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BT Penalty Charge for termination***WON***


PKea
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I have had problems paying my phone bill and just checked my new e-bill and it has the following item on it

 

Penalty charge for termination of BT OP2 for BT OP1 offer £217.32.

 

I'm guessing that they are trying to charge me for a years line rental here?

 

The only thing i can remenber is that i changed to sky broaddband from BT and they offered to reduce my line rental, so i let them. I had no details given to me about any penalty clauses or any limits, and i just thought it was a good will offer to stop me leaving them and using Sky instead.

 

There is no way i'm going to pay them this money.

I haven't spoke to them yet as i wanted to see if anybody had any thoughts and any info i should be telling them

 

Paul

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It does look as though in return for the reduced line deal, they instituted a minimum contract term. You should be able to challenge this if it was not brought to your attention. Since the deal was probably not in writing, ask BT to substantiate the minimum term was advised to you, either by a recording or transcript of the revised arrangement.

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Thanx Buzby.

 

Thought it would be something like that.

 

They just offered to reduce my line rental so i wouldnt go with Sky, no mention of contract or otherwise.

Broadband still went to Sky though, so maybe they are just pee'd off about that and thought they would try to get sopme pennies back this way.

 

I will call them tonight.

Could i also send a DAP SAR to ask for transcript of the call, if they give me crap on the phone - OR leave it to them to prove that they informed me?

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After being on hold for 15 mins, i lodged a complaint online.

I think i am the 2040th person to lodge a complaint today (based on their ref number)..no wonder i can't get though....lol

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Got a response to my email as below

 

Dear Mr PKea,

Thank you for your e-mail regarding your BT Together Option. Please accept my apologies for the delay in replying to you and for any inconvenience this may have caused.

On receipt of your e-mail I would firstly like to apologise for any confusion that we may have caused when you received your final bill and in regards to the charges that have appeared on it.

I understand that previously you where on an older unlimited call package with BT and that you changed over onto one of our special offers that would provide you with the same discounted rate in calls for a lower price than what you where paying. This was the BT Together Option 2 package for the price of BT Together Option One package with an eighteen month term on it.

The charge that has appeared on your final bill is for the remainder of the term that you have not used. Unfortunately we can not supply this service unless the term has been agreed to before ordering the service. I will not be able to refund this amount to you for this reason as the order advises that the term was agreed to before the package was ordered.

I understand that this may be disappointing for you and I am sorry if you feel this way however, this term was agreed to.

If you should have any further queries please do not hesitate to contact us again via e-mail.

Thank you for contacting BT.

Yours sincerely,

Charlene Conway

eContact Customer Service

 

 

My response to this is going to be as follows:

 

Dear Charlene Conway

As stated in my initial complaint i did not agree to any contract term and as requested please supply proof of this in either a transcript of the telephone call or the recording.

If you are unable to provide this proof please refund these charges

Please note that this account is IN DISPUTE until this matter has been resolved.

Yours Faithfully

Mr PKea

 

Does that sound OK?

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This is the latest response:

 

Dear Mr PKea

Thank you for your e-mail regarding the disputed charge. Please accept my apologies for the delay in replying to you and for any inconvenience this may have caused.

I would like to confirm that I have checked all our recordings on this date and unfortunately I am unable to find one for your account number. WhileI do not doubt the genuineness of this matter I would like to confirm that all BT advisor's are highly trained and when changing packages over for any of our BT customers we advise them of the terms and conditions for each individual package. If a package is ceased before the minimum term time is up there is a penalty charge. You would have been advised of this when you originally took up this offer on the 2nd of February. I am sorry to advise you that charges will be maintained.

Thank you for contacting BT.

Yours sincerely,

Marie Keenan

eContact Customer Service

 

SO no record eh?

I take it that its up to them to prove this now if they want me to pay?

Any thoughts of how my reply shoul dbe worded?

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:D You couldn't make this up could you?

 

Right. They cannot prove that the staff member warned of the minimum term. As you maintain no such warning was given, BT have no right to attempt to enforce a condition they cannot substantiate. Explain that you've have enough of their unprofessionalism, and look forward to an immediate re-crediting of your account, otherwise you will be forced to let a judge decide.

