sky told me wrong DD amount and now im being charged

[lauraM1]

recently had bad experience with sky and im so frustrated !!

 

i basically added on the sky sports package and whilst on the phone, verified with them how much would come out in my feb payment.

i was told that nothing would change in amount until march payment date. so i put in my normal amount in to the bank for my direct debit.

On the due date, they tried to take out a different amount (the amount with the sky sports package), so i have now been charged £30 from my bank AND also the discrepancy amount is left unpaid so will be getting cut off too until i can pay it. I cant just hand it over as this month is a tight month anyway and i havent bugetted for the extra £25 that they have tried to take.

i have complained - heard nothing back. i had to go through customer relations, so emailed them and pasted a copy of my online bank account showing that the debit failed.

I know they can take up to 14days to reply but i thought maybe id get a bulk standard email saying that they have received it at least. so annoyed that il have to suffer no tv when its not even my fault.

laura

[MrShed]

What was the reason for the differing monthly payments? How much are we talking for each payment?

 

Ultimately, the DD guarantee will apply here.

[MrShed]

Sorry - just read your post again, I understand why the difference in cost now!

 

Ultimately, the DD guarantee states that should the amount differ without notice in advance in writing, then you are entitled to a full and immediate refund of the DD. Most banks in my experience extend this to the charges they levy for failed DD also. Have you rang the bank, explained the situation, and asked for a refund of this charge?

[lauraM1]

Sorry - just read your post again, I understand why the difference in cost now!

 

Ultimately, the DD guarantee states that should the amount differ without notice in advance in writing, then you are entitled to a full and immediate refund of the DD. Most banks in my experience extend this to the charges they levy for failed DD also. Have you rang the bank, explained the situation, and asked for a refund of this charge?

 

ive not received anything in writing to confirm the new DD amount, but then saying that they stopped my statments months ago, even though i have always told them that i wanted paper statements, they just keep telling me its all done online and i can check everything on there.

 

i have spoken to the bank in question, Nationwide, and they have told me theres nothing they can do that i now have to deal with Sky about it. They kept telling me that i have already had two charges refunded last year, this is true and they were both my fault, but this one genuinely isnt and that should be proven once Sky listen to the recorded call that clearly states i was told nothing would change in payment amount until March payment.

Sky have said theres nothing they can do until customer relations have dealt with the complaint, so basically they are going to cut my sky off anytime now until either i pay up or customer relations deal with it.

 

May i also add, that if that happens i cannot watch any tv in the front room, as the outside areial is broken and doesnt pick up anything, and i shouldnt have to go out and buy a booster one for something thats not my fault.

 

just not sure what to do, is there a letter that i can send to Nationwide, maybe that would help better?

[MrShed]

I would write to Sky, explaining that they are in breach of contract, as agreed via the telephone with them. You require a full transcript of the telephone conversation outlining this binding legal contract. As they are in breach of contract, you are entitled to your actual financial loss due to the breach, which is the charge incurred with Nationwide plus the difference in the two debits.

 

In addition, I would state to Sky that as they are in breach of contract, and as such as the amount owed is in dispute, it is vexatious of them to continue to pursue collection of the "alleged" debt, and to pursue collection methods such as threatened disconnection.

 

State that as agreed over the telephone, you require an immediate refund of the difference in monthly charges, plus the cost incurred by your bank, accompanied by a full cease of any attempts at enforced collection due to their error.

[lauraM1]

ok so would it be advisable to wait for the customer relations to get back to me first or send that letter to sky anyway?

 

i sent the email to them about a week ago

 

laura

[MrShed]

I think that a weeks wait is more than fair. Send the letter now.

[buzby]

I'm afraid there is no safety net of you having to have anything 'in writing' from Sky to advise you of the payments that are due. All that is required under the scheme is that the customer 'is informed' and this can be verbal. You can believe Sky will state you were told the charges for the service, and this is ALWAYS billed as a split month, to bring it into line with your billing dates.

