Charging company for your time due to their mistake

Viks

I want to charge BT for the time I have spent rectifying a mistake they made when I was not even their customer. They took money after confirming they would not for a product that was cancelled and then said I was in an 18 month contract. After a number of discussions and phoning around my current phone provider BT final offered to refund the money. The only problem is I have spent 4hours + on this plus the costs to call Sky to establish what had happened which as you know is not a cheap call.

I read somewhere but cannot find it now that consumers can charge £x/hr under a particular act. Does anybody know what this is and how much it is?

Thanks

Jemma-T

You could send them a bill, then a reminder and another and then take them to court. You'd better not waste the court's time or you might get a bit of a fright.

If you have lots and lots of free time, great notes of the conversations, copies of all document and want to spend another chunk of your life fightning then go ahead.

Viks

There are still on going issues whereby they need to refund the money they have taken.

I have found that the FSA have the following policy:

"In awarding compensation, we sometimes make allowance for the time the consumer needed to spend to put things right – though not usually for the consumer’s time in dealing with us.

This will normally be at a modest rate (around £50 to £100 a day, and not more than £10 per hour). However, a higher amount may be appropriate in the case of business complaints – but not usually as much as the business’s charge-out rate."

Source: The Distress & Inconvenience Guidelines from the Ombudsman

Is this applicable to BT by OFTel or any other law at all as they are not FSA regulated.

Thanks

Buzby

No - it's not applicable. If it were I could give up the day job and be a (paid) professional complainer.

You cannot arbitrarily set your tariff and bill them for their incompetence, expecing your bill to be treated as validly as theirs. The amount(s) needs to be AGREED by both parties prior to any imposition, and you can be assured they will not.

So it's a non-starter, unfortunately.

Stonk

Buzby wrote: »

No - it's not applicable. If it were I could give up the day job and be a (paid) professional complainer.

You cannot arbitrarily set your tariff and bill them for their incompetence, expecing your bill to be treated as validly as theirs. The amount(s) needs to be AGREED by both parties prior to any imposition, and you can be assured they will not.

So it's a non-starter, unfortunately.

That makes it especially annoying that BT charge £100+ call-out and £99/hour labour to repair the line to your house if you damage it. Fair enough, you should pay if you damage it, but since BT are the only people who can fix it, isn't that equally as much an imposed charge?

Viks

I am waiting for them to return the money they took without permission. They advise "cheque is in the post" - would I get away with saying that?

Also, with regards to agreeing costs before hand, it was never a foreseeable event and therefore could not have been agreed. My fustration now is that I have to wait for them to refund the installation charge and quarters line rental and I also have to pay for the bank charges incurred.

Whilst the money is still in their pocket I am paying interest on my overdraft.

Is there seriously nothing that can be done to reclaim the costs I have incurred due to their mistake. I would confirm that BT on 2 separate occasions, and they verify this, said that I did not have an account with them and that they could not find any details for me on file.

Buzby

Stonk wrote: »

, but since BT are the only people who can fix it, isn't that equally as much an imposed charge?

Yes and no - however, they DO tell you what the cost is and if the fault is of your own making (ir after the Master Socket) then such a charge is justified. If it is on the network side, then it isn't.

The point is - they don't make up the cost of each visit arbitrarily - and you either agree to it and get the line working, or you don't. That choice always remains.

The prospect of anyone coming up with an arbitrary figure and telling BT they need to pay it because of some incompetence is a non-starter, as they would have had to have agreed to the charge first.

Buzby

Viks wrote: »

I am waiting for them to return the money, they took without permission. They advise "cheque is in the post" - would I get away with saying that?

Playing Devli's advocate - if you gave them a DDM, then it was;t without your permission. YOu have to take responsibility for your actions, if you are happy and giving some faceless company access to your bank account, that's your look out. I don't. It may cost me more, but at least I don't have to stand over every bank statement with a shotgun and a magnifying glass in case I'm ripped off due to an 'error'. Life it too short.

Viks wrote: »

Also, with regards to agreeing costs before hand, it was never a foreseeable event and therefore could not have been agreed. My frustration now is that I have to wait for them to refund the installation charge and quarters line rental and I also have to pay for the bank charges incurred.

All potential customers are told there is an Installation charge, and the maximum figure will be £125. If less work is required, then the charge is reduced. How you managed to expect the installation to be 'free' when anything could have happened possibly requiring a new drop-wire beats me.

Viks wrote: »

Whilst the money is still in their pocket I am paying interest on my overdraft.

What about their overdraft when customers don't pay their bills on time? Since I'm assuming you don't give a hoot about there exposure, why do you think they should care about yours?

Viks wrote: »

Is there seriously nothing that can be done to reclaim the costs I have incurred due to their mistake. I would confirm that BT on 2 separate occasions, and they verify this, said that I did not have an account with them and that they could not find any details for me on file.

Incompetence is allowed - and only 'goodwill' gestures if the decide to give one, will be the way forward. As times become harder, the gestures become few and far between. Of course, I can understand why all the warm and fluffy talk of the 'DD Guarantee' by the banks lulls you into a sense of false security - but do remember this;

Even if BT hold a valid DD and due to a glitch, don't take the money - YOU still remain responsible to pay even though it was their fault. Faced with this, I expend a little bit of responsibility and I decide whether the bill is correct, and if it is, I pay it.

Expecting to lay the blame off onto another party to doesn't really care in the slightest should sound the warning bells. It did for me.

Viks

Thanks for your reply.

I understand you are playing "devils advocate". Here's my reply as I feel you have misunderstood some of my points.

1. I contacted BT to cancel this but they had no evidence I had even signed up - on 2 occassions. I signed up to a direct debit as it was cheaper. Giving them my debit card details over the phone is possibly not more safer than a DD anyway.

2. I am not querying the charge - I knew there might be this charge and I have paid this to Sky for installing the phone line

3. The overdraft of BT? The thing they charge £50 for if you are late on payments? I dont think their bank charges equate to £50 per customer for their overdraft. We all know how much banks charge consumers - and now I have to go appeal this but the case is on hold so another few years ill have to wait for that money if ever.

4. I would argue this is not an issue of the Direct Debit Guarantee. My concern is if you call up to cancel and you get told "Sorry we have no records of you ever signing up" - this was 10 days after the initial signup, what more can they expect me to do? If BT can tell me twice we are not charging you for anything then surely it was not human error. Furthermore I had to argue my way out of the 18month contract which they still insisted I was in even though the evidence I had suggested otherwise.

Mark_In_Hampshire

I suspect you will get nowhere with your claim.

You do not need to wait for a refund. Ring the Bank and have them void the direct debit and put the money back in your bank account. Then write to the Bank and say very clearly that under no circumstances is the mandate to be created again.

Be thankful that you have had a lucky escape.

Viks

I assume you have heard of worse?

Can the bank reverse the direct debit? I will call them to action this for me.

Thanks