BT Contract cancelled before a year was completed

[Consett26]

I signed up with BT for phone line & broadband when I moved into a flat.

At the time I was told that the line rental was for a year but that the broadband could be cancelled at any time.

I paid the years line rental up front. Six months later I moved out of the flat

 

 

shortly after that, I received an email from BT telling me that, unless I objected, they were going to transfer the supply to someone else.

Because I didn't object I didn't reply and I heard nothing else from BT.

 

SRJ have recently contacted me saying that I owe £208.01.

This comprises £44 for an unpaid bill, £49 for BT Home Hub 3.0, £47.19 Broadband and calls and £30.00.

The last 3 of these are because they claim I cancelled the contract mid-term.

(There's also a refund of £3.78 for broadband and calls and SRJ's fee)

 

I'm trying to get them to send me a full statement of account but have had no success so far.

My view is that none of the three cancellation charges are payable because they all relate to the broadband

that they told me that I could cancel at any time without penalty.

 

 

I'm currently arguing that point with them but the advice I would like is this:

The charges all strike me as damages for breach of contract.

If so BT have a duty to mitigate their losses, which would be the amount that whoever took over the line has paid them.

Am I right?

 

Secondly, I paid the line rental for the whole year.

Shouldn't the amount that covers the period after the line was taken over be deducted from the balance?

 

Thirdly, is the fact that BT cancelled the contract rather than me significant (I suspect not)

 

Thanks in advance

[dx100uk]

srj are chancers in fleecing people

 

is your credit file clean?

 

dx

[Consett26]

As far as I'm aware. Do you think I should check?

[fkofilee]

I would check with Noddle ☺

[dx100uk]

then you need to get it sorted if it is and shows a default!!

 

dx

[Consett26]

There's no default (and my credit score is quite good) but I'm not convinced that its accurate.

There's no mention of either my credit card or my current phone/broadband supplier Plusnet.

 

 

There's also no mention of BT under closed accounts.

(I would expect there to be because I had an undisputed account with them at my current address prior to Plusnet).

There is however an account with Vodafone that I don't have but which is up to date

[2Grumpy]

Normally when you move out of a flat before the minimum term is up, they cancel the remainder.

 

Did you tell them that you were moving out? Did you take BT at your next place? If so then I can't see their problem.

 

Since you paid the year in advance, that's it, apart from calls.

 

If they emailed you about your broadband, they knew how to contact you about the unpaid calls. Did they? If not, they should have done ...

[Lee Vodafone Company Rep]

...There is however an account with Vodafone that I don't have but which is up to date

 

Hi Consett26,

 

If you'd like me to get this looked into, email me with your details via the Contact us form here and quote the code WRT135 - CAG Forum in the subject line.

 

Once sent, you'll receive an automated reply with a reference number. Post back with this and I’ll check I've received it.

 

Kind regards,

 

Lee

 

Social Media Comms

 

Vodafone UK

[Consett26]

Normally when you move out of a flat before the minimum term is up, they cancel the remainder.

 

Did you tell them that you were moving out? Did you take BT at your next place? If so then I can't see their problem.

 

Since you paid the year in advance, that's it, apart from calls.

 

If they emailed you about your broadband, they knew how to contact you about the unpaid calls. Did they? If not, they should have done ...

The flat was a place to stay while I was working away from home. At home all my telephony is provided by Plusnet. The only contact I've had from BT via email is the one where they said they were going to give the services to someone else unless I objected

[Consett26]

Hi Consett26,

Once sent, you'll receive an automated reply with a reference number. Post back with this and I’ll check I've received it.

 

Kind regards,

 

Lee

 

Social Media Comms

 

Vodafone UK

 

Thanks Lee. The reference is 7183820

[Lee Vodafone Company Rep]

Hi Consett26,

 

Thanks for coming back to me.

 

I've got your email and will get back to you as soon as I can.

