Tiscali double-charging

[forgerecordings79]

Hi all,

I have posted here before but have changed my username for security purposes. I have a prob with Tiscali and hope someone can help or suggest.

I recently had dialup for 3 months at 15.99 a month, the latter 2 months of which it did not work.

I managed to establish with Tiscali that it was not a problem at my end, as my settings were good, my line was good, and my account was paid up to date. Usually I could not connect at all. However on occasion I would connect and be told that my account was suspended due to nonpayment.

From this point on I was ping-ponged from Technical Support to Customer Services with each one saying I should go to the other.

The former being at £1 a minute, I figured it better to leave quickly.

I cancelled and was charged £24.97 cancellation fee, which I agreed to on the phone and paid with Visa Electron. I must say I cant actually remember if this was a set fee or for part of a months internet usage used.

A few days after the money was taken a second time.

I have called Tiscali 5 or so times in 8 weeks, 3 times they have said they will pass the complaint on to their finance department as they are unable to refund me themselves, and I will receive a call back, which i never do. Call time totalling around 2 hours.

The most recent time 10 days ago, I gave my full card details (twice) and ran through the refund and was given a reference number. No money has appeared in my account yet.

I know its only a small amount of money, and I will cut my losses and forget it if thats whats suggested - but this has happened a few times and on principle I'd like to know if theres anything I can do!

Thanks in advance

[forgerecordings79]

* I should add that I had been told before that I'd been refunded, and gone through it with the person on the phone. I wont assume that they are aware they're fobbing me off - but it seems that way.

[forgerecordings79]

Bump, can anyone help?

Basically (my OP is a bit over-complicated) I've been charged twice by Tiscali using my Visa electron card, and I dont know I can do.

Its only a small amount but it'd be useful to know where I stand, in case it happens again (and it has happened before)..

[Melstin]

OP

If they mad a genuine mistake, they have to refund you. Otherwise, write to Trading Standards and see what happens.

My daughter's boyfriend had a similar problem which he resolved very quickly by writing to the bearded buffoon. I think you know who I mean!

[legalpickle]

Write them a harsh letter threatening legal action to:
The Directors Office,
Tiscali UK Limited,
20 Broadwick Street,
London,
W1F 1HT

Also claim for the two months that you didn't receive the service you paid for, therefore you should be entitled to a full refund of the last fee you paid, as well as the double fee, because they were in breach of contract.

If they don't refund you in full within 14 days, then sue them in the County Court for all the above plus interest and court fees. They are most likely to settle within a few weeks, if not they don't have a leg to stand on in a court hearing, so it is extremely unlikely to get to that stage.

Send the letter by special delivery and claim the cost of that as well, as they shouldn't need you to write to them.

Also, claim the cost of the additional telephone calls you made to them, as they didn't sort it out.

Add interest to all the above.

If you draft the letter before action and post it up here - minus any confidential information - then I'll try and help you by proofing it.

It should be such a simple case, it's not worth wasting your time with Trading Standards or CISAS. I reckon that if you hold to the timeframes I recommend, you can have your dough - and more - within 2 months absolute max. Trading Standards might possibly trigger them to pay the double fee and that's it. CISAS probably that plus a tenner.

[forgerecordings79]

Thankyou both for taking the time to reply. Sorry for my tardiness.

Melstin - I have to admit I dont.. but Im sure Brian Blessed isnt involved with Tiscali.. or is he!

legalpickle - thanks, thats exactly what Im going to do.

May I ask what sort of interest is normal in these cases?

Thanks again,

[legalpickle]

Originally Posted by forgerecordings79

Thankyou both for taking the time to reply. Sorry for my tardiness.

legalpickle - thanks, thats exactly what Im going to do.

May I ask what sort of interest is normal in these cases?

Thanks again,

No problemo.

What do you mean "what sort of interest is normal in these cases", by who?

Tiscali: They'll probably settle in full within 3 weeks of receiving the claim form, after filing an Acknowledgement of Service stating their intent to defend - that's what they did with me. Either that or they'll settle between filing a defence and reaching the hearing, but out of many Tiscali cases, I have yet to hear of a Tiscali small claim entering a hearing, the latest settlement I've heard of was literally 2 minutes before the hearing was going to start [and the hearing was running 45 mins late!].

I recommend you post the LBA - minus confidential info - here so that we can proof it for you. As the individual looking at the letter, you may not see everything an uninvolved individual would see - no offence meant.

Please keep us posted, whatever you do.

Good Luck! Take on these beasts!