This is my first visit to a forum. I don't know if anyone can help with any ideas to what my rights are. I am getting worried about an issue I have with Sky and JB Debt Collection. It's quite an indepth problem and I will try and explain it as simple as possible.

I owed a Pub with my sister and we had sky TV for approx 2 years. The contract start date was 1st Sept. In July 2008 I had a letter from sky explaining the new services from sept and we phoned them to say we would carry it on. The business was struggling and unfortunately in August the Bank pulled the plug and we could not continue trading.

We phoned sky straight away and they said that although it was only 2 weeks after we had contacted them we had entered into a verbal agreement to have sky up to Sept 2009. They would not accept that the new contract had not started etc. After serveral phone calls they agreed to look into it and told us to write in giving our circumstances, which I did and received a reply from them to say they were passing it to the team leader to look at and would contact us about it. After several months we had not heard from them and I contacted sky again after getting a Final demand for the 12 months sky and the letter stated it would be passed on to their legal team. They said the person dealing with it had left and because it had been passed over to the debt collection agency they could not do anything.

When I had a letter from JB Debt collection I contacted them and told them I was still in dispute with sky about this. The man on the phone was very forceful and said I would have to pay for the full amount. They have tried contacting me a couple of times again and after reading some of the advice on these forums I sent them a letter stating I would not deal with this matter over the phone and that as I was still in dispute with sky they should not be chasing payment. Sky have never sent me a letter regarding my 1st request to have this looked at so as far as I'm concerned it is not resolved.

I don't know now where I stand as sky will not talk about the account as it has been passed on, and I do not want to deal with JB Debt.

I'm sorry this is so long winded but I'm at my wits end and don't know what to do.

Please could anybody give me any advice on what to do next

Hi,

Sky can deal with accounts that is passed to any DCA.

Email a detailed complaint to [email protected] and back up with a letter to British Sky Broadcasting Limited of Grant Way, Isleworth, Middlesex TW7 5QD.

Email so you can put the action in motion quicker.

Dear Sky Business,

I/We were sky business subscribers from 1st septemeber 2006. We were conacted about new services available to us from September 2008. I called on xx August 2008 to say we would be happy to receive these services from September 2008. At no point was I advised that I would entering into a new contract at that time and I certainly did not agree to it and if I had been advised I would have declined the new services.

The business failed in August 2008 and I/we notified sky immediatley to cancel.

I have pervioulsy contacted Sky several times and was advised a Team Leader would investigate this further and at no time has anyone from Sky contacted on closure of this dispute. Also I have been advised by operators that they cannot deal with this account as it has been passed to a debt collection agency which Sky and myself are very well aware of untrue.

As I did not have a response from Sky after my last conversation when I was advised a Team Leader would investigate the matter, i presumed Sky had recognised the error that has been made. I have now been contacted by JB Debt Collection for recovery of this account and so therefore Sky have disregarded any previous contact from me and not investigated this as was advised.

As you will see from your records that I called to cancel this account and if you review the call in August 2008 you will clearly be aware that there was no agreement to any term of length of service of contract.

Please can you investigate this matter and confirm that this matter is now closed and you have cleared the balance and informed JB Debt recovery to withdraw.

Yours Sincerely,

or something along those lines

Ida x

Thanks for that Ida

The original complaint was sent to sb2b@bskyb and they are the ones that ignored it.

The only problem I have with the above letter (which is great) is that they did say on the original phone call that the new contract would be up to sept 2009. We were contacting them in the hope that because the new period had not started they might help. We were hoping there may be some way out of it, but I don't think there is.

Any further advice would be gratefully received

but you have a cooling off period.

Edit the above to amend to say you called within cooling off etc and also add that no update t and c's were rec'd.

can you add a read receipt to ur emails? if so do it

Ida x

Thanks for that Ida.

Letters sent off today by recorded delivery to British Sky Broadcasting Middlesex and by E-mail to [email protected] just have to wait and see now.

Had further Telephone call from Debt collector trying to get payment, told them I would no longer deal with this by phone, and because the debt is in dispute he should not be asking for payment. He then put phone down after telling me he would not contact me again. I don't know what their next step will be.

Thanks again for advice, will let you know what they come back with.

Was your contract taken out in a personal capacity, or as Ltd company or partnership? If the latter, and I'm assuming they've already cancelled the service by blocking your viewing card, then you've not really consumed the service. You could tell them to put their claim into the administrators and that will give you a bit more peace...!

The contract was taken out over the phone for our Pub. It was a partnership. They turned the signal off around the 3/9/08, we asked them to turn it off prior to this though. We did not receive any of the service they are trying to charge us for. I have seen somewhere that business to business contracts are different to consumer rights??? Is this correct?

Can you explain "Put their claim into the administrators" Sorry I'm new to all this and need to get it right.

Thanks for the advice.

Sorry, by this I mean simply tell Sky that the partnership has been dissolved and it no longer exists as a trading entity (I'm assuming this is the case). I'm also assuming this is their B2B contract which does not offer the various protections required of a consumer service contract. (Right to cancel etc etc).

Even so, assuming you are no longer trading, then there will have been an an accountant to administer the winding up. You are only beimg chased because they hope to wear you down and you pay them to go away - however it may be more proper for them to pursue whoever is winding up or closing down the business (that's what they are paid for) so if you have their details, just pass these to the DCA and explain that there is nothing else you can do, and to stop calling you regarding this matter. Hopwfully that might do the trick!

Thanks for that info.

You are right with the details in the first paragraph.

The only problem is we did not actually go into administration.

We closed the pub due to it losing too much money and the Brewery agreed to take the lease back from us.

Perfect (almost!). Refer them to the Brewers. Sky base their contracts on the address used by the licenced premises, so say that as the Brewery took back the lease, any matters concerning the continuation or otherwise of entertainment for customers of the pub would be best dealt with them.

Even if they now have new people in there??

Persumably the new people now have the lease.

Surely. Imagine you dropped back round and discovered that the TV in the corner was showing Sky...? This would mean they've taken out a new B2B contract with Sky, and therefore Sky are no worse off than before, except they are trying to screw you to make a payment for services you didn't consume.

True, they would ordinarily be fully entitled to recieve payment as you specifically agreed to be bound by the contract, but lets not get too worried about Sky's problem, why should they benefit at your expense, when they're no worse off?

I know the new owners are not using sky though

They might feel a need in the future - why not when telling Sky or thir lackeys to contact the brewery for any imagined debt, they might like to contact the replacement leaseholder and offer their service to them..?

That would be great, but I know the new owners will not use sky, they are using one of the foreign companys instead.

I will definately try telling them to contact the brewery though, the next time they contact me.

Thanks