 

Kind regards,

 

Lee

 

Social Media Comms

 

Vodafone UK

[Consett26]

I wrote to them disputing the charges relating to early termination of the broadband on the basis that it was agreed that it was cancellable at any time.

I also asked again for a full statement of account and a recording of the call when I agreed to the contract.

 

I've now had their reply, which includes neither the statement of account nor the recording and only says this:

We provided details of your dispute to our client and have now received a

response from them which indicates that the debt details are correct.

 

 

We would very much like to discuss this matter with you further. Please can you telephone us,

within the next 7 days, on 0845

 

Obviously I'm not going to telephone them and I think I'll write to them again insisting that they supply the statement and recording to substantiate the debt.

[Consett26]

In the end I ignored them and it went away. Today I had a text from CCS, which referred me to a letter on their website that tries to recover the same "debt" from me.

 

Is there anything I can do to get BT to engage with me and not just keep referring it to different debt collection agencies?

 

For now I’ve drafted the following response for CCS:

 

I have on numerous occasions in the past denied liability to BT for the amount that you claim and enclose copies of previous correspondence about the matter. You will see from the enclosures that the debt is clearly in dispute and no meaningful attempt has been made by either BT or their agents to investigate it.

 

Please be aware that I am familiar with the Consumer Credit sourcebook of the Financial Conduct Authority (FCA) which states the following rules.

 

"A firm must not ignore or disregard a customer's claim that a debt has been settled or is disputed and must not continue to make demands for payment without providing clear justification and/or evidence as to why the customer's claim is not valid." (rule 7.5.3)

 

"A firm must suspend any steps it takes or its agent takes in the recovery of a debt from a customer where the customer disputes the debt on valid grounds or what may be valid grounds." (rule 7.14.1)

 

"Where a customer disputes a debt on valid grounds or what may be valid grounds, the firm must investigate the dispute and provide details of the debt to the customer in a timely manner." (rule 7.14.3)

 

In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore, ignoring and/or disregarding claims that the debt is disputed and continuing to make unjustified demands for payment would amount to physical/psychological harassment.

 

Please refer the matter back to BT so that they can provide the requested documentation to substantiate their claim.

Perhaps I should be a bit more assertive with BT directly? It's ultimately BT that's doing the harassing rather than their agents

[obiter dictum]

With BT you need to check with Equifax. My BT conduct record is on their but not Experian or Noddle

[dx100uk]

is your credit file clean of this debt?

dx

[Consett26]

Yep

[dx100uk]

then pers I'd ignore them.

you don't need to start unnecessary letter tennis.

 

 

dx

[Consett26]

From an immediate credit perspective I agree, but if I ignore the various DCAs and BT then decide to write the "debt" off,

isn't there a risk that they'll mess my credit file up at that point?

 

 

If so its surely better to try and get it resolved now.

 

 

Besides, I'd like it sorted out just for my own peace of mind and its getting annoying that BT just keep farming it out to different DCAs

rather than addressing the concerns that I've raised

[obiter dictum]

I would do an Equifax check myself to see if this account is listed

[dx100uk]

ceo bt then

or the regulator

 

 

why pussy futt with stupid powerless DCA's

 

 

dx

[obiter dictum]

When i had issues with BT the forum gave me the directors department . I believe it was Ian Livingston at the time

 

Within in two days his department phoned me back and all resolved within 48 hours

[Consett26]

I would do an Equifax check myself to see if this account is listed

It is. It shows as settled three months after I moved out

[obiter dictum]

Settled or sold to a DCA

 

Look at the bottom of the payment history on Equifax

 

Does it say "Debt Assigned"

 

If not then i would be contacting the CEO of British Telecom, i am sure a poster will have an up to date email address

[Consett26]

Definitely settled

 

[ATTACH]58553[/ATTACH]

[dx100uk]

the account is settled end of

if the letters all say BT our client.

then its not been sold on as theres no debt

and its simply a database error on delinquent files.

 

 

have bt actually confirmed to you in writing the account is settled?

 

 

and you owe nowt?

 

 

dx