Pipex rip off

[Graham777]

I have a 1M BB connection with Pipex for which I have been paying 23.44 for some time. Thought this was a bit steep so rang them. They informed the the price for this connection is 14.99! Anybody know where I stand as I have been paying over the odds for the same service?

Cheers,

G

[legalpickle]

Sue 'em.

1. Get statements from your bank for how long you've been paying this and details of the payments to them.

2. Draft a letter of complaint headed as a 'Final Letter Before Legal Action' and post a copy - minus confidential details - here. I'll then try and proof it for you.

3. Send it special delivery to;
The Directors Office,
Pipex Internet Limited,
20 Broadwick Street,
London,
W1F 8HT

4. 14 days later, prepare a court claim form and sue them for all overcharged amounts plus interest at 8% per annum [pursuant to s69 of the County Courts Act 1984].

[callumsgran]

Originally Posted by legalpickle

Sue 'em.

1. Get statements from your bank for how long you've been paying this and details of the payments to them.

2. Draft a letter of complaint headed as a 'Final Letter Before Legal Action' and post a copy - minus confidential details - here. I'll then try and proof it for you.

3. Send it special delivery to;
The Directors Office,
Pipex Internet Limited,
20 Broadwick Street,
London,
W1F 8HT

4. 14 days later, prepare a court claim form and sue them for all overcharged amounts plus interest at 8% per annum [pursuant to s69 of the County Courts Act 1984].

Surely number 2 should be send prelim request?
Then after 14 days the LBA

[legalpickle]

Originally Posted by callumsgran

Surely number 2 should be send prelim request?
Then after 14 days the LBA

Prelim request for what exactly?
There is no obligation to send TWO letters and I consider it soft and time wasting.
If the OP can get all the information he needs from his bank - which I'm sure he can - then there is no need for any other requests from them.

[Lula]

You could always try talking to them before going off to legal action, see if they see reason, If you signed a contract at that price then I dont see what you can possibly hope to get back unless they grant you a gesture of good will and change your contract to the one costing less.

[legalpickle]

Graham: Check you aren't on the business tariff which may be more expensive. Your claim would be that you never requested the business tariff, but it would explain why you were ripped off.

Originally Posted by Lula

You could always try talking to them before going off to legal action, see if they see reason, If you signed a contract at that price then I dont see what you can possibly hope to get back unless they grant you a gesture of good will and change your contract to the one costing less.

Misrepresentation. Overcharging on their advertised tariff.

[Lula]

Not necessarily mis representation, that may have been the price at the start of the contract, I have yet to see anything that says anything to the contary, my provider constantly does offers and reduces prices, I just ring them up and they change accordingly, its called communication.

[legalpickle]

Originally Posted by Lula

Not necessarily mis representation, that may have been the price at the start of the contract, I have yet to see anything that says anything to the contary, my provider constantly does offers and reduces prices, I just ring them up and they change accordingly, its called communication.

If they change the price and the customer is out of contract then he should be made aware. According to what you're saying the customer needs to constantly monitor their website. I find that quite unfair.

[Lula]

I would also say that it is unfair to expect a provider to constantly monitor what rate each customer is on and then compare them to what tariffs are available at the moment, it is the work of moments to check with the provider once a month. I do not feel that rushing towards litigation is always the answer, my first port of call would be to communicate with the company and see what they have to offer, could save a lot of time and effort in the long run

[legalpickle]

Originally Posted by Lula

I would also say that it is unfair to expect a provider to constantly monitor what rate each customer is on and then compare them to what tariffs are available at the moment, it is the work of moments to check with the provider once a month. I do not feel that rushing towards litigation is always the answer, my first port of call would be to communicate with the company and see what they have to offer, could save a lot of time and effort in the long run

1. No it's not. They have automated billing and can automatically have certain messages printed off for certain tariffs. This isn't complicated.

2. Hence the LBA. That is sufficient for the matters at hand. A normal customer focused company [unlike Pipex which is owned by Tiscali!] would respond immediately and try to sort the matter out. Obviously in the unlikely event that they do respond with anything other than we ain't paying you nought, the OP should respond to that letter but I seriously doubt that would be the case. This is part of Tiscali, we're talking about - undoubtedly one of the worst providers on the face of this planet! Everything of their's is done the same way, runs of the same systems, just a different brand name!

[Graham777]

Thanks for all the comments.

I have had the connection since 2003. It is not a business connection only residential. They have dropped the price in the past WITHOUT my intervention, (from 28 to 23 quid). I do not believe that they can, legally, expect me to pay more for the connection than what other people are paying. After I complained to Customer Services they said that it was MY responsibility to ensure that I am on the correct connection plan, however, there is NO price plan for what I have been paying, only the 14.99 package! I am sure that there must be some law about them overcharging!

Cheers,

G

[legalpickle]

Originally Posted by Graham777

Thanks for all the comments.

I have had the connection since 2003. It is not a business connection only residential. They have dropped the price in the past WITHOUT my intervention, (from 28 to 23 quid). I do not believe that they can, legally, expect me to pay more for the connection than what other people are paying. After I complained to Customer Services they said that it was MY responsibility to ensure that I am on the correct connection plan, however, there is NO price plan for what I have been paying, only the 14.99 package! I am sure that there must be some law about them overcharging!

Cheers,

G

So follow my instructions and draft a letter, post it here and send it special delivery then sue!

[Graham777]

Draft letter:

My Address

Pipex
PO Box 273
Welwyn Garden City
Hertfordshire
AL7 1YA

Date:


Reference: My Account number

LETTER BEFORE ACTION

Dear Sir or Madam,

With regard to the above account. I have been paying over the odds for this account for some time now, (£23.44 per month).

