Being pursued for miscalculated back charges.....?

[citizenB]

Have you considered sending a Subject Access Request to this company ? That will give you some idea of what they have been doing.

 

Do you have an account with this company ? and are there any terms and conditions?

[Demonted]

There was no mention of an estimated bill, everyone just assumed they knew more about my predicament than myself.

 

My point, which everyone failed to grasp; can a company or organisation add charges it failed to charge some months earlier onto a recent transaction, thus creating a huge debt which I'm unable to pay by a one off payment.

 

I now have a debt on my account which I did not create, all previous bills were paid on time and in full.

 

I pay all my bills within the allocated time provided and all my finances are in order and upto date but now there's this huge debt added to my account which did not occure due an estimated bill but due to miscalculations, thus not my fault.

 

On a forum such as this I should be able to provide only the details I wish to share and my initial post was a question type scenario that I requested an opinion on.

 

It is for this reason I used the supermarket scenario.

 

At a supermarket checkout the till calculates the total and the amount due is displayed and requested for payment.

 

The organisation I refer to must have some facility of calculating my bill which I don't have access too.

I normally trust such organisations to calculate my bill correctly and when a bill arrives I have nothing to compare it too and I pay the amount requested.

 

However, on this occasion the organisation has stated that they failed to calculate my bill correctly and as a result of their miscalculation charges which should of appeared on my previous bills did not, therefore such charges have been totted up and added to my most recent bill, which I believe is unfair.

 

I do have an account with this organisation which is paid in cash via the Post Office when a bill arrives; no Direct Debit or Monthly payment plan in place.

 

There is probably Terms and Conditions which I'm not completely aware of but that doesn't make such a demand for payment fair.

 

I control all my finances fastidiously, all debt is accounted for and bills paid on time, I've never ever fallen into arrears or ever missed a payment, yet this organisation has added this debt to my account and is attempting to increase the debt, claiming I'm incurring late payment fees, yet again placing the onus on me.

 

My reluctance to identify the organisation was partly due to my paranoia and not wanting the organisation in question to stumble upon this post but also due to the fact that I only wanted opinions in regard as to whether it is fair for a organisation to lead its customers into debt due to the miscalculation of the bill.

 

Yeah, I've already requested the details required to make a Subject Access Request, however, I'm awaiting their response to the most recent email I've sent.

 

 

Incidentally, I'm wasn't expecting anyone to provide the answer you all smugly believe I wanted to hear; I was looking for honest opinions; the fist line of my initial post stated " Opinions on this scenarios please"

 

Also, I never flounced off.

[slick132]

Hi Demonted,

 

If late payment fees have been added, they can often be challenged on the basis that they are unlawful and unenforceable penalties.

 

However, while you continue to withhold info about the nature of the organisation and your transactions with it, it's impossible for us to assist or advise properly.

[citizenB]

If the incorrect billing is due to their accounting then I would say that they cant simply demand that you repay in one lump sum, nor should they be allowed to add penalty charges.

 

If you have not already done so, send a Formal complaint to their Head/Registered office - tell them that you are disappointed at their attitude due to their poor accounting practices and that you do not believe you should be responsible for these errors.

[citizenB]

I would point out that if this thread returns to the scenario of a couple of days ago. I will close the thread again, but this time permanently. It truly is not reasonable for you to expect sound advice without at least providing the name of the company.

[unclebulgaria67]

With things like utility bills where you pay the amount due on receiving a bill, normally there are terms and conditions that state when a bill, has to be paid. The company will also tell you that if you cannot afford to pay, to contact them for help.

 

I do find that it is unfair to suddenly want payment for a large sum, when someone paying by direct debit would simply have their payments adjusted. You can get a late payment marker for a late quarterly payment, when someone on DD payment with the same amount owing would not be treated the same way. I.e they are not asked for a lump sum.

 

We can all say something is unfair, but if companies are allowed by law passed by government or rules of regulator, to act towards customers in a certain way, there is not much you can do apart from complain.

[CrappoMan]

You say "...when the bill arrives...I pay in cash at the post office...", so that rules out anything where you pay before leaving, e.g: supermarket/restaurant.

 

Is this bill composed completely of 'actual usage', e.g: gym visits, or does it contain some element of 'estimated usage', e.g: energy suppler ?

[BazzaS]

There was no mention of an estimated bill, everyone just assumed they knew more about my predicament than myself.