 

This means that if you ask them to provide additional services and it's just 14 days to your normal billing date, you will be billed for the new service for the first 14 days, THEN for the next full month - as all charges are billed and paid in advance.

 

If your finances are close to the wire, then DD is NOT for you and you should pay by other means. As the bank has already waived the fees on a number of occasions, this is the time to get out the loop and use the ol' cheque book.

 

Your DD agreement with Sky is for 'unspecified amounts on unspecified dates', effectively complete access to your account to do with as they please. I'd change your payment method, or go to Freeview instead.

[lauraM1]

so what about the fact that i was told over the phone that nothing would change this change? surely i have grounds for the refund based on that?

 

just it sounds from what you are saying that they are completely within their rights, is that correct?

[MrShed]

Buzby, that is wrong and against the DD guarantee, which EXPLICITLY states that you will be informed when your DD changes in advance.

 

In any event, Sky entered into a verbal contract with the OP regarding the timing of the increase of the DD payment, and then broke this agreement.

[lauraM1]

ok well i have done the letter for them ,will print off in the morning and post to them.

need to get this sorted asap as ive done nothing wrong and was simply following the advice which they gave me

[buzby]

Wrong? Have you actually READ a DD guarantee...?

 

For a start - are you aware that there are different versions of it, from different firms, and that what YOU agree to is what the firm says its guarantee will be? Agreed, there are common elements but in the important aspects of how and when they have to tell you of amendments - can change. See the examples I give later.

 

As for you somehow being told in advance of changes 'in writing' - I haven't found this anywhere. I think you'll find this was all swept away when there was no need for anyone to actually sign a Direct Debit form or even have their signature verified by their bank that they actually authorised it in the first place - so please, stop making things up and misleading CAG members.

 

As to your last paragraph - strong words from someone who wasn't even a witness to the conversation! Who are you to state that a verbal contract existed? Sky could provide screen notes or even a recording stating that the costs were explained to the OP. Unless there is evidence to support an alternative view, the OP is stuffed.

 

So let's have some facts - as your post was kinda short on them;

 

I cannot provide Sky's version of a DD Guarantee - as I can't find one online anywhere. Here's one from Barnados - note the notice period on changes

 

https://www.barnardos.org.uk/directdebit-terms.html

 

and one from Bizenergy, again note the period on changes

 

Direct Debit Guarantee | BizzEnergy

 

However, let's get closest to the 'source' - the British Bankers Association;

 

BBA – British Bankers' Association - Direct Debit Guarantee

 

I would suggest complaining that the DD guarantee could somehow be useful in the current situation is slim to non-existant. If you can provide a link to Sky's guarantee stating that chages will be in writing, I'll stand amazed...

 

but there's no danger of that, is there?

[MrShed]

Interesting how you ignored the second part of my post, and the most relevant part buzby!

[buzby]

so what about the fact that i was told over the phone that nothing would change this change?

 

You misunderstood? Look at it rationally. You call up Sky and ask for some additional services. Those services will be activated whilst you are online and - as you pay for services in advance, you know that your next bill will be bigger.

 

If they promised you a free period of viewing, then there may be a case - but how you could expect to have your next bill the same, whilst having additional services added kinda defies logic.

 

To prevent further debits taking place, I would urge you to cancel the DD and cut your losses now, as once they have your money they're not going to give it back!

[buzby]

Interesting how you ignored the second part of my post, and the most relevant part buzby!

 

I think you need glasses. (Fourth paragraph).

[MrShed]

You misunderstood? Look at it rationally. You call up Sky and ask for some additional services. Those services will be activated whilst you are online and - as you pay for services in advance, you know that your next bill will be bigger.

 

If they promised you a free period of viewing, then there may be a case - but how you could expect to have your next bill the same, whilst having additional services added kinda defies logic.

 

To prevent further debits taking place, I would urge you to cancel the DD and cut your losses now, as once they have your money they're not going to give it back!

 

Come on, dont start to assume you know the conversation better than the OP buzby. With the best will in the world, she can only go on what she was told by Sky!

