Anyone any experience of claiming/planning to claim for this ?

They automatically add this monthly charge to non dd customers who pay late.

In addition they now charge a 4.00 non direct debit admin fee to monthly bills.

Potentially therefore could cost you 14.00 per month !!

Thoughts please.

My thoughts are that it doesn't cost them £10 when you're late paying. Especially considering they charge you £4 for not paying by d/d, which seems to me already covers their costs in case you don't pay exactly on time.

If they can't/won't supply a breakdown of their costs, it seems to me it would be reclaimable.

.

Well I am going to try and find out.

I will send them a dpa request and ask them for that information.

I am prepared to forfeit a tenner if they can show me its reasonable/accountable.

If they cannot then I may be gaining a tenner...............or several to be correct !!!

I Have seen on another site that someone is challenging the same points with BT.

Will of course keep everyone informed here of any results.

What a great idea Martin3030. I too am having trouble with Telewest.

We've had a broadband problem for a long time (i've posted it in my own thread) and have constantly asked them to rectify the problem. Anyway, they couldn't, so we are now with BT.

But our final bill came in from Telewst for £137 and after reading many threads on these forums I felt brave and decided to write to them quoting the Sale of Goods Act. That it should be of satisfactory quality (it never was), fit for purpose (broadband is meant to be constant, we were always off line), as described (it clearly wasn't).

I gave them the option of offering me a suitable settlement figure for this bill (put the ball back in their court) or I would go back through every single bill I received from them and work out how much we've been charged for a service we never received and include all charges and bill them.

Got a letter Saturday morning from some load of debt collectors!!!!! Not even so much as a letter back from Telewest - straight to DCA's!!!

Go get em Mum.

My DPA went off today to Telewest.

Been looking at regulatory bodies for telecoms it ised to be oftel but now its ofcom.

Wasnt really impressed at reading their site .....dont look as good as Energy watch !!

All the same..............forward we go.

Not seen any one yet claiming off these so will be interesting.

Do know of claims going in for penalty charges with Bt tho............if they are successful then i dont see why telewest cant be accountable too.

Will keep you informed

PS good luck with your other claims too..................

Thanks for your reply.

Do you think I should approach it as two separate matters then?

One for the final bill settlement and another for the late charges applied, send the DPA so that at least I've given them the chance to explain their charges?

Or maybe I should do what I threatened to do in my letter and hit them with a lump sum (now I'm thinking out loud)!!

I know I don't have to deal with the DCA's, so they can just do one ...........

This site gets better and better at ways to claim back your money - I love it!!!

Good luck and keep us posted xx

Mum I am not too clear as to whats the best course for you,I am claiming for the penalty 10.00 late charges so mines pretty straightforward.

I am sure you have a case for both your complaints but unsure as to which legislation you need to use.

This is an area one of the mods here maybe can answer more clearly.

Over to Dave,Bankfodder or Bookworm ..............??

I feel they're 2 different things, and it probably is a good idea to keep them separate so as not to confuse the issues.

.

Thank you Bookworm, I think you're right (as usual)!!!

Incidentally, what if the DPA information is incorrect - does this mean it would get thrown out if it ended up in court?

Dear Martin3030,

The £10.00 late payment levied by Telewest is a penalty charge and is legally unenforceable. I am absolutely certain that they will not/cannot provide you with a breakdown of what the charge includes.This is unfair and unlawful and is not representative of the costs incurred by Telewest because your payment was late.There is even a question mark over the validity of the charge applied to non dd customers. You should claim compensation from them also, as they have been "unjustly enriched" by taking money from you that they were legally not entitled to! They would soon dispense with these charges if everyone who had had them applied to their account, claimed compensation from them as well as the original charge! That would put a sizeable dent in their profits!

I hope this is helpful, let me know if I can help you further.

Kind regards,

Samantha.

Dear Mumofthreeboys,

From what you have said, you did not receive the service/product they agreed to provide you with. They are therefore in breach of contract. You absolutely MUST go through all of your statements and work out the total you have paid to the company. They have to pay you compensation for their failure to provide the service you contracted for. A further aggravating factor in your favour is their rush to call in the heavies! So you are claiming back the monies you have paid to date, compensation for the breach and any harassment you suffer from the DCA, as they have been instructed on a false basis.

Incidentally, if they have put information on your account as a result of the problems you have had with them, stating you are a bad payer, for example or something else equally derogatory, you may have a further claim against them. The info they keep on you must be factually correct. If it isn't and there are comments on your account that have besmerched your character or they have reported inaccurate facts to a credit reference agency, you can report the matter to the Information Commissioner stating a breach of the DPA 1988.

