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Fergless
Premium
join:2008-04-19
Toronto, ON
kudos:1
reply to delacrouz

Re: URGENT : Acanac auto-renewal : how to get my money back?

Hi
All accounts auto renew on their anniversary date. If you don't inform Acanac before hand they will bill you automatically. It's in the user agreement you acknowledged when you signed up.

Your account was due on 2012-08-19 and billed on 2012-08-19

I notified the Billing Manager about it again.

Tks

carcajou

join:2012-10-16
Riviere-Beaudette, QC

1 edit
Hi Fergless

It s illegal in Quebec to auto-renew for a full year.

214.3. Any stipulation under which a contract whose term exceeds 60 days is renewed upon its expiry is prohibited, unless the renewal is for an indeterminate term ( Consumers Protection Act )

You were allowed to auto-renew on a month-by-month basis

Also, you were supposed to send a notice no less than 60 days in advance.

BTW I now have some reasons to believe your company does not respect fully the ontarian Law. Maybe more on that later.

despe666

join:2009-06-20
Montreal, QC
They'll tell you that you are not in a contract for a year, you are only prepaying that year. You can cancel at anytime. They will refund you (eventually) the difference between the full rate and the promo rate for the time you did use the service (plus the retention stalling I mentionned earlier)

carcajou

join:2012-10-16
Riviere-Beaudette, QC

1 edit
Hi Despee

( text deleted because of double posting and I dont know how to completely remove a post )

carcajou

join:2012-10-16
Riviere-Beaudette, QC

1 edit
reply to despe666
Hi Despee

I dont really care what they say. I simply know what is written on the contract and it says it is renewed for another year at term. The clause is illegal in Quebec.

What the Law says is that it can be renewed only for " undeterminate " term. If the term is " undeterminate ", the merchant can only charge you on a monthly basis. Charging you for a year is charging you for a year...and THAT is not " undeterminate "..it is A YEAR.

And...just out of curiosity...if you think it s ok to make you " prepay for a year " when the contract is for an " undeterminate period " why not make you prepay for 10 years ? or 99 years ?

But I sure appreciate your post if that is the actual excuse they use. "It s not a fixed-term contract, but we bill you 1 year in advance"

Hmmm very interesting. How sleazy...I m speechless. I really need to speak to someone at the Office de Protection du Consommateur


Fergless
Premium
join:2008-04-19
Toronto, ON
kudos:1

carcajou's Refund.

Hi carcajou

I was in touch with Paul and a Full Refund will be issued to you.
I sent you a PM about it on the Acanac Forum.

Tks

carcajou

join:2012-10-16
Riviere-Beaudette, QC

1 edit
Fergless

Thank you very much but, at this point, I do not need your assistance at all regarding my personal case. That matter is with my credit card issuer anyway. I will ignore emails from billing for 3 weeks ( like you do with mines ) so I can pretend my case is not settled when I file with the Office de Protection du Consommateur.

What I am now asking from Acanac is a modification of ALL contracts of Quebec clients with the clause for cancellation written to reflect the Quebec Law.

I also demand that Acanac starts billing clients from the date of INSTALLATION and not the date of invoice and that is for all of Canada.

I demand that Acanac CLEARLY define the signification of the words " date of activation " on their website with regards of their 30-days money back guarantee.

I Demand that all auto-renewals should take place on the anniversary of the date of installation.

And, if you happen to talk to Paul, grab his elbow and whisper in his ear " possible class action proceeding for all Acanac clients past or present ". You may also add " More distinct society bullcrap " if you want

Thank you

PS: You re not supposed to address " billing issues " in a public forum, so what are you doing here ? Oh, it s only valid for the " Acanac Community forum " ?

despe666

join:2009-06-20
Montreal, QC
reply to carcajou

Re: URGENT : Acanac auto-renewal : how to get my money back?

said by carcajou:

But I sure appreciate your post if that is the actual excuse they use. "It s not a fixed-term contract, but we bill you 1 year in advance"

I have no idea if they would actually say that. They need to justify it somehow and it seemed like one logical possibility. But I am right about the retention stalling, it happened to me.

carcajou

join:2012-10-16
Riviere-Beaudette, QC
Hi

They can make you wait, but they will gain nothing. Your cancellation takes effect on the day you send notice or on the date you specified in the notice. They will simply lose money by giving you free service after that date.

214.6. Le consommateur peut, à tout moment et à sa discrétion, résilier le contrat en transmettant un avis au commerçant. Cette résiliation de plein droit prend effet à compter de la transmission de cet avis ou à la date indiquée à cet avis par le consommateur ( Loi de Protection du Consommateur )

See ? If they make you wait, they still need to refund you using YOUR date of cancellation.

BTW: I waited only 20 minutes to reach someone at the Office de Protection du Consommateur. Make a complaint and join the party !

despe666

join:2009-06-20
Montreal, QC
It happened a few years ago, before bill 60. Besides I don't have the paper trail anymore. I gave up and wrote off the 50$, which is exactly what they hoped I would do.

carcajou

join:2012-10-16
Riviere-Beaudette, QC
Despe

Well, if one day there is a class action proceeding, you might have the surprise of finding a check in your mailbox. It would be like Christmas


HowAboutThat

@videotron.ca
reply to Fergless
said by Fergless:

Hi
All accounts auto renew on their anniversary date. If you don't inform Acanac before hand they will bill you automatically. It's in the user agreement you acknowledged when you signed up.

That is illegal, and has been illegal in Quebec for some time now.

Also, this discussion has come up before. Acanac is very well aware this is illegal.

In addition to this, A company can not make up a user agreement which in turn tries to take legal rights away from a Quebec user. This is also illegal, and Paul knows this very well since this was also discussed openly and previously on these forums.

delacrouz, I would take everything they said here (especially the part where they state you lose your legal and consumer rights in their user agreement) and fax it all off to your credit card company.

Also, I would contact the Quebec Consumers Union about this, and what was stated above about your rights being of no value to Acanac.

This is where I would start.

Acanac knows all this very well and are playing dumb with you to rip you off. I hope you take action *now* and not wait for more stupid responses from them.

carcajou

join:2012-10-16
Riviere-Beaudette, QC

What Paul really needs is to see his company the topic of a widely viewed television program in Quebec like " La Facture ".

I d sure like to see him answering the journalist about his terms of Service and how to reconcile his business practices with the Quebec Consumers Protection Act.
Expand your moderator at work

delacrouz

join:2012-08-23

1 edit
reply to carcajou

Re: URGENT : Acanac auto-renewal : how to get my money back?

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carcajou

join:2012-10-16
Riviere-Beaudette, QC
Antoine

Je t expliquerai comment faire ta plainte à l Office de Protection du Consommateur si on se croise ici.