[MrShed]

And with regards to being party on the conversation, what a ridiculous statement. By that nature, we cannot advise on ANYTHING on these forums, as we were not there. We have to give advise BASED UPON WHAT WE ARE TOLD. The OP has told me that was the conversation, so we have to base our advice upon that.

[buzby]

Come on, dont start to assume you know the conversation better than the OP buzby. With the best will in the world, she can only go on what she was told by Sky!

 

And don't assume a Sky operator is talking nonsense or making a false promise... I joined Sky in 1991, and suffered them for 12 years. I also took them to court, but I can assure you faced with misunderstanding advice, or getting incorrect information on charging, the former is the more likely.

[buzby]

And with regards to being party on the conversation, what a ridiculous statement. By that nature, we cannot advise on ANYTHING on these forums, as we were not there. We have to give advise BASED UPON WHAT WE ARE TOLD. The OP has told me that was the conversation, so we have to base our advice upon that.

 

Answered already. But as a case in point despite answering your two points in my response, you said I had ignored it (when I hadn't) as you clearly saw. It was a slip of the eye, nothing more. The same holds true with a 'slip of the ear' callers only remember the parts of the call that interested them - I find myself in this situation too, so the secret is to give the benefit of the doubt and stand back a little. Complaining that this or that wasn't discussed, when it very well may have been should not be ignored.

 

I cannot believe that by adding a service to a Sky package meant there would not be any additional charge. It just defies logic.

[MrShed]

It wasnt that there was no additional charge.

 

Look, at the end of the day, we can only go on what the OP has stated. IF SHE WAS TOLD that the increased charge would kick in on x date, THEN Sky are in breach of contract. I fail to see why we should automatically assume that the OP was "confused".

[lauraM1]

i do understand what you are saying, but why should they get away with saying that nothing would change until march and let me pay for their mistake? i did not know about paying for anything in advance thb, as ive never taken out their added subscriptions and have had the same package for ages.

in answer to asking if i mis understood, no i didnt. I was clearly told that my feb billing amount would stay the same, the extra amount would come into place in march.

and about the logical that if its activated whilst on the phone then id start paying asap (something along them lines was said, thats not word for word), i just thought that it was maybe because already gone into feb and thats why feb paying amount would remain the same. whatever my reasons for believing them, surely the bottom line is that i was told something on the phone and they did something completly different and i am now paying £45 in total for the mistake?

[MrShed]

Exactly. Ultimately Buzby, you can make no judgement on whether the OP was confused or mistaken, only the OP knows how unequivocal the conversation went.

[lauraM1]

so what exactly are we all agreeing on then?

it seems that im being advised that its my mistake as i should have known id have to pay this month, even though i was 100% told in plain english that charges wouldnt alter this month.

as for the reasoning why i didnt think id have to pay in feb, i didnt give it much thought, but i guess i just thought it was because we were already into feb.

[MrShed]

That is what you are being advised by another member - quite wrongly, and with no basis in my opinion.

 

To keep buzby happy. IF THE CONVERSATION HAPPENED AS YOU SAID IT DID, then they are in breach of contract. As such, my original advice stands.

[lauraM1]

right ok thanks.

 

its not like i am trying to get out of paying for a month etc, i did ask them what was due in feb so i could put the right money in, and i honestly was clearly told that nothing would change in feb, they used the words 'this month' as i rung on 7th feb, and then went on to say, the changes would take place on my march bill. it was for that reason alone that i only put in my normal amount into the bank account. being on a tight budget doesnt mean i have to cancel the DD with the bank, it wouldnt of failed if id be told the correct amount in the first place. does everyone always put in extra just in case more comes out? theres no need for this. i have one account for incomings and one for all my DD's and yes i have had a charge refunded before (two actually) but as already said that was entirely my fault and im not making any excuses for that. this time it genuinely isnt. i just hope they have kepy the record of the call as else its my word against theirs and of course il lose out.