Newcall over charged for 18 months - will only refund 3!

[nc22]

Folks - a little advise please...

 

I've signed up to a phone+broadband package with Newcall (previouslly primus saver) back in November 2012. I think it was done through quidco and the deal was £13.99 a month for 12 months. At the time it was fantastic value, especially as that was a second line and the broadband was just a freebie!

 

Fast forward to present time, we've had 2 outages on this line and I called Newcall last week to lodge a ticket and get it resolved. As part of the support call I also noticed I couldn't login to their online account site and asked for my password to be reset. We have another service with Newcall (calls on our main line), and so I thought the same password will apply but that wasn't the case...

 

When I logged in and looked at the bill, I nearly fell off my chair - the total was £30.22!! Called to ask customer services what was the breakdown, and was amazed to find that since day 1 we were charged separately for broadband at £12.66 (pre-VAT) by mistake. The obvious question they asked was - "Mr. NC, why didn't you let us know that we are over charging you for the past 18 months?!". Must admit, a valid question but the reason is very simple - I've had another service with them, similar monthly cost, and so when checked I thought the charge was for that service, and thought it was just me getting confused for seeing 2 charges from time to time.

 

So I asked them to send me a full statement of account and arrange for a refund of the over charges.

 

Today, I've had their response which is as below:

 

-----------------------------------------------

Account: 11223344

 

We are writing to you regarding an open query you have with New Call Telecom Customer Services under reference: #2121212.

An update has just been added on the system please see below for further details:

 

Thank you for your email.

In regards to your account, please note I have forwarded every copy of your invoices on to your email address linked to your account for you to view the bills.

Please note, that the invoices will cover the audit that you have requested as this provides an itemised break down of the bills.

Please note, in regards to any over charges New Call will only backdate charges to up to 3 months ago. Over the past 18 months, this was your responsibility to notify New Call regarding the price increases and the over charges.

I hope this helps.

 

We will contact you once the above query is resolved, we may also need to contact you for further information to assist us in resolving the query.

To check on the progress of your query, please contact and quote the above reference number.

Kind regards,

------------------------------------------

 

So they've indeed sent me the breakdown I've asked for, but with reference to the section highlighted...

 

What is the legal position on that? can they get away with it?! has anyone been in a similar position where a provider has over-charged and limited the refund to a few months?

 

I'm looking for some advise before taking action. I am not prepared to let them get away with it.

 

Thanks in advance,

 

NC

[havinastella]

Hi and welcome to CAG.

 

Send a LBA to registered address giving them 14 days to repay the whole 18months overcharge.

 

On the 14th day, Issue court papers.

[BankFodder]

Hi and welcome to CAG.

 

Send a LBA to registered address giving them 14 days to repay the whole 18months overcharge.

 

On the 14th day, Issue court papers.

 

Yes. Absolutely.

This is a shocking attitude from a company. You have 6 years to bring the small claim in the county court from the date you could reasonably have discovered the error.

Put the claim in asap and add 8%.

Complain to Trading Standards and the phone regulator.

[nc22]

Thanks for the swift response! lba as in letter before action? are there any templates available on the site which you can point me to? will start searching as soon as I hit the "Post" button...

[BankFodder]

Try this

Thank you for your email of XXXdateXXX informing me that you only refund over-payments up to 3 months.

 

This is completely unacceptable and there is a contractual limitation period of 6 years for the recovery of money paid under a mistake.

If you do not refund me in full within 14 days I shall start an action on the county court for the full sum plus interest and without any further notice

Believe me.

[nc22]

Clear and concise - thank you very much!

[nc22]

OK, I have responded to their email with the suggested text, and will post a letter in the morning as advised. Will keep you posted...

[BankFodder]

Make sure that you intend to carry out your threat.

No point in bluffing.

 

Start researching the steps to bring small claims. It very very easy.

 

Your claim will be:-

 

The claimant was a customer of the defendant- account no.XXXXX - a supplier of mobile phone and broadband services. The defendant overcharged the claimant over a period of 18 months and refuses to refund the money which has been paid over by mistake.

The claimant seeks £XXX - plus interest at 8% pursuant to s.69 County Court Act 1984

[nc22]

quick update - 7 days have passed since my note to newcall and i've had no response whatsoever. What did happen, though, is a new charge for £32 for line rental plus broadband! So not only did they not refund what they've taken wrongly for 18 months, they continue the erroronus charge!

 

Also, whilst going through the particulars, I wonder what is the position with regards to the months following the 12 months contract, which were clearly at £13.99? are those considered as a continuation of that contract and so should be charged the same? or are those considered out of contract, and newcall can charge what they feel like?

[nc22]

Another update - I've been discussing this matter with Newcall over the past 3 weeks. Phone calls and emails, yet to date nothing has been done. I held off the claim as I wanted to ensure I have done everything I could to resolve this amicably. Latest from them was that they will recalculate all the overcharges and credit my bank account. That was on July 1st, and I feel it's now time for me to take action.

 

Can someone clarify my last query please? That is how to address the months following the original 12 month contract - are those a continuation of that contract or not?