A recent review of my broadband connection with your Customer Services revealed that the real cost of this connection is £14.99. I made a formal complaint to your Customer Services for a refund of the overcharging, (via the website), and was informed that it is MY responsibility to check that the correct tariff is being applied. What utter rubbish!

Having reviewed all my payments to date, I have calculated that you owe me the sum of
£688.03 plus 8% interest giving a grand total of £743.07. Please forward this amount by return. Failure to forward the amount due within 14 days from the date of this letter will result in a County Court summons being issued against you which will result in further costs being added.

I look forward to your due diligence in this matter.

Yours,

[robin9342]

Originally Posted by legalpickle

Graham: Check you aren't on the business tariff which may be more expensive. Your claim would be that you never requested the business tariff, but it would explain why you were ripped off.

£23.44 was the standard residential charge for "up to 8mb" Pipex customers. I too, was on this rate until I changed providers.

Unfortunately, I think it is the customer's responsibility to check new offers.

For example, If I buy a stereo today in Argos for £99.99 and in 6 months time they permanantly reduce the price to £79.99, I have no rights to demand a refund of the £20 difference.

Similarly, my gas supplier offers various tariffs which constantly change (usually upwards ), but it is up to me to seek out and request the best tariff, or indeed, change suppliers.

As much as I hate Pipex/Tiscali, I really don't think the OP has a legal case. However, there is no harm in trying the LBA.

[legalpickle]

Originally Posted by Graham777

Draft letter:

My Address

Pipex
PO Box 273
Welwyn Garden City
Hertfordshire
AL7 1YA

Date:


Reference: My Account number

LETTER BEFORE ACTION

Dear Sir or Madam,

With regard to the above account. I have been paying over the odds for this account for some time now, (£23.44 per month).

A recent review of my broadband connection with your Customer Services revealed that the real cost of this connection is £14.99. I made a formal complaint to your Customer Services for a refund of the overcharging, (via the website), and was informed that it is MY responsibility to check that the correct tariff is being applied. What utter rubbish!

Having reviewed all my payments to date, I have calculated that you owe me the sum of
£688.03 plus 8% interest giving a grand total of £743.07. Please forward this amount by return. Failure to forward the amount due within 14 days from the date of this letter will result in a County Court summons being issued against you which will result in further costs being added.

I look forward to your due diligence in this matter.

Yours,

They don't owe you interest till you issue court proceedings. Also interest would be from each date of the charge till the date of issuing proceedings. I have amended your letter here. Send it by special delivery only, not recorded delivery.

Fill in the 'xxx' 's. Also, I would suggest moving if they don't change the price to the correct price, as you will have to stop the overcharge somehow. So if they don't respond. Call and get a MAC code and move provider. Then pay the final bill - at the overcharged rate - and cancel your payment method when the final bill has been paid. Then, and only then, issue the court proceedings. I would anyway recommend leaving that rubbish.

The Directors Office,
Pipex Internet Limited,
20 Broadwick Street,
London,
W1F 1HT

14th October 2008

FINAL LETTER BEFORE LEGAL ACTION

Dear Sirs,

I write further to my account with the reference: xxxxx which is for an up to 1mb broadband service with your company.

A recent review of my broadband connection with your Customer "Service" team revealed that I should have been charged £14.99/month instead of £23.44/month as I have actually been charged since xx/xx/20xx.

I made a formal complaint to your Customer "Service" team via your website and was informed that it is allegedly my responsibility to check that I am being charged the correct amount. I contend that this is not the case and that the overcharge is due to the incompetence and negligence of your staff.

Having reviewed all my payments to date, I have calculated that you owe me the sum of £688.03 which is £8.45 x xx months that I have been overcharged due to your incompetence and negligence.

Should a refund not be forthcoming within the next 14 days together with confirmation that the charged amounts will change to £14.99 from now onwards, I will be left with no choice but to issue court proceedings against Pipex Internet Limited for the full sum plus interest at 8% per annum [pursuant to s69 of the County Courts Act 1984] and court fees.

I look forward to receiving a satisfactory conclusion to this matter.

Yours Sincerely,

Originally Posted by robin9342

£23.44 was the standard residential charge for "up to 8mb" Pipex customers. I too, was on this rate until I changed providers.

Unfortunately, I think it is the customer's responsibility to check new offers.

For example, If I buy a stereo today in Argos for £99.99 and in 6 months time they permanantly reduce the price to £79.99, I have no rights to demand a refund of the £20 difference.

Similarly, my gas supplier offers various tariffs which constantly change (usually upwards ), but it is up to me to seek out and request the best tariff, or indeed, change suppliers.

As much as I hate Pipex/Tiscali, I really don't think the OP has a legal case. However, there is no harm in trying the LBA.

But if you read the OP's posts you'd see he's on the 1mb service, not the 8mb service!!! I disagree with the rest of your post on the basis that it is not the same case with the utility providers. There they are completely different tariffs not prices for the same tariff. Where the price for the same tariff changes, they change the price - as you say usually upwards.

To explain the, tariff here is the 1mb service, the price should be £14.99 if it changed upwards or downwards they would have been obliged to tell the OP, but not if there was also a 1mb with 2gb usage tariff - as that would as you say be your responsibility.

[Graham777]

robin9432:
For example, If I buy a stereo today in Argos for £99.99 and in 6 months time they permanantly reduce the price to £79.99, I have no rights to demand a refund of the £20 difference.

I totally agree, however, what I am complaining about is, If I buy a stereo today in Argos for £99.99 and the price to other customers is £79.99, I DO have rights to demand a refund of the £20 difference.

legalpickle:

Thanks for that. Will be in the post tomorrow.

Cheers,

G