Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
I wanted to share this with the board. It may be a matter that is now closed, but I have a funny feeling that it will rear it’s head again, as these things do seem to.
I took out a TopUp TV Freeview subscription in July 2008, and cancelled it in writing within the cooling off period in the contract. I asked for a letter or email confirming this has been actioned, but was not overlying concerned when I heard nothing from them. However, I had proof that they had received my cancellation, so there did not seem much to worry about. I knew that I did not owe them any money.
From that date forward, no money was debited from my account either, and I heard nothing in relation to any failed collections, although the mandate was still live at the time, only because I had overlooked cancelling it with my bank.
Then, in late November 2008, I received a letter with a payment slip from Westcot, asking me to pay outstanding money to a company I had not heard of, and an amount that rang no bells in my memory.
As there was no address on the letter, I had to telephone them, which I would never normally do with a DCA. The gentleman I spoke to was very polite and very helpful, which I had not expected. He explained that TopUp TV had passed the alleged debt to them. When I explained that the matter was an error, he told me they would put all collection activity on hold and refer the matter back to the client. I was a little surprised by this – although he used the word ‘alleged’ himself as he told me there was no further information other than what he had told me on the file.
I also told him that now I knew who the client was I would write to them to complain because they had not made any attempt to ask me for the money, and if they had the matter could potentially have been resolved without this hassle. I did confirm this a few days later to Westcot after I had written to TopUp TV. I now had the DCA address as they had sent me a letter confirming collection activity was suspended while they made enquiries with their client.
About a month later, I had a letter from Westcot saying they had closed the matter and returned the file to the client and had ceased all collection activity. I have ever heard anything from TopUp TV, which is very bad customer service as I had written to the Complaints Manager.
Maybe this is the end of the matter, although I did get the impression that the DCA did not have any evidence that I owed any money. Reading between the lines, I also got the the distinct feeling that my situation was not uncommon to the DCA.
Hello everyone.
This is my first post.
Many thanks for reading.
My girlfriend purchased a Topup Tv box for my crimbo present as it came with 10 months free Setanta Sports.
I tried calling to activate a few times but the systems were down. I eventually managed to activate the box via the phone number supplied. During which time I was also offered TopUp TV Anytime, or whatever they call it, free for 1 month but I kingly refused the offer and explained to the chap on the other end, that it was just the Seranta offer I was interested in to which he replied '...I will give it to you anyway, its free'
'Okay' I said. That was it, no mention of anything else to do with any future action or calls I would need to make regarding this , free month.
Needless to say, aprox 1 month later, I was charged for their service. Not once but twice, totalling £29.98.
They later explain to me that I had not cancelled this 1 month offer.
I explain to them they did not inform me of this requirement by me.
During this time I have 2 direct debit payments returned due to their unauthorized appropriation of funds from my bank account. Charges totalling £70 were incurred due to these being returned unpaid by the bank.
Topup TV have refunded the £29.98 and compensated me £70 in bank charges.
Now, 1 of the returned unpaid dd's was to B.T. and because of this they have placed a £10 charge to my account.
This charge was a direct result of TopUp TV's error in taking funds from me they should not have. By compensating me I was under the impression they were accepting liability. However, TopUp TV had declined to compensate me a further £10 which I find terrible.
My advice to anyone would be to try and record any conversation you have with TUTV and put it in writing if you can. But mind and tell them you are recording.
Does anyone have any advice on how to get my tenner back?
Sadly no - the direct debit 'guarantee' is anything but, as it does NOT cover consequential loss issues. The best thing it to avoid DDs at all costs, as the costly mess you end up with when it all goes wrong will have only one loser - and you know who that will be!
Freeview - TopUp TV - Cancellation...
. The gentleman I spoke to was very polite and very helpful, which I had not expected. He explained that TopUp TV had passed the alleged debt to them. When I explained that the matter was an error, he told me they would put all collection activity on hold and refer the matter back to the client. I was a little surprised by this – although he used the word ‘alleged’ himself as he told me there was no further information other than what he had told me on the file.
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