I think I have addressed all the issues you have raised. If I've forgotten anything let me know and I'll do my best to help.

Best wishes,

Sam.

Yes Sam you are correct in what you say and the charges are CLEARLY unfair penalties.

On the odd occassion I have challenged them on the phone as to the validity of the late payment charge and on at least 2 of them have been refunded with it.

It seems if you challenge it they do refund.

Another thing they will say is that the late charge will be waived if you sign up to their dd scheme.

Quite clearly they are discriminating against customers who pay by DD and those who dont.

The 4.00 non dd admin charge is something I am expecting them to challenge this is a much lower penalty than any of the others so my guess is they have set this low in the knowledge that it may be challenged in a court.

Go get em Mum.

 

My DPA went off today to Telewest.

Been looking at regulatory bodies for telecoms it ised to be oftel but now its ofcom.

 

I worked out my charges last night and roughly they came to £88.

Which address did you send your DPA letter to?

Another thing they will say is that the late charge will be waived if you sign up to their dd scheme.

 

Martin

I am not with Telewest so do not know them, but if you signed up to pay by DD and the DD was bounced/rejected by your bank would they then apply the £10.00 late charge? even though you were on the DD scheme.

Just something to consider!!

Chris

Hiya Martin

I threatened to leave, i now have free tv basic package, half price broad band, no charges for DD, and half price line rental if i wanted to keep the phone.

There mark up is huge.

They wont let you go, i had 3 calls in my 1 month while my cancellation was running through, and it was only cancelling my phone.

Pull the plug.

I was suppossed to be cut of I think 7th April by a letter of cancellatin from me, my phone still works LOL, frrrrrreeeee callls.

Thier hopeless.

BL

Hiya Martin

I threatened to leave, i now have free tv basic package, half price broad band, no charges for DD, and half price line rental if i wanted to keep the phone.

 

There mark up is huge.

 

They wont let you go, i had 3 calls in my 1 month while my cancellation was running through, and it was only cancelling my phone.

 

Pull the plug.

 

I was suppossed to be cut of I think 7th April by a letter of cancellatin from me, my phone still works LOL, frrrrrreeeee callls.

 

Thier hopeless.

 

BL

Amazing stuff

Already sent off a DPA request to them,but obviously worth a try !!

I sent the request to their head office (address on phoner bill)Evolution House Sheffield.

hello,

Waiting for dpa request.

Have had an e mail and will post this in the correct thread !

Thank you for your e-mail dated 25 June 2006.

I refer to your further comments regarding reports to credit files, and

charges.

I apologise for any continued inconvenience caused.

You are, of course, free to seek external clarification regarding these

issues should you find it necessary to do so.

However, please rest assured that, as a large national organisation

Telewest Broadband does operate sizeable and competent legal

representation, both internal and external, and all aspects of our terms

and conditions are thoroughly checked to be complicit with all relevant

legal and regulatory requirements.

On this issue, I would also take this opportunity to draw your attention

to our 'Code of Practice', which is freely available at:

http://www.telewest.co.uk/documents/codeofpractice.pdf

Section 5.4 - Credit Policy states that "Customers are required to pay

their bills within 7 days of receipt. Where this doesn't happen then

ntl:Telewest may chase payment...We will follow this by debt recovery

procedures, which would include disclosure of relevant customer

information to the appropriate credit vetting agencies leading to a

possible bad credit history."

As you will note from the footnote 'Approval of this Code', this 'Code

of Practice has also been vetted and fully approved by OfCom.

With regard to the other issues you have highlighted, for your

convenience, the relevant sections of terms and conditions are as

follows:

Section 7 © regarding non Direct Debit administration fees:

"If you have chosen not to pay by Direct Debit, we will charge you a

monthly administration fee."

This fee is due to the fact that Direct Debit is the only method of

payment which does not involve human interaction, and hence create

additional administrative costs. Many companies operate similar systems

whereby they offer a 'Direct Debit discount' to customers paying by

Direct Debit. However, the net result is the same in that customers not

paying by Direct Debit will pay more.═

Telewest Broadband would prefer to be open and honest with our customers

by labelling this procedure on statements as the charge it clearly

represents.

Section 6, in regard of late payment.

"You must pay your bill within seven days of the date shown on that

bill. If you do not pay your bills on time, you will be liable to

interest or other charges..."

In regard of your DPA request for details of your account, this is

currently being processed. As advised in writing in our letter sent 15

June 2006, this process can take up to 40 days from receipt of your

request, on 6 June 2006.

