Ok who is up for a chalenge?

[milnholm]

On December the 7th this year abill was generated by sky for the next months subscription. However, I was already one month behind due to financial hicup. So on december 9th the viewing was suspended.

I called to day to pay the outstanding £77 and few pence. And in the course of the discussion I asked if I would get a credit applied to the accout for the 20 days i Had no viewing. My argument was that I did not leagaly think I could be charged for the viewing as it had not been provided.

I was told that since the bill had already been generated I an leagaly bound to pay the full amount.

Now i worked for Sky for a while as a customer relations consultant, based upstairs in Sky 4 in livingston. So I was aware that we did infact apply credit for the lost viewing. We could not actualy alter the bill as the account was in suspension and the bill had been generated. but what we did do was apply credit to be offset againd future billing to the value of the lost viewing.

What i am looking for is some leagal advice. Can Sky legaly pursue for the subscription charged while viewing had been suspended. Or to put it another way can they charge me for services which have not been provided?


A new year chalange

Enjoy your new year

John

[Conniff]

I would say 'no'. How can anyone charge for something not received.

If the answer should be yes, then I will need your address milnholm so I can send you a bill for the petrol you haven't had from me.

[borisbeaver]

IIRC in the T's & C's it states that you must continue to pay your monthly subscription even when the service has been suspended for non-payment.

[flyingdoc]

I would telephone sky and tell them that now you have paid your subscription up to date you would like a refund for the time that your account was suspended and you received no service.

Just because they send you a bill doesnt meant that you are legally obliged to pay it.

I would argue that the T&C would be in breach of the RUTCC as they impose an obligation to pay for a service that has not been rendered.

[IdaInFife]

Sky will no longer apply credit for the loss of viewing if blocked due to non payment.

as boris says this is covered in the t and c's.

Ida x

[flyingdoc]

and of course as it is in the T&C it must be legal.

forcing someone to pay for a service that has not been redered in my opinion is an unfair term and would be challengable under the RUTTC 2008.

[IdaInFife]

Originally Posted by flyingdoc

and of course as it is in the T&C it must be legal.

forcing someone to pay for a service that has not been redered in my opinion is an unfair term and would be challengable under the RUTTC 2008.

I never said it was legal but the OP would need to take this to court to challange it under RUTTC


Ida x

[flyingdoc]

perhaps not - The first bank charges were paid out without going to court - only when the number of people reclaiming them got to such that it was worth the banks defending did it end up in court.

If you were to write to sky telling that that you have been advised that this condition may be in breach of RUTCC and that should they not refund then you will issue they might "as a goodwill gesture" refund you that money,

its worth a go..

	Bank Charges You should have started your claim for your bank charges by now. Don't wait. You should send your bank a Subject Acess Request asking for all personal data they hold on you - not just statements. You should calculate all of your bank charges and related interest as far back as 1995. You should send your bank a demand for a refund giving them 7 days. You should commence your legal action adding 8% statutory interest. If you wait for the outcome of the test case, you may not be able to claim like this. you may not be able to claim interest. You may only be offered the difference between the charge and the OFT "fair charge". The repayment scheme will try to limit you to refinds from 2001 only. A repayment scheme will not deal with any bank charges related defaults on the credit register whereas in a court action you can ask for these to be removed and to be compensated for the damage caused to you and your family by them. You should also write to the bank and to the CRA and put all charges related credit entries in disupte and warn them that you will want them removed from the Register when the test case is over. Warn them also that you are likely to be seeking compensation for these wrongful data entries. Full and final settlement Have you previously accepted a partial repayment of your bank charges in full settlement? You will still be able to claim the rest of your money back after the Test case is decided. Get all your information back to 1995 and put in your claim now.

[jazzwhiterabbit]

Sorry can you tell me what RUTTC is as this may help me with a problem i've got