Time to sue BT

[Its WAR]

On behalf of my uncle who has moved into a care home. 

 

In 2007 he was sold BT Total Broadband, a  superfast fibre  broadband for £47 along other phone rental and call plans totaling £87 a month. He was on an unlimited call plan for £35 a month despite only making a handful of calls per month

 

He said  hadn't gone online for years. 

 

I phoned to change the contract and cancel the broadband. I asked them about why he had such an expensive product that was not being used, and when the last time was that he used broadband.

I was told that it had not been used at all in the past 12 months and that  records did not go back far enough to show the last time. Since it's inception the contract had sat un-revised as an old and obsolete product charging him expensive rates despite new plans offering alternative services at far lower bundled prices. My uncle being too old or unable to grasp the implications the direct debit just auto renewing a product he wasn't using.

 

I have spent the past year getting a DSAR and trying to commence a  dialogue with BT to see how they suggest a resolution. None of my letters have led to any dialogue.

I am now wanting to issue a summons for the cost of the broadband and the costs of not being switched to lower packaged prices (particularly as the telephone conversation suggests the account had become obsolete).

I am not at all certain I have any legal grounds for making a claim other than how unfairly he has been treated and BT will of course say (as will probably many CAG members) it was his fault for not switching to a more appropriate package or will continue to ignore my letters.

 

Any suggestions how to proceed (or not)?  Whether I forget the summons and go to Ofcom. Is there a way to value the loss more accurately? Is there a better solution?

[BankFodder]

Have you actually sent them an SAR? It should be sent in his name. If you want to bring an action in his name then you will need a power of attorney unless he can actually sign/approve what you are doing

[unclebulgaria67]

Not sure  on the legal basis to issue the claim.  They provided a packaged service and surely it is up to customer to cancel, if they were not using some parts of the service.

 

What is worth looking into, is whether BT have a vulnerable customer charter or similar commitment, where they offer an enhanced service to people, to ensure that this type of situation does not happen. And if it does happen that there is a process for obtaining a refund.  

[Its WAR]

Yes BF, I have had the SAR returned and recordings of my calls to them. And  hold a POA. 

Thx UB. My thoughts too. Good idea about a possible charter, I will look into it.

[45002]

Are you suing BT or Sky or both, reading your previous thread ?

 

Is it the same uncle.

 

 

Edited June 22, 2021 by 45002

[Its WAR]

I would like to sue both. The points of claim are very similar. Yes for the same uncle. Sadly he is/was so susceptible to be taken advantage of. Now he is in a care home for end of life care.

[FruitSalad1010]

Without wishing for any divulgence of any personal family affairs, I would have thought that if it could be firmly established that your Uncle was perhaps not of entirely sound mind during the tenure of the contracts then he could not reasonably be expected to report on any issues with the services being provided or cancel a renewing contract if the services are no longer required/in use.

Personally if I were persuing such action I would explore arguing that the contract was frustrated as a result of any unfortunate debilitations.