If you have further queries regarding this matter or any other issue,

please use the link provided below:

http://www.telewest.co.uk/forms/customerserviceform.html

Please note if you reply directly to this e-mail your response will not

be received.

Yours sincerely

Ian Moore

E-Contact Team

Telewest Broadband

Obviously they are denying any penalty charges and are saying basically;

1.Their terms and conditions lay everything out.

2.Offtel are happy with the charges

3.They have a good legal section

4.Theres not much you can do about it.

I have again replied.

1.Their terms and conditions are what THEY make them and so are free to make them favourable to themselves.

2. Offtel may well agree with their charges but its not offtel i am complaining about.

3. The banks have good legal teams too......but its not stopped them having to change their charge structures

4. If they are not prepared to justify the charges by showing me a breakdown of how they set the figures then they cannot show me that the charges are just.

I have reminded them that I am considering doing the 200 word reply on my credit files against their entries.

I have said I will say that the payments were made late as the extra charges from the previous bills were being questioned/challenged

I have made it absolutely clear that I fully intend to pursue the legalities of the charges.

They will see I am serious once they finally get round to giving me the account details.

They dont frighten me and nor does NTL

Heres the latest reply from Customer care via web mail

Thank you for your e-mail dated 25 June 2006.

I refer to your further comments.

Should you wish to challenge the principle of either 'late payment

charges' or non Direct Debit administration fees' in court, I would

advise it may be advisable to consult with OfCom prior to doing so.

In my understanding, complainants would usually be expected to have

lodged any complaint with OfCom, as the industry regulator, prior to

instigating independent action.

Also, I have no doubt that OfCom can offer more in depth and pertinent

background and information on these issues, and the legality thereof

than I am personally able to provide.

In regard of any breakdown of figures in regard to costs of manual

intervention in processing non Direct Debit payments, I can confirm that

this is not available directly to customers, as some factors of this

information are commercially sensitive.═

Whether or not such information would be availalable to legal

proceedings is an issue upon which I do not consider myself to have the

requisite knowledge to comment.

However, I would suggest that in regard of non Direct Debit

administration fees, it is perhaps more pertinent to bear in mind that

these charges are advised to customers prior to connection, and

customers accept these within their terms of service.

Also, these charges are wholly optional, as it is entirely the customers

choice as to whether or not to make payment by Direct Debit, and hence

whether or not to accept such charges or avoid them.

If you have further queries regarding this matter or any other issue,

please use the link provided below:

http://www.telewest.co.uk/forms/customerserviceform.html

Please note if you reply directly to this e-mail your response will not

be received.

Yours sincerely

Ian Moore

E-Contact Team

Telewest Broadband

I have looked on the Ofcom site and they say I should first try the arbitration thing with the one appointed to Telewest.

Ofcom and telewest look to cosy together for my liking.

Some interesting points in the reply above particularly regarding the non dd admin charge............as one has a choice to use this or not then its my own fault if I end up having to pay it !!

EXACTLY the choice is a limited one ??

Why do I need to go to arbitration with me when they clearly are saying they wont budge on this and that they are doing everything in order (and as agreed by a body they are asking me to contact )

There is no requirement to liase with a banking ombudsman before legal action so why should Telewest be any different ?

They have already made their position extremely clear

In regard of any breakdown of figures in regard to costs of manual

intervention in processing non Direct Debit payments, I can confirm that

this is not available directly to customers, as some factors of this

information are commercially sensitive.═

Ha Ha...........I bet they are !!!

Probably too sensitive in showing that their charges are not in proportion to the manual intervention !

Probably too sensitive in showing that their charges are not in proportion to the manual intervention !

In which case, you could probably withhold the charge, fire off a letter telling them you're refusing to pay the charge as it is unlawful, and that this has been tested in court, hoping that will be enough to at least get a foot in the door to discuss the matter. That statement is open to interpretation, but if questioned, you know that people have been to court to get such charges cancelled and succeeded, so you could at least justify it (which is more than they can do for their late payment charge).

Yes this is exactly my point.

The main reason the banks are calling off their fight at the last moment is because they dont want to give this information.

If a case was centred around them being asked to make the information available and there is no willingness for them to do this,then I see a good case.

Its no secret that Telewest have been refunding back these charges periodically when challenged at individual bill payment stages.

They are also agreeing to do this IF the customer then subscribes to a dd mandate.

Showing clearly that they CAN absorbe these charges when they feel like doing so !!

"commercially sensitive"... the same answer the banks gave to a Commons Select Committe when asked for a breakdown of their charges... If that is not an admission, I don't know what is!!!!