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Hi,
I was with BE unlimited broadband for over a year, and decided to change to O2 which was cheaper also I thought was another company but found out later both owned by O2, I accepted all the online contracts as normal and have a email saying they will bill me at a certain date, and at a certain rate, since then I've had NO emails, letters, informing me of ANYTHING !!
Also the D/D which was set up for O2 is still active but they have taken NOTHING, this is over 3 years now 
So a few questions :-
1:- Even thou they have'nt told me of ANY price increase can they force it on me, at any point and back date it ?
2:- I feel as thou if I have a problem, should I keep quiet and have no internet, or should I contact BE or O2 and ask them to fix it,,,, remembering Im not gettting billed for ANY UNLIMITED internet, and I mean NO slow down, i.e 10Mbps download at ANYTIME also I've download over 300gb per month for over 10 months and no slow down,,, NOTHING !!!!
(Just to let you know I'm with BE when I check my ISP, but I'm not Im with O2) email to confirm all
I cant moan but scared !!!
Please give me your advise !
Thanks
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You can't have you cake and eat it!
You must admit that as you've been receiving the service you ordered, you should pay for it.
You yourself let it slide for 3 years w/out querying it.
3 years is not sufficient for the debt to become statute-barred (Limitations Act 1980); they can chase you for up to 6 years.
1999: Freeserve 48K Dial-Up => 2005: Wanadoo 1 Meg BB => 2007: Orange 2 Meg BB => 2008: Orange 8 Meg LLU => 2010: Orange 16 Meg LLU => 2011: Orange 19 Meg WBC
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So what your saying is for ever year what passes AFTER 6 years they cant get that money back.
Also I now know I signed up for £10.00 monthly now the min. is £15.00 can they back date charges or is this a fault on there behalf, and have to give a a set time to accept or decline the increase ? and if they haven't informed me does that me I get away with it ?
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Register (or login) on our website and you will not see this ad.
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If you haven't been notified of any increase, then there is no increase.
1999: Freeserve 48K Dial-Up => 2005: Wanadoo 1 Meg BB => 2007: Orange 2 Meg BB => 2008: Orange 8 Meg LLU => 2010: Orange 16 Meg LLU => 2011: Orange 19 Meg WBC
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since then I've had NO emails, letters, informing me of ANYTHING !! Have you looked in all your email a/c's, particularly the O2 mailbox you got when you applied?
1999: Freeserve 48K Dial-Up => 2005: Wanadoo 1 Meg BB => 2007: Orange 2 Meg BB => 2008: Orange 8 Meg LLU => 2010: Orange 16 Meg LLU => 2011: Orange 19 Meg WBC
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So what your saying is, if after for example after 10 years the price is £25.00 they can, IF or WHEN they find out can ONLY charge me contract price of £10 for the past x years, as they havent emailed or mailed me ?
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Yes and nothing !! I DONT have a O2 account, that's what it's saying !
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you probably do, when i went with o2 they set one up as part of the order
A little side note there are BE (and prob O2) rep's active on these forums so chances are this will now be being looked into
---------------------------
I live for the one, I die for the one.
Yep i really am THAT thick!
Smallworld Cable ..... 5Meg then upped to 20Meg
O2 ADSL2+ .... 13.6Meg (ish)
Sky ADSL2+ .... 3.5Meg
Sky FTTC .... Should be getting the full 40/10 to start, upgrading to pro if i need it (EST speeds 72.1/20)
Edited by omnius (Tue 25-Sep-12 21:08:50)
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I've checked every email I sent and recieved from my order and have them in a folder which includes payments d/d dates, swap over dates, but since then NO email's regarding another account or ANYTHING else
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It is down to negotiation, legally I believe they can ask for the back amounts, but there are rules about being able to spread it out. Negotiation can reduce this particularly if you can show you have attempted to pay the bill and they have made no effort.
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The author of the above post is a thinkbroadband staff member. It may not constitute an official statement on behalf of thinkbroadband.
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If you hear five loud knocks on the door then you'll know it's me.
Regan ..... "hey you, shut it" 
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Every O2 BB user is given an O2 mailbox if they didn't have one before they joined. Even non-O2 users, such as myself, can have an O2 mailbox as long as they register any mobile.
You sure you haven't forgotten your login credentials?
You sure you actually migrated from BE to O2?
What router were you given? Or did O2 not send you a router and you are using BE's?
