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Standard User oscarthecat
(newbie) Wed 23-Oct-13 21:35:17
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Sky bill botching has cost me £100


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I have been having some issues with Sky. I cancelled my home phone and broadband service as of the 8th August and the last direct debit payment was taken then. I was notified that the account was closed and no more payments would be taken.

However I noticed a few days ago that Sky took a direct debit payment of £24.50 for the service incorrectly on the 9th September. The Sky service was for a student flat I rented last year and payments were taken from a joint Santander bank account with the other flatmate. This bank account was left dormant with £0 in it as of the 8th August as the last payments for all services has been taken.

As a result of Sky incorrectly taking my money the account went overdrawn which incurred a £25 unpaid item fee and £100 in unauthorised overdraft charges (£5 a day over 20 days - I didn't realise the account was overdrawn as I assumed all was well with it as all the final payments had been taken, only found out when I went into the branch to shut the account).

After an hour on the phone Sky have refunded me the incorrectly taken £24.50 and admitted their complete error in taking the money. However they have refused to pay the overdraft charges back.

Sky have passed me from pillar to post, sending emails to them and speaking to clueless customer service agents who have called be at ridiculous hours and I am not sure what to do now.

The latest is I obtained an email address of Beth Conway, a manager and was told to email the details... she never replied. I called again this evening and the person on the phone didn't know what I was talking about
Standard User RobertoS
(sensei) Wed 23-Oct-13 21:45:33
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Re: Sky bill botching has cost me £100


[re: oscarthecat] [link to this post]
 
I suggest you find a Citizens Advice Bureau smile. They are best qualified to advise on this sort of thing.

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Standard User XRaySpeX
(eat-sleep-adslguide) Wed 23-Oct-13 22:56:39
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Re: Sky bill botching has cost me £100


[re: oscarthecat] [link to this post]
 
In reply to a post by oscarthecat:
Sky have refunded me the incorrectly taken £24.50 and admitted their complete error in taking the money.
How have they refunded it? If by reversing the DD and/or paying it straight to your bank account, than the bank may realise, maybe with a little prompting, that the overdraft charges were not warranted.

Otherwise, write them a letter claiming back your overdraft charges as a direct consequence of their error and negligence. Say you will take further legal proceedings without any further notification from you if you do not receive settlement within 15 days, say.

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Standard User johnjburness
(eat-sleep-adslguide) Thu 24-Oct-13 12:42:49
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Re: Sky bill botching has cost me £100


[re: oscarthecat] [link to this post]
 
As well as the other repliers have suggested, I would also suggest that you contact the Bank under the Direct Debit Guarantee.

Obviously, SKY have refunded the basic money, but it was still a failure of the Direct Debit!

Regards,
John
Standard User greenglide
(experienced) Thu 24-Oct-13 14:21:50
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Re: Sky bill botching has cost me £100


[re: oscarthecat] [link to this post]
 
So next time will you delete the direct debit from your account so that the supplier cannot raise an extra charge?

You need to talk to the bank. They should have been the ones to drive the refund and would refund the penalty charge (possibly recovering it from SKY).

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Standard User XRaySpeX
(eat-sleep-adslguide) Thu 24-Oct-13 14:27:42
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Re: Sky bill botching has cost me £100


[re: greenglide] [link to this post]
 
In reply to a post by greenglide:
So next time will you delete the direct debit from your account so that the supplier cannot raise an extra charge?
And leave the way open to debt collectors if you are liable for the extra charge and the supplier can't DD it? Also miss out on any refunds due?

No, that's not the way to handle it. Better to rely on the DD Guarantee immediately the unwarranted charge appears.

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Standard User David_W
(fountain of knowledge) Thu 24-Oct-13 15:56:01
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Re: Sky bill botching has cost me £100


[re: XRaySpeX] [link to this post]
 
In reply to a post by XRaySpeX:
In reply to a post by greenglide:
So next time will you delete the direct debit from your account so that the supplier cannot raise an extra charge?
And leave the way open to debt collectors if you are liable for the extra charge and the supplier can't DD it? Also miss out on any refunds due?