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My response

Marie Keenan eContact Customer Service Ref: 10xxxxxx

RE: Complaint xxxxxxxxxxxxxxxx (xxxxxxxxxxxxxxxx)

I am dissapointed with your reply as well as BT's unprofesionalism in this

matter. As you cannot prove that your advisor informed me of any minimum

terms I request that you credit my account immediately.

Until this has been done this account is still IN DISPUTE.

I have sought advice on this matter from Consumer Action Groups and I will vigorously defend any attempt to enforce a condition which you cannot substantiate. I will take this matter to the court and let a judge decide if necessary.

PKea

How would i go about taking this one to court?

or would i just wait until thet attempted to take me to court and countercalim?

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Is there any one that has the ability to ffer me a service without having to use a BT line.

 

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I no longer have any service with BT and i am just transferring to Post Office for my line rental

 

The Post Office don't have a phone network. Guess who's providing your telephone service to the PO at 'commercial rates' :D

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I know its wholesale rental to the Post Office from BT, but id' rather give them my tenner every month than BT.

The only reason i have a home line is for my broadband, so if you know any others that have cheap rental, let me know. I'm still within my 7 day cooling period from the PO so i can cancel this.

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Got a reply to my email (post#10) yesterday.

It said

 

Dear Mr PKea

Thank you for your e-mail dated 16/4/07 regarding the bill.

Please accept my apologies for the delay in replying to you and for any inconvenience this may have caused.

With regards to your e-mail, I am sorry to know that you are unhappy with the charges on the bill. I have forwarded this concern to the relevant department so that they will check all the records and to investigate it further. It will take few days to sort this matter.

In the meantime I would like to thank you in anticipation of your continued patience and cooperation.

If you should have any further queries please do not hesitate to contact us again via e-mail.

Thank you for contacting BT.

Yours sincerely,

Tanu Matta

Well i suppose ile just wait what they say next. I'm guessing that it will say the same as my other reply?

Its like going round in circles, you dont have one contact as each email i send goes to a different person.

How can they sort a problem properly if 3 (up to yet) have dealt (avoided) with my query.

 

Paul

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Oh well, its now been 2 weeks since BT said that they would respond in a few days.

This is my letter i will sending out to them, as well as involving OFCOM.

 

Dear Tanu

It has now been 2 weeks since your response stating that it will take you a few days to sort this matter.

In light of this, it only reinforces my original disappointment in BT's unprofessionalism.

As you still cannot prove that your advisor informed me of any minimum terms and that I believe that your non response is an attempt on your behalf to stop any further dealings with this matter, I request that you credit my account immediately.

I will now be forwarding all copies of correspondance regarding this matter to OFCOM for them to look into this matter as well.

As stated in all previous corrspondance this acount is STILL IN DISPUTE until this matter is resolved and I will vigorously defend any attempt to enforce a condition which you cannot substantiate.

I will take this matter to the court and let a judge decide if necessary.

PKea

If anyone has any advice in dealing with OFCOM that would be appreicated

Paul

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Forget OFCOM, they stopped dealing with consumers years ago. The only agency left is OTELO, and they're not much better, I'm afraid.

 

Hi Buzby, Thanks for that

I just had a look round OFCOMs site and it seems that they dont do much as you say.

 

It seems to me that a lot of the regulatory bodies dont Actually do anything to help the consumer anymore, thats my opinion though

 

Paul

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Absolutely, even those that do pretend to take an interest do so like treacle running uphill. In the past few years I've realised the only way to move things forward it to take direct action, either by confronting the firm to get the injustice resolved, and if that fails, raise a court action. It takes a few more letters, but it is FAR more satisfying getting a result!

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SAME BOAT!!!

 

Called today to cancel my line at my just vacated property and was told I owe 170 in cancellation fees.

Firstly, I knew I was moving out of that property in 6 months when I 'took out the new service' ie CHANGED MY ADDRESS, so there is no way on gods earth I would have agreed to a 18 month contract. I will watch this thread with interest.

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Did you sign up for any specific package, or just vanilla phone service? Don;t know if this is relevant, but if you are transferring service to a new location, they waive any cancellation fees.

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