EDIT: You sure BE is not still billing you by DD?
1999: Freeserve 48K Dial-Up => 2005: Wanadoo 1 Meg BB => 2007: Orange 2 Meg BB => 2008: Orange 8 Meg LLU => 2010: Orange 16 Meg LLU => 2011: Orange 19 Meg WBC
Edited by XRaySpeX (Tue 25-Sep-12 22:10:37)
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I've checked every email I sent and received from my order In what email a/c did you receive them?
1999: Freeserve 48K Dial-Up => 2005: Wanadoo 1 Meg BB => 2007: Orange 2 Meg BB => 2008: Orange 8 Meg LLU => 2010: Orange 16 Meg LLU => 2011: Orange 19 Meg WBC
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All the confirmation emails have been sent to my main email account with BT, and nothing states I have anohter email account, also I have tried to log on to O2 using all the normal email rest password rest, and nohting is live with them.
I also have switched from my BE router to the O2 when I got it 3 years ago, and all is perfect.
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I've checked everywhere and it says Im with BE.
Im using the O2 router I got 3 years ago,
and NO d/d is set up with BE as I cancelled it 2 months after swapping over to O2 just incase of a slight delay in transactions.
The O2 d/d is open and nothing ever has been taken.
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Sounds good to me
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Negotiation can reduce this particularly if you can show you have attempted to pay the bill Ignoring uncollected due payments for 3 years does not count as "attempted" in my books, even if other side mistakenly failed to collect them.
1999: Freeserve 48K Dial-Up => 2005: Wanadoo 1 Meg BB => 2007: Orange 2 Meg BB => 2008: Orange 8 Meg LLU => 2010: Orange 16 Meg LLU => 2011: Orange 19 Meg WBC
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You are still with BE!
There have been reports here of O2 rejecting BE's MACs because they are the same network and their system can't cope and the migration cancelled.
You did use a BE MAC and provide it to O2 online when you signed with O2? Did you do this when you 1st applied or subsequently?
I suspect that O2 started the migration (writing to you, setting up DD, sending router) but when you provided the MAC it rejected it and ceased the migration. They probably sent the refusal to your O2 mailbox (of which you were unaware) or you did not notice an onscreen rejection when you had entered MAC.
NO d/d is set up with BE as I cancelled it 2 months after swapping over to O2 That's why you are paying nothing. O2 cancelled and so have nothing to collect; BE are unable to collect as you cancelled DD.
Expect a debt collection from BE sometime 
1999: Freeserve 48K Dial-Up => 2005: Wanadoo 1 Meg BB => 2007: Orange 2 Meg BB => 2008: Orange 8 Meg LLU => 2010: Orange 16 Meg LLU => 2011: Orange 19 Meg WBC
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I have tried to log on to O2 using all the normal email rest password rest, and nothing is live with them. Try (your favourite name/screen ID)@O2.co.uk, your favourite password.
1999: Freeserve 48K Dial-Up => 2005: Wanadoo 1 Meg BB => 2007: Orange 2 Meg BB => 2008: Orange 8 Meg LLU => 2010: Orange 16 Meg LLU => 2011: Orange 19 Meg WBC
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That does not make much difference you are using the service and are aware you should be paying.Legal the onus is on you to pay the debt. If it come to a court case the fact that the company had failed to write to you or attempt to colect the due amount could be mitigating circumstances but would ne relief you of having pay the oustanding amount
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If you did not specifically decline the increase then you will in law by now have been deemed to accept it by your continuing to use the service. If you had stopped using the service you would have grounds to claim you had declined the offer
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The OP did not have any notification of any increases so he can't accept or decline them.
Your preceding post to me should be addressed to OP, but anyway just paraphrases what I already said.
1999: Freeserve 48K Dial-Up => 2005: Wanadoo 1 Meg BB => 2007: Orange 2 Meg BB => 2008: Orange 8 Meg LLU => 2010: Orange 16 Meg LLU => 2011: Orange 19 Meg WBC
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You are still with BE! Just a point there. O2 users often have Be IP addresses. I think all of mine were when I was with them.
My broadband basic info/help site - www.robertos.me.uk
Domains,website and mail hosting - Tsohost. Connection - Plusnet Extra Fibre (FTTC). Sync ~ 56.0/13.9Mbps @ 600m.
