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Standard User RobertoS
(elder) Fri 22-May-15 14:52:50
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Someone who billed Sky, and won!


[link to this post]
 
Pestered by debt collectors and credit rating damaged.

Link.

In the Daily Record report, (which is an interesting read), it includes:- "He also began to fail credit checks and feared his rating had been damaged".

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Standard User Chrysalis
(legend) Sat 23-May-15 17:03:21
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Re: Someone who billed Sky, and won!


[re: RobertoS] [link to this post]
 
and here

the effort they go into to stop people leaving is unreal.

http://www.telegraph.co.uk/finance/personalfinance/h...

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Standard User helpoort
(member) Sat 23-May-15 17:20:09
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Re: Someone who billed Sky, and won!


[re: Chrysalis] [link to this post]
 
Similar thing happened to me some time ago.
Went in for a special 12 months offer. paid everything by direct debit.
GAVE THEM THREE MONTHS NOTICE, THAT I WAS NOT CARRYING ON, AFTER THE 12 month MONTH PERIOD.
Registered letter sent.
After FINAL payment was TAKEN by direct debit, I cancelled my direct debit at the bank.
Then the nonsense started, if I remember correctly it was not satisfactory to give THREE
MONTHS NOTICE, all sorts of threats were made.
Including, saying this may affect my credit rating.
Ignored their threats. But could imagine the threats upsetting to some people.
Very unpleasant people to deal with.


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Standard User Chrysalis
(legend) Sun 31-May-15 11:30:24
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Re: Someone who billed Sky, and won!


[re: helpoort] [link to this post]
 
the moment it goes to credit rating damage is the moment you can claim damages on top of any refunds.

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Standard User mlmclaren
(experienced) Sun 31-May-15 12:28:41
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Re: Someone who billed Sky, and won!


[re: RobertoS] [link to this post]
 
I went through this just the other day cancelling new Sky line...

Started online chat.. went through all the account verification rubbish on there, then asked why I was leaving... then asked to give a description of an issue I had with bad customer service during which the rep closed the chat session....

Started another chat session then after making very clear I wasn't interested in staying was told I need to call anyway.... so yes an hour+ of my day wasted there...

Called Sky, on hold for 4 mins to start then just as the agent starting trying to keep me from leaving I stopped him and mentioned that I wasn't interested in any such deals... nor interested in staying with Sky and also that I already had broadband with alternative provider too.....

Was put on hold a few times so another 10 mins wasted.. but finally the guy saw sense and understood that I had already been messed with enough buy chat and execs department...

So supposed to be going off on the 10th.

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Standard User martinsq
(member) Sun 31-May-15 22:12:43
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Re: Someone who billed Sky, and won!


[re: mlmclaren] [link to this post]
 
I have the some problem with Orange !
I had MobBB contract for two years, but then it stopped working at my house, it would connect, but imediately stall, nothing comming either way. Orange claimed that all 3 masts (about half mile each, but none in line of sight), worked fine.
After more then month of struggle I refused to pay the bill cancelled the DD, and they disabled my SIM.
I sent them cheque for the last 'working' month, stating that it is the full and final payment on the account, which should have been the end of story...,
but the continued to bill me for another 18 months !
Even though I made complaint to EE, they gave it to debt collectors, who seem to come to my house just before 5a.m. (not quite sure, I of course do not open the door...).
Now I get letters from 3 different debt agencies, just keep sending further complaint emails to EE and copying the agencies, but still no action from EE / Orange.
Good knows what it does to my credit rating, but I am not bothered, my credit cards are working and I don't need to borrow money...!
My next email to EE will include link to the above article... !
Regards,
Martin
Standard User mlmclaren
(experienced) Mon 01-Jun-15 09:05:30
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Re: Someone who billed Sky, and won!


[re: martinsq] [link to this post]
 
From what you have said there, you where either still in contract and ended the your direct debit before agreement between you and Orange was confirmed allowing you too or you where out of contract but didn't follow the correct procedure to cancel the connection.

I'm assuming you was in contract as charging you for 18 months seems unlikely as normally an account with no payment options and in arrears would be closed and an invoice for early cancellation fee's (if required) would be generated for the customer.

So unless you can confirm you didn't have outstanding term to serve on a contract with Orange and that you followed the correct procedure for cancellation and had cancellation request confirmed then I don't think this is relevant to yourself.

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Standard User martinsq
(member) Tue 02-Jun-15 22:28:04
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Re: Someone who billed Sky, and won!


[re: mlmclaren] [link to this post]
 
In reply to a post by mlmclaren:
From what you have said there, you where either still in contract and ended the your direct debit before agreement between you and Orange was confirmed allowing you too or you where out of contract but didn't follow the correct procedure to cancel the connection.

I'm assuming you was in contract as charging you for 18 months seems unlikely as normally an account with no payment options and in arrears would be closed and an invoice for early cancellation fee's (if required) would be generated for the customer.

So unless you can confirm you didn't have outstanding term to serve on a contract with Orange and that you followed the correct procedure for cancellation and had cancellation request confirmed then I don't think this is relevant to yourself.


Nope,
sending a cheque and stating that it is the full and final payment on the account,
is a LEGAL offer to cease the contract,. By accepting the payment, they have agreed to my offer / terms.
That is very usefull way of doing so, the people processing the payment pay no attention and probably have no idea what it means !
Regards,
Martin
Standard User mlmclaren
(experienced) Tue 02-Jun-15 23:10:48
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Re: Someone who billed Sky, and won!


[re: martinsq] [link to this post]
 
In reply to a post by martinsq:
sending a cheque and stating that it is the full and final payment on the account,
is a LEGAL offer to cease the contract,. By accepting the payment, they have agreed to my offer / terms.
That is very usefull way of doing so, the people processing the payment pay no attention and probably have no idea what it means !


So as I mentioned above, this method even though it should of been accepted was probably not the correct way to cease the service with Orange and has ended up with the account defaulting...

However I'm still struggling to see why they charged you for a further 18 months of service when as previously mentioned they rarely continue an account past 3 months in the case of failed payments... (from experience of my own and others in the past)

So again I must ask was you part way through a 24 month agreement?

In this case I can see that Orange where in the wrong to accept the cheque if it was "clearly noted" that upon cashing they accepted your terms, but then IF you was still held under the terms of agreement then you would have to of proved Orange where failing to hold there side of the agreement and also make sure permission was given to cease the account and waiver all early termination charges.

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Standard User David_W
(fountain of knowledge) Wed 03-Jun-15 00:06:12
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Re: Someone who billed Sky, and won!


[re: martinsq] [link to this post]
 
In reply to a post by martinsq:
sending a cheque and stating that it is the full and final payment on the account,
is a LEGAL offer to cease the contract,. By accepting the payment, they have agreed to my offer / terms.
That's a nice thought - but is legally incorrect.

It is open to a creditor to reject an offer which, if accepted, would form a new contract varying the terms of the previous contract. Following rejection, your offer is a nullity, as rejection destroys an offer and renders it incapable of acceptance.

However, if the creditor banks the cheque as partial payment for the sum outstanding but does not give you timely notification that they have rejected your offer, the creditor creates a risk that a court would find that banking the cheque amounted to acceptance of your offer of settlement.

I haven't checked the authorities mentioned myself, but there is some discussion of the relevant case law (at least as it stood in 2012) on the web site of Irwin Mitchell, a leading firm of solicitors.


There is also the issue that payments processing staff might not have their employer's authority to enter into contracts on behalf of their employer, in which case the purported contract to vary might be a nullity (as in this 2014 High Court case).

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