No, that's not the way to handle it. Better to rely on the DD Guarantee immediately the unwarranted charge appears.
Once any final payment has been taken (or final refund made), you're free to cancel the Direct Debit - but I wouldn't do so too hastily. As XRaySpeX rightly says, cancelling a Direct Debit too quickly risks making the situation much more difficult to resolve.


Arguably the original poster took the wrong approach to resolving this. The best option would have been to activate the Direct Debit Guarantee via the bank, pointing out at the same time that the various charges only arose because of the mistaken direct debit. The bank may well have cancelled those charges at the same time as they paid back the mistaken debit.

It's still worth the original poster taking this up with their bank, in my opinion. With the amount having been credited back in full, that corroborates the story that the initial charge was mistaken, so the bank may well be persuaded to cancel the charges as an act of goodwill. That would be easier than pursuing Sky for the charges, especially as the original poster's right to a refund from Sky might be difficult to exercise (it's part of the damages owed for Sky's breach of contract in the mistaken debit - they've paid back the actual loss they caused, but not the consequential losses which are clearly not too remote from the actual loss they caused).

Standard User johnjburness
(eat-sleep-adslguide) Thu 24-Oct-13 17:20:32
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Re: Sky bill botching has cost me £100


[re: David_W] [link to this post]
 
In reply to a post by David_W:
It's still worth the original poster taking this up with their bank, in my opinion. With the amount having been credited back in full, that corroborates the story that the initial charge was mistaken, so the bank may well be persuaded to cancel the charges as an act of goodwill.

In my opinion it is essential that he takes it up with the Bank! Until he does the Bank only knows that an overdraft occurred and, as a totally separate transaction, an amount has been credited to the account!

Until the OP contacts them, the Bank has no way of knowing that the Credit was to correct the wrongly taken Direct Debit!

Regards,
John
Standard User JohnR
(eat-sleep-adslguide) Thu 24-Oct-13 19:15:33
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Re: Sky bill botching has cost me £100


[re: oscarthecat] [link to this post]
 
In reply to a post by oscarthecat:
However I noticed a few days ago that Sky took a direct debit payment of £24.50 for the service incorrectly on the 9th September. The Sky service was for a student flat I rented last year and payments were taken from a joint Santander bank account with the other flatmate. This bank account was left dormant with £0 in it as of the 8th August as the last payments for all services has been taken.

As a result of Sky incorrectly taking my money the account went overdrawn which incurred a £25 unpaid item fee and £100 in unauthorised overdraft charges (£5 a day over 20 days - I didn't realise the account was overdrawn as I assumed all was well with it as all the final payments had been taken, only found out when I went into the branch to shut the account).


Phone bank. Ask to speak to the department that deals with DD's. NOT the front line call center.
Mention PSD 2009 (payment services directive) and unrecognised debits.
As this falls under this.
So Santander have to put the account back in the position it was before the transaction took place.

That includes removing ALL charges.

TBH. You would have a good case for a complaint. As if you mentioned this was a unauthorised transaction in the branch. They should have sorted it there and then by passing you to the banking team.

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Standard User RobertoS
(sensei) Thu 24-Oct-13 23:57:41
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Re: Sky bill botching has cost me £100


[re: JohnR] [link to this post]
 
Whilst I agree with nearly all of your post, just a minor point that there is nothing to indicate to the bank that the transaction was unauthorised, other than a probable (unrecorded) verbal exchange when the OP discovered the overdraft. As far as the employee he spoke would know at the time, the OP was confused and no refund would be made by Sky.

My broadband basic info/help site - www.robertos.me.uk | Domains,website and mail hosting - Tsohost.
Connection - Plusnet UnLim Fibre (FTTC). Sync ~ 55.8/14.5Mbps @ 600m. - BQM

"Where talent is a dwarf, self-esteem is a giant." - Jean-Antoine Petit-Senn.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Allergy information: This post was manufactured in an environment where nuts are present. It may include traces of understatement, litotes and humour.
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