"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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I know! I'd already discounted the speedtesters' identification of his ISP. I'm going by other clues 
1999: Freeserve 48K Dial-Up => 2005: Wanadoo 1 Meg BB => 2007: Orange 2 Meg BB => 2008: Orange 8 Meg LLU => 2010: Orange 16 Meg LLU => 2011: Orange 19 Meg WBC
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As stated before any company that has either not billed you or has incorrectly billed you has six years to rectify that mistake.
BT mis billed 0845 number for over 18 months and they took back all the money owed when the realised the mistake.
I would say get down to Citizens advice to find out where you stand legally and take all emails etc with you.
BUT I would say that whoever hasn't billed you is at fault, especially when when something has gone wrong, which it really sounds like it has they really should have written to you saying so.
You just can't rely on using emails, especialy when they may be ISP issued any have never been looked at.
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Have you checked your bank statement? It could be under a different name that is still taking monthly payment off you.
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In reply to a post by Anonymous:
BT mis billed 0845 number for over 18 months and they took back all the money owed when the realised the mistake.
I would say get down to Citizens advice to find out where you stand legally and take all emails etc with you.
BUT I would say that whoever hasn't billed you is at fault, especially when when something has gone wrong, which it really sounds like it has they really should have written to you saying so.
You just can't rely on using emails, especialy when they may be ISP issued any have never been looked at.
It's definitely the fault of the company for failing to bill their customer, 99.9% sure it will be a result of a system error, BE havent even chased you for £35.95 or whatever it is for failing to return there modem(bebox) they usually never let that charge go where it applies , But be warned just as the system has failed to generate bills ,it could suddenly start to , but although they are at fault , you have been using the service that you have been receiving so from a legal point of view are liable to pay the outstanding amount ,
Now what that actual amount ends up being after a bit of negotiation , between yourself and ISP or via C.A.B , although they would be within their rights to expect payment in full chances are that they will be prepared to waive some of the debt , and accept the remainder in installments each month as well as your normal monthly subs , as for the price, this would be the same price per month it was at the time you signed up , they cannot charge you a higher current price ,
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I've never had any email, or letter to let me know they might be or has been a increase.
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Def. check all incomings & outgoings in detail on a weekly basis.
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Sounds reassuring that they cant increase my price and back date it
I dont mind paying if they find out, but wondering due to a previous comment, if after 7 years they find out, does that mean I only pay for the last 6 years due to the law on claiming back money over 6 years.
And if that is the case
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If it was 6 years to the day that u had your BB and was not charged then you could get away without paying one payment. It was a monthly charge not pay 6 years worth upfront charge.
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Sounds reassuring that they cant increase my price and back date it
I dont mind paying if they find out, but wondering due to a previous comment, if after 7 years they find out, does that mean I only pay for the last 6 years due to the law on claiming back money over 6 years.
And if that is the case I'm too sure on how long a company have to invoice you, Apart from it being in a timely manner, as for once an invoice has been generated but remains unpaid, they can try and collect the outstanding balance (debt) for up to 6 yrs or ccj you at any point during the 6 yr period
Best solution would be to write a formal letter to them addressed to who ever is in charge explaining the problem, and see what they say from there, better than trying to explain to some of their support staff, And you just may get a better deal than you would if you do nothing and sometime in the future they discover how much you owe them
As for the price being the same as it was at the time you signed up, it should be in the t &c's (not the latest version) but the version that you should of got with the e-mail /welcome pack will make reference to price changes that would adversely affect you financially , they have to give notice before they increase the price ,usually 30 days prior, and if you were to be within the min term period of a contract and wanted to leave you could without penalty
and if you do nothing then they assume that you except the changes , But as you have never received such notice then i would be surprised if it went to court that a judge would rule in the company , so 6 years @ the same rate , they may wipe their face of some of that period, possibly will get a better deal if you could stump up say 3 yrs worth, they may bite your hand off, or may want more, a bit of haggling is in order no harm in trying to see how generous they will or won't be ,
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If it was 6 years to the day that u had your BB and was not charged then you could get away without paying one payment. You wish!
It won't work like that. It's a rolling debt, monthly fees; so it's a rolling time limit before it gets statute-barred.
1999: Freeserve 48K Dial-Up => 2005: Wanadoo 1 Meg BB => 2007: Orange 2 Meg BB => 2008: Orange 8 Meg LLU => 2010: Orange 16 Meg LLU => 2011: Orange 19 Meg WBC
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Best solution would be to write a formal letter to them To whom? OP still needs to work out who he owes money to.