 

Without you giving the details, what else can anyone do except not make an assumption and not reply, or make an assumption to reply?

 

My point, which everyone failed to grasp; can a company or organisation add charges it failed to charge some months earlier onto a recent transaction, thus creating a huge debt which I'm unable to pay by a one off payment.

 

No, we get the point you are hoping to make. The issue is that it likely isn't like a supermarket or gym, since you don't pay at the checkout or reception desk : you have an account.

 

You previously said you didn't have an account :

 

No.....no credit account.

 

But, clearly you do:

 

I now have a debt on my account which I did not create, all previous bills were paid on time and in full.

 

I pay all my bills within the allocated time provided and all my finances are in order and upto date but now there's this huge debt added to my account which did not occure due an estimated bill but due to miscalculations, thus not my fault.

 

On a forum such as this I should be able to provide only the details I wish to share and my initial post was a question type scenario that I requested an opinion on.

 

Absolutely. You'll get a reply based on eg a supermarket.

It may be completely inapplicable to your actual scenario due to the details you are hiding, though.

 

It is for this reason I used the supermarket scenario.

 

At a supermarket checkout the till calculates the total and the amount due is displayed and requested for payment.

 

The organisation I refer to must have some facility of calculating my bill which I don't have access too.

I normally trust such organisations to calculate my bill correctly and when a bill arrives I have nothing to compare it too and I pay the amount requested.

 

However, on this occasion the organisation has stated that they failed to calculate my bill correctly and as a result of their miscalculation charges which should of appeared on my previous bills did not, therefore such charges have been totted up and added to my most recent bill, which I believe is unfair.

 

I do have an account with this organisation which is paid in cash via the Post Office when a bill arrives; no Direct Debit or Monthly payment plan in place.

 

There is probably Terms and Conditions which I'm not completely aware of but that doesn't make such a demand for payment fair.

 

 

Depending on the T's & C's (and any industry guidelines or regulatory guidelines) will determine if it is fair or not, which ultimately a court could rule on.

 

I control all my finances fastidiously, all debt is accounted for and bills paid on time, I've never ever fallen into arrears or ever missed a payment, yet this organisation has added this debt to my account and is attempting to increase the debt, claiming I'm incurring late payment fees, yet again placing the onus on me.

 

My reluctance to identify the organisation was partly due to my paranoia and not wanting the organisation in question to stumble upon this post but also due to the fact that I only wanted opinions in regard as to whether it is fair for a organisation to lead its customers into debt due to the miscalculation of the bill.

 

Yeah, I've already requested the details required to make a Subject Access Request, however, I'm awaiting their response to the most recent email I've sent.

 

 

Incidentally, I'm wasn't expecting anyone to provide the answer you all smugly believe I wanted to hear; I was looking for honest opinions; the fist line of my initial post stated " Opinions on this scenarios please"

 

Also, I never flounced off.

 

So, when you wrote:

 

I explained my predicament and scenarios clearly yet so much nit picking any reply recieved now lack credibility, so much so, I've stopped reading replies.

 

Stopping reading replies is a fair approximation of a flounce.

 

So: you do have an account.

You have deflounced and started reading replies again.

When (/if?) we find out the industry and the supplier : you might enable people to give focused opinion.

[spalding78]

No bee in my bonnet.

 

I explained my predicament and scenarios clearly yet so much nit picking any reply recieved now lack credibility, so much so, I've stopped reading replies.

 

As per usual, what can be fabulous resource ruined by nit picking know it alls, who have offered nothing but criticism.

Isn't your beef precisely the opposite - you're complaining that people who help you must be know it alls - and getting upset when they say they aren't know it alls and need you to actually say what your question is?

[Bazooka Boo]

I can't believe caggers are still entertaining the OP?

[Demonted]

I do have an account but it's not what I would describe as an "Credit Account" I assumed a credit account provided a credit facility; I don't have a credit facility I just pay the bill when it arrives.

 

Late payment charges have not been incurred as of yet but I'm reminded of the possibility of such charges being incurred within all correspondence and during telephone calls.

 

Regardless of Terms and Condition or legislation my point is in regard to a debt being created by an organisation or company's mistake, whether that be at a checkout till in a supermarket, a fee for using a gym, cost for cleaning windows or the calculation of a bill in a restaurant, which is than passed onto the customer and pursue as a debt.

 

Just because it's stated within the Terms and Condition or governed by regulatory guidelines doesn't make it fair or justified.

