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    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 162 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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I'll try to keep this brief. We moved in September and had our Sky + box and 2 other boxes re-installed by an engineer. They weren't all connected to the phone lines at the time, just the Sky + box. We received a letter about 2 months later to say that they hadn't had a callback from the boxes and if this situation continued we would be charged the full subscription charge for each box. So far, so fair enough. I followed the instructions on the letter to get the boxes talking to Sky, but it didn't work so I rang their technical help. Their systems were down, they took my name and number and said they would ring me when the system came back up. This callback didn't happen.

 

I then rang them back about a week later and after a lot of back and forth, finally got the boxes to successfully callback. Issue sorted? Apparently not.

 

I was able to pay the £75 I usually pay in December and my viewing was re-instated. I then received a bill for over £130 in January. I rang customer services and asked what the extra charges were for. I was informed that I was being charged for 4 months worth of unsuccessful callbacks! This was the first time I was informed that I would be charged for these. I pay my bills monthly by debit card, so I receive a bill every month. No bill had included a charge for a failed callback, until the bill I received in January.

 

I have refused to pay this and have been told that I have to write a letter, which I have done and sent by registered mail.

 

In the meantime I can't watch any Sky channels, which I gather from another thread on this site is in their T & C's and I won't get any reduction for this, even though I have, I feel, a valid reason for not paying my bill.

 

Can anyone let me know if they have experienced charges for failed callbacks? And any advise on how to ensure I don't have to pay these, I feel, completely erroneous charges.

 

Thank you!

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Yes - ande the application of these is automatic, but they can be challenged. They require BOTH boxes to call out using the same phone number (to prove they are at the same location). I have a small switching system and 3 lines, so the boxes could call out from any of the lines. I then get hit with the bill, not because they didn't make the callback, but because the numbers were different!

 

I shouted long and hard and got a credit, but it was easier to program the box to use the same line number, which was what I did in the end. You don;t say why the callvacks weren't being made - they do hold off billing until they are certain no callback exists, which is why it waited 4 months, then back-billed. If it received a callback in month 3, the charge wouldn;t have been applied.

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Thanks for this, although it isn't really what I wanted to hear! I don't know why they callbacks weren't being made, something to do with the number pre-fix in the settings. Apparently it was showing at their end that the number was withheld. My real issue is that I wasn't told I would be charged for the failed callbacks, only that I would be charged full subscription if they didn't get a callback. I'm not being charged for the subscriptions....how can they back charge me without warning me it would happen?

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Now, if the engineer set up the boxes incorrectly (and they were indeed making the callbacks to the Freefone number) challenge them. There has never been an issue with Sky about people with lines that withhold their number when calling - as Sky actually get the number anyway.

 

You've got their 'Multiroom' product, and theres is a particular set of caveats that apply with regard to getting the discount, and they are quite tightly defined. You have to have an analogue phone line, not digital (for example), however I think it still worth complaining that there's no mention of having to send your number, only a 'callback' so if it calls back, you've completed your side of the deal!

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Thanks for this, as I was writing my previous reply that thought did cross my mind! Do you know where I could find their T & C's regarding the TV service on-line? The only ones I can find are for the website. Also, is it legal for them to charge me for something without warning me that it would happen? I understand about the threatened subscription charges, but no mention was made of charges for failed callbacks until they were retrospectively added to my last bill...

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Have a look at their T&C's (dated 19/01/09);

 

Sky.com - Sky Products>Sky TV>Sky Multiroom

 

Now, unless the terms you signed up to were markedly different (unlikely) you have a get-out. Look carefully at what they ask. If you can state your boxes WERE connected to the same telephone line, they cannot add these charges simply because your line didn't present a CLI.

 

:)

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Juat to confirm there is no way they backdated 4 months of charges.

 

they would only charge for that month so you have been charged full price for 3 boxes for that one month.

 

Also when you take multiroom the send out complete t and c's with the viewing cards

 

 

ida x

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  • 4 weeks later...

Thanks Raymond-The spammer has been banned previously.

Obviously they have somehow managed to bypass the filters-but this will be sorted.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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