Advantis harrassing my mother - help!

[MillyJ]

My elderly mother has received a letter and a phone call (a recorded message) from a company called Advantis saying that she owes £36 to AOL. My mother has never been in debt before and it has really shaken her up, so much so she can't sleep. Having checked her paperwork for a recap, AOL took a payment from her account on 20 Aug and on 21 Aug, her broadband was taken over by BT. She contacted AOL prior to the changeover date (as advised by me) to ask for the MAC code and inform them that she was cancelling her account. She called them again after BT took over because she wasn't happy they'd taken a months payment out of her account the day before her changeover. She asked for this back, which they agreed to do, but she never received it. She decided to let it pass and accept the fact that she'd paid a months fee for the sake of 1 day. (Note: she was past her 12 month contract period). She has no idea why this company are threatening legal action. She owes AOL nothing and has her telephone bills to prove that she called them before and after her changeover to BT.

Can anyone advise me on what she should do. She's not a well lady and this is making her worse.

Thanks

[babybear39]

Make complaints to TS, OFT and your MP.

 

Request a final bill from AOHell and present the DCA with a copy of your mum's bank statements showing the payment!

[mr.ton]

Firstly...try to make your mother relax & ensure her that Advantis have no legal powers to do anything whatsoever other than send threatograms out.

If she has the proof of everything & is adamant that nothing is owed, then simply report Advantis to the OFT & trading standards.

Under no circumstances must she speak to them on the phone (for her own sake/health etc..)

[MillyJ]

Thanks. I have tried to reassure her myself, but maybe reading your comments and advice will make her feel a little better. Yes, she has all the evidence regarding payments etc, so I don't think they have a leg to stand on really.

[babybear39]

Good luck and best wishes to you and your mum Milly

[MillyJ]

Thanks

[MillyJ]

Hi again.

I have sent a 'prove it' letter to Advantis which they will probably get today. Unfortunately though, my mother received a telephone call from them this morning and answered as she did not recognise the number. They asked if she was Mrs ? - she said yes. They then asked her to confirm her address. She slammed the phone down on them then phoned me up in floods of tears.

Today, I am writing to Aol demanding an explanation for this debt. Should I advise them exactly what evidence I have to say my mother owes them nothing, or should I just ask for their explanation?

Thanks

[babybear39]

Send this to advantis:

 

 

- HARASSMENT WARNING -

WARNING; PROTECTION FROM HARASSMENT ACT 1997;

WARNING; COMMUNICATIONS ACT 2003. s127.

 

Telephone Number: {Your Telephone Number}

Re: Harassment by telephone

 

Dear Sir/Madam.

 

I am writing in relation to telephone calls that I have received from your organisation, which I deem to be personally harassing. I have verbally requested that these calls stop, but I am still receiving call. I now require the telephone number listed above to be completely removed from your systems.

 

I am in the view that your continued telephone calls put you in breach of the Protection of Harassment Act 1997.

 

This is a private telephone line, operated on a contract with the intention of receiving and making personal phone calls, I have not authorised any other member of my family to receive calls from your organisation using this PRIVATE TELEPHONE LINE.

 

By using this telephone number without my permission you are interferring with my ability to use my own private property for the duration of any call.

 

It is my right to require that this telephone line, which is licenced solely to myself, is kept clear for my own personal calls.

 

It is consquently my view that you are commiting the tort of interference with contract insofar as for the duration of each call you make to me without my permission, you are interfering with my contractual right to receive and make personal calls on my private telephone line.

 

Continued interference with my contractual rights in this manner may result in legal action.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to the Office of Communications, Trading Standards and the Office of Fair Trading, meaning that you may be liable for a substantial fine.

 

Be advised that all telephone calls from your company will be recorded.

 

 

Yours faithfully,

 

Amend to suit, send recorded and also send a short letter with the proof of payment.

[MillyJ]

Brilliant! Thanks

[MillyJ]

I sent the harrassment letter on Monday, but I'm not sure they've got it yet as they phoned my mother again at 8:15am this morning! Then, in this mornings post she gets another letter saying she owes Aol £xx's and if she believes she does not, can she provide proof of her cancellation with Aol. She actually cancelled with Aol over the phone and the only email she had from them was the one with the MAC code which has been deleted by Aol as they only stay in your folder for a short time. The only proof she has is her phone bill - which proves she phoned them before and after her transfer to BT.

They have also asked for proof of when BT took over her broadband - which she has (the day after her last payment to aol!).

Do we send the info they require, or stick to our guns that she owes nothing and wait for them to take her to Court?

Any advice would be appreciated.

Thanks

Milly

[babybear39]

Send them the proof and tell them to foxtrot oscar

[MillyJ]

Lol!... I can't wait to! These low lifes need a few slaps back in my opinion, and so do Aol. Is it worthwhile reporting them to OFT?

[babybear39]

YES!!! Report to anyone and everyone

[MillyJ]

Right... I'm off to type some letters! Thanks for your help - very much appreciated

[MillyJ]

Just an update. My mother got a call from Aol this morning... apologising for their error! Apparently, looking at the dates etc, they charged her again the month after her cancellation so they in fact owe HER money! They say they are going to call back next week to arrange a refund. We'll see what happens...

[sillygirl1]

Tell them that she needs more than just a refund for their harrassment of her... how about £10 per phone call and £10 per letter to start.

[MillyJ]

Yes, plus some compensation for the stress they've caused her - good thinking, might try it.