1999: Freeserve 48K Dial-Up => 2005: Wanadoo 1 Meg BB => 2007: Orange 2 Meg BB => 2008: Orange 8 Meg LLU => 2010: Orange 16 Meg LLU => 2011: Orange 19 Meg WBC
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Def. check all incomings & outgoings in detail on a weekly basis.
You may not do quite so well in a court as might be expected.
You state that you check your bank statement every week in detail. If that is the case then why has it taken 3 years to think about informing O2 that you haven't been charged? Surely, after the first month or 2 you would have contacted them? A judge may well take the view that you were taking the service and knew you weren't paying and therefore you are liable for all charges.
As far as increases go it doesn't seem to state in O2 Ts&Cs how they need to inform you. It may well be that they consider a notice on the website to be sufficient for informing customers and might have a requriement for people to periodically check the website (I don't know that this is the case but it is possible).
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With a D D it is the responsibility of Payer to inform Payee of any uncollected payment.
As stated previously, it is a rolling debt and continues 6 years after last payment due.
There must be a reason for bringing this to light on public forum for all and sundry to see. Maybe you have problem with connection.
You cancelled BE DD after 2 months, thus must have known new DD not active.
If ISP took your payments after cancelling, there would be hell to pay. Conversely you are taking service for no cost and should pay. if court case in future, who knows. May be a discount if you contact now.
However, appears you are going to continue with the unpaid service.
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His only mitigation is they appear to have made no attempt to collect it but the legal onus is on himto pay it so the supplier can also claimitigation
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Just try and think of these next questions as thou BE and O2 aren't owned by the same company, what would your answer be?
1: - I wonder If I'm taking BE's broadband service as they haven't disconnected me for some reason, does that mean they cant bill be as I'm no longer a customer of BE as the contract has ended ?
2: - Also on the other hand if I'm with O2 and they haven't provided me with a broadband connection, surely they can't bill me for something they haven't and not providing ? wouldn't that be a failure on there part of the contract ?
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And yet you didn't think to raise this before with them?
I assume that you have sensible accrued what you must have know that you owed in an account somwhere so you will be able to pay the bill in full once it is presented.
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1: - I wonder If I'm taking BE's broadband service as they haven't disconnected me for some reason, does that mean they cant bill be as I'm no longer a customer of BE as the contract has ended? On this scenario, which I believe to be the case, why do you think the contract has ended?
Did you explicitly cancel it or did you assume the (attempted) migration would do so?
All BB contacts are ongoing even after the Min. Period has expired, until they are specifically cancelled.
EDIT: Have you tried to login to your "old" BE online account? I expect that you will find there dozens of demands for payment and notices of price rises .
I must warn you that you do not have to say anything in this forum. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence. 
1999: Freeserve 48K Dial-Up => 2005: Wanadoo 1 Meg BB => 2007: Orange 2 Meg BB => 2008: Orange 8 Meg LLU => 2010: Orange 16 Meg LLU => 2011: Orange 19 Meg WBC
Edited by XRaySpeX (Thu 27-Sep-12 14:31:33)
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Sorry but I haven't fully understood the complexities of you case but is it also possible that the relevant ISP has been paid for the broadband service due to an error with the DD payments by your bank.
Certainly I know people who been incorrectly credited and debited monies from their accounts due to banking errors - perhaps another party are actually paying for your BB service and are unaware of it. If it is a banking error then you may not be liable for the outstanding balance.
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Does that mitigate him for doing nowt about it for 3 years?
1999: Freeserve 48K Dial-Up => 2005: Wanadoo 1 Meg BB => 2007: Orange 2 Meg BB => 2008: Orange 8 Meg LLU => 2010: Orange 16 Meg LLU => 2011: Orange 19 Meg WBC
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Yup
cause be/o2 is still getting their money.
Sky Unlimited
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Still got internet with no bill ??
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In reply to a post by Anonymous:
do you realise this thread is 18 months old?
you will probably not get an answer :/
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I've only just noticed the typo in the subject.
My broadband basic info/help site - www.robertos.me.uk | Domains,site and mail hosting - Tsohost.
Connection - Plusnet UnLim Fibre (FTTC). Sync ~ 59.4/14.4Mbps @ 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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