 

Incidently the Consumer Helpline have informed me that there is no legislation that allows a company or organisation to add a debt in such manner.

 

 

 

BassaZ.... I see you insist on aggravating the situation by taking the trouble to highlight points from my previous post........ I request you stop replying to my post if your intent is to antagonise and belittle me.

 

Cookies.... my comment is in regard to "know it alls" who contribute to a forum post with irrelevant points just for the sake of posting a reply.

[unclebulgaria67]

I do have an account but it's not what I would describe as an "Credit Account" I assumed a credit account provided a credit facility; I don't have a credit facility I just pay the bill when it arrives.

 

Late payment charges have not been incurred as of yet but I'm reminded of the possibility of such charges being incurred within all correspondence and during telephone calls.

 

Regardless of Terms and Condition or legislation my point is in regard to a debt being created by an organisation or company's mistake, whether that be at a checkout till in a supermarket, a fee for using a gym, cost for cleaning windows or the calculation of a bill in a restaurant, which is than passed onto the customer and pursue as a debt.

 

Just because it's stated within the Terms and Condition or governed by regulatory guidelines doesn't make it fair or justified.

 

Incidently the Consumer Helpline have informed me that there is no legislation that allows a company or organisation to add a debt in such manner.

 

 

 

BassaZ.... I see you insist on aggravating the situation by taking the trouble to highlight points from my previous post........ I request you stop replying to my post if your intent is to antagonise and belittle me.

 

Cookies.... my comment is in regard to "know it alls" who contribute to a forum post with irrelevant points just for the sake of posting a reply.

 

Begs the question as to what can be done about companies who appear to treat customers unfairly. I get what is being said, but unless you can point to relevant legislation that helps you with a complaint of unfair business practice, it is unlikely to get anywhere.

[BazzaS]

I do have an account but it's not what I would describe as an "Credit Account" I assumed a credit account provided a credit facility; I don't have a credit facility I just pay the bill when it arrives.

 

Late payment charges have not been incurred as of yet but I'm reminded of the possibility of such charges being incurred within all correspondence and during telephone calls.

 

Regardless of Terms and Condition or legislation my point is in regard to a debt being created by an organisation or company's mistake, whether that be at a checkout till in a supermarket, a fee for using a gym, cost for cleaning windows or the calculation of a bill in a restaurant, which is than passed onto the customer and pursue as a debt.

 

Just because it's stated within the Terms and Condition or governed by regulatory guidelines doesn't make it fair or justified.

 

Incidently the Consumer Helpline have informed me that there is no legislation that allows a company or organisation to add a debt in such manner.

 

 

 

BassaZ.... I see you insist on aggravating the situation by taking the trouble to highlight points from my previous post........ I request you stop replying to my post if your intent is to antagonise and belittle me.

 

Cookies.... my comment is in regard to "know it alls" who contribute to a forum post with irrelevant points just for the sake of posting a reply.

 

My aim is not to antagonise nor belittle but to highlight where you have given contradictory information or not replied to Site Team's advice (such as you still haven't identified the firm concerned).

 

This will help other cag'gers decide if they want to invest time in trying to help you .... Or if you likely won't help yourself.

 

As for

I do have an account but it's not what I would describe as an "Credit Account" I assumed a credit account provided a credit facility; I don't have a credit facility I just pay the bill when it arrives.

 

You get their service and utilise their product without having to pay in advance or 'Pay as you go'

They offer you credit by letting you pay later.

Just because it doesn't fit your idea of a credit account doesn't mean it isn't a credit account.

As an indicator : did they do a credit check? does the account show as an entry on your credit file?

Even if it doesn't : it is still a credit account if you "use first, pay later", but if it does : conclusive that it is a credit account.

 

I would point out that if this thread returns to the scenario of a couple of days ago. I will close the thread again, but this time permanently. It truly is not reasonable for you to expect sound advice without at least providing the name of the company.

 

Are the firm's actions fair? Who knows, as you'd rather "argue the toss" than give enough detail (as required by Site Team) to allow reliable discussion.

[slick132]

Hi Demonted,

 

I'm a great fan of Radio 4's old prog - 20 Questions.

 

However, I and many other good contributors to this site do not come to CAG to play guessing games.

 

Despite repeated requests for info that would help us to advise you properly, you've failed to provide, and left folk trying to guess what sort of problem you have.

 

Thread closed.

Edited July 3, 2015 by slick132