Tiscali owe me money but are threatenting legal action ! Help !

scattycat69

I hope someone has an answer to what I can do to get these people off my back!
I switched from Tiscali to Talk Talk in November, effective 1st December. (funny really when Talk Talk have now taken them over!). They took payments by direct debit Nov, Dec, Jan and Feb to Tiscali even though my contract terminated with them from 1st December.

They say I owe £22 because I did not put my termination in writing, however I telephoned and they have since confirmed this is on their records. Talk talk advised they would sort everything and that I would not need to confirm in writing, but Tiscali have now sent two debt collectors letters asking for the £22.

Infact they have over charged by taking the direct debits for Dec, Jan & Feb.

What can I do to get these people to sort this out and pay the money back. Also I assume this may effect my credit report?

I am paying Talktalk as normal from December by direct debit.

Has anyone else had this problem?

Thanks in advance!

Heinz

It's unlikely that Tiscali are sending you letters. They have probably sold the debt to the debt collecting company - who make money by adding their 'charges' to the original amount..

macman

Why didn't you cancel the Tiscali DD after the last (correct) payment was taken in November/December?

scattycat69

Thanks for these two replies.
Why would there be a debt in the first place for a debt collection agency to 'buy), just because I advised by telephone and not in writing to transfer to Talktalk. Also Talktalk said they would arrange everything.
I do appreciate that I was lapse in not cancelling the dd after the last correct payment was taken. I just didn't envisage them to keep on taking it and only noticed when I finally looked at my bank statement in February.

Yes I know and I hold my hand up - I am one of those disorganised people who don't check their statement on a regular basis, only to find things have gone amiss !

p.s. This is a post for my friend who is posting on my user profile. I have told her she is useless!:rotfl:

JohalaReewi

Why should Talk Talk sort out Tiscali for you? If you have (hopefully in writing or email) confirmation from Tiscali that the contract was terminated, 'bring em on'! The debt collectors are just bully boys who like to scare people into paying up. If you pop over the the debt free forum, they will have sample letters you can send to shut them up. Always deal with these guys in writing so you have a record.

With regard to the DDs and getting your money back. You could ring your BANK and request a full and immediate refund of the erroneous DDs under the Direct Debit Guarantee Scheme. The BANK will probably like to make this difficult for you but stick to your guns. You want a full and immediate refund under the Direct Debit Guarantee scheme (don't be fobbed off with an Indemnity claim - this is not the same thing).

damienuk

Yes, I was going to mention DD guarantee - would suggest giving that a try, and likewise being ready to fight a bit with the bank.

However, regarding TalkTalk cancelling the old one for you and you not needing to do anything, that is exactly what I was told when (nearly) sold a TalkTalk connection a few months ago. Therefore I expect this is what was told during the signup process, and hence it may be worth:
a) contacting TalkTalk to discuss the issue of Tiscali saying it wasn't cancelled
b) if they say they don't cancel it, complain to (who?) regarding mis-selling??

Not entirely sure what happened here, but I'm assuming that the connection was migrated via MAC code (rather than cease and re-provide)? If it was migrated this way then the contract is effectively terminated by processing that MAC - Tiscali are notified as part of that process, and their wholesale charges for the 'tail' (i.e. your particular line) are ceased.

Therefore for Tiscali to claim service fees for the disputed period, they should need to have provided the service in question (which they cannot, since your line can only be connected to one broadband service at once). As such, as you already know, they're talking out of...

So my other recommendation would be to write a letter (sent recorded) to Tiscali regarding the incorrectly debited fees after the cancellation which they already have on file, as well as the processed MAC (which confirms the effective termination date) - and ask them for a refund as well as compensation for the your time spent dealing with it (remember, you are allowed to charge for your time, and this ought to be awarded in case the issue is handled via court case).

You may also refer them to the recent case where a utility company incorrectly harassed some guy for payment after repeated letters etc. and was sued for compensation...

After you receive their reply, (or no reply within a reasonable time) you may consider submitting a claim against them via money claim online - assuming the resolution remains unsatisfactory.

scattycat69

Hi
Just an update and a thank you to all the replies.

My friend did as you advised and requested the dd's from the bank and ..... she got them!

And she wrote to Tiscali recorded and advised of their error. They have charged her for part of the change over, but at least she now has a clear account with them (having paid the small charge !)

Thanks again