]

http://forums.moneysavingexpert.com/showthread.html?t=264434

 

It seems to have been a problem across Europe. There's a french website about it but it doesn't have much content.

 

Most of the suggestions seem to be to ignore it.

[BigDave]

I've spoken to someone who has some legal knowledge (a bit better than man-down-pub legal) and he says he thinks that a simple web form with no kind of up front payment probably does not constitute a legal contract, after all, anyone could sign up with anyone's details. For a definitive answer and peace of mind ring the office of fair trading in the UK and ask advice, then lodge a formal complaint.

 

The UK address on the web site is a mail forwarding/business centre service. For reference the real UK company details are:

Name & Registered Office:

STARMSG LTD.

483 GREEN LANES

LONDON

N13 4BS

Company No. 05811351

 

Status: Active

Date of Incorporation: 09/05/2006

 

Country of Origin: United Kingdom

 

EDIT: And the above address looks like a generic registered office service as well.