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Misled by FindMyPast
I had an email this morning from the Helpdesk at Find My Past regarding my query about the 1911 Census and their Explorer subscription.
Dear Ian
Thank you for your email.
The 1911 census will be coming to findmypast.com under subscription later in the year.
We have at no point claimed that the 1911 census will be available under the Explorer subscription.
Further details entailing what subscription this will be available under will be communicated once these have been determined.
Regards
So while, I agree, they did not specifically state that the 1911 Census would be available under the Explorer subscription, their email offering discounted subscriptions implied it.
Their email advertising the discounted subscriptions contained:
Why join now? 2009 is going to be a big year!
2009 will see us finish our new versions of the last two England & Wales censuses (1851, 1901), add images to the 1881 census, and most importantly, will see us add the brand-new 1911 census later in the year.
We will be the only website to include the 1911 census next year, meaning findmypast.com will be the only place to find the complete censuses 1841-1911.
This implies that a reason to join them will be to get access to the 1911 Census. As it will be available on a separate subscription, this is not a reason to take out a discounted subscription, therefore this is, in my opinion, confirmed false advertising.
Their (newly revised) subscription usage terms still state that “The Explorer subscription entitles you to unlimited access to all records on the findmypast.com website, excluding Living Relatives.”
I have now contacted Consumer Direct with the details and will await their response.
Tags:1911 census,brightsolid,Consumer Direct,FindMyPast,genealogy subscriptions
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April 3rd, 2009 at 8:15 pm
I have had problems with findmypast also.
WHY is on line search dominated by big companys out to grab money now.
Few years ago,there was a lot of “free” info,to show you got right person…not any more.
April 3rd, 2009 at 9:48 pm
Thanks for your visit John,
Ah, but now it’s big business. Family Tree research is the thing to do and so you can make good money out of information.
Ancestry.co.uk are good if not cheap. Their search engine is really good and the records are clear.
The majority of the large databases are made available due to the investment of the big companies, so I have to give them credit for improving the information available online.
I must admit, I can’t think of any resources that I have used for free in the past years, that aren’t available now. Maybe I’ve missed an opportunity.
Regards,
Ian
April 28th, 2009 at 2:25 pm
Sorry – put this on wrong part of your site.
Hello Ian
I gave them three months before asking last week when the 1911 Census was going to come through the Find my Past Explorer sub. as promised.
I have had exactly the same responses as you. I am glad you have the wording of the original offer because I could not find the pertinent e-mail in my saved files.
I am thinking about approaching my local Trading Standards Office and/or “Which”.
Have you taken this any further.
Ros Batchelor
April 28th, 2009 at 5:02 pm
Hi Ros,
Thanks for visiting and commenting.
The same day I posted this, I received an email from a manager at Find My Past Ltd, who told me that he would take it up my issues regarding the 1911 Census personally with brightsolid management. Despite emailing him twice for an update, I haven’t had any further communication.
I did contact Consumer Direct, who gave the following advice:
“In the first instance, it would be a good idea to check any terms and conditions that the trader has in place. By going ahead with the service, you would legally be regarded as having read and agreed to abide by the terms and conditions. As such, you should check these to find out what obligations you and the trader have in this contract. These terms should clarify exactly what will be included in the subscription; if the 1911 Census requires an additional payment for existing subscribers then by going ahead you may be regarded as having agreed to this.
However, terms and conditions should be presented in clear, intelligible language; if you feel that this is not the case you may be able to argue that you have gone ahead with the subscription on the basis of the information given in the email. In civil law, if there is a dispute regarding the understanding of information stated in the terms and conditions then it is generally regarded that interpretation most favourable to the consumer should apply. In this case, it may be possible for you to argue that the trader is in breach of contract as you have agreed to the service on the basis unclear or misleading pre-contractual information. In the event of a breach of contract, a consumer would be entitled to pursue a suitable remedy; in this situation one suitable remedy may be that you are offered the 1911 Census when it becomes available. Alternately, it may be possible to seek a partial refund as an appropriate discount to account for the fact that you are not receiving the full service that you thought had been agreed.
When you have a complaint for an issue of this nature you should ultimately put your grievance in writing to the trader and follow their complaints procedure. When sending a complaint letter to a trader it is advisable to send the letter recorded delivery giving a full outline of the events to date and the remedy you are seeking. You should state that you are making ‘time of the essence’ and give the trader a time limit within which you expect the matter to be resolved, such as fourteen working days. It is also advisable to obtain proof of postage for any letter you send and retain copies for your records.”
To be honest, I haven’t taken this any further. I was busy trying to resolve another internet order issue at the time and couldn’t face getting sucked into another. They got my money this time, but they’ll never get my business again.
I hope this helps you if you try to pursue it.
Regards,
Ian
July 22nd, 2009 at 9:05 pm
A web-site that promises UK coverage, but does not deliver that, unfortunately cannot be trusted with promises of the 1911 Census.
When they first got up and running, I got sucked in for Welsh searches, not realising that they only have a few English counties. Looking again this evening, that still seems to be the case.
As you say, these companies are just after your money without delivering the goods.
Good Luck!
July 22nd, 2009 at 9:18 pm
Hi Joyce,
Sorry you too got sucked in by their offer. I am very disappointed by their attitude, but at least I can vote with my feet; they won’t get a renewal or future business.
Regards,
Ian
September 15th, 2009 at 10:33 am
I also got conned by FindMyPast. I only took out the explorer subscription because I thought that it included access to the 1911 census.