Tiscali Sold On My Account

prc01

I recently received two letters from SRJ Debt recovery.

The first asking me to confirm that I had moved address. I ignored this as I thought it was a scam because it lacked any detail.

The second saying I had a debt to settle with Tiscali and that they would begin legal proceedings. The letter does not state how much I supposedly owe.

I moved address over 3 years. At the old address, we had a tiscali landline and internet package.

When we moved address, I spent several hours on the phone trying to cancel the account. Getting transferred between departments, waiting on hold. The usual Tiscali service that we have all come to despise and hate them for.

Anyway, I managed to speak to someone who said that yes, they would cancel the account.

Some months later, I notice that Tiscali was still taking money from my account.

I rang Tiscali again to please explain. Tiscali said that I had not cancelled the account and that I something had been missed when I last rang to cancel the account. I said that was not my problem and that since I had requested the account to be cancelled previously that was enough.

To be sure, I contacted my bank and requested the Direct Debit be cancelled. I explained that Tiscali had not cancelled my account as requested and that they had kept charging when they should not have been.

Several months later, I received a call from a debt collection agency, asking about this account. When I explained as per above. They said that was fine and that they understood the issue and that there was nothing more to do.

This is all 3 years ago, now I get this random letter from SRJ.

Really - this is a joke!!! Why should I have to waste my time with these jokers who are trying to exploit me and loopholes in the law.

But seriously, any advice on courses of action?

I really believe that I have been reasonable and I have done nothing wrong.

PNPSUKNET

you need to put it in writting to their complaints dept, dont call

JamieT1977

As mentioned write do not call.

I suggest you take the CCA request route, evidence suggests they will not be able to provide it.

I have had dealings with SRJ about an internet connection at an old address, I wrote asking if they had proof I was indeed the person who was liable for the debt. Seeing as they had no proof and had chased my new address by using illegal methods they soon shut up and wrote of the debt.

prc01

Thanks Jamie.

When you say, "their" complaints department? Do you mean Tiscali or SRJ?

Would you mind explaining the CCA request route a little more. What is CCA?

JamieT1977

Complain to SRJ (you can send a copy to Tiscali as well). The fact SRJ are using unfair business practises, reflects on Tiscali as SRJ are their agents.

Not sure if a actual CCA (consumer credit agreement) would exist for a internet service. But regardless of that they need to prove you are the debtor, it is for them to proof you are the person who owes it not for you to proof you are not at this stage.

Do you know how SRJ got your new address?

DarkConvict

CCA doesn't apply to internet (ISP,Phoneline, mobile), they are service agreements, not credit.

Send SJR the prove it letter. - http://forums.moneysavingexpert.com/showpost.html?p=11570893&postcount=2

Sadly the mistake you have made is two fold, you should after the first time you found out they failed to cancel is to have ensured 100% and got written confirmation it was cancelled.
2nd mistake was cancelling the DD, by doing this you didn't know the account was still open or not. Unfortunately, asking them to cancel and not checking it was done already knowing they failed previously, is still like digging ones head in the sand and hoping for the best.

It is upto them to prove the debt exists not you to prove it doesnt, wait for there response.

If it goes to court you need to bring written prove to the court the account was closed. Even if that means you right now writing/emailing tiscali for proof on the account status.

JamieT1977

DarkConvict wrote: »

CCA doesn't apply to internet (ISP,Phoneline, mobile), they are service agreements, not credit.

Like I thought

Send SJR the prove it letter. - http://forums.moneysavingexpert.com/showpost.html?p=11570893&postcount=2

That's the template I was thinking of

expectingstandards

Hi There Folks,

My advice based on my knowledge and experience of SRJ...

Write to SRJ with a formal written complaint (sent registered post) but it is important you put a copy in to their "client". So if they're collecting on behalf of Talk Talk, write to Talk Talk.

This is what I did and Talk Talk have taken the debt off SRJ and brought it back in-house to deal with. You will get a lot further forward doing this. Here's the text of the letter that I sent to Talk Talk. Within a short time of receiving it, they'd pulled my account off SRJ and brought it back in-house. You should then get rid of the stress of what seems to be unfair practices by SRJ and their client should be much easier to deal with.

I wrote a complaint to SRJ using the template that is around on here and sent a copy to Talk Talk with the following cover letter...

________________________________________________________


Please find enclosed a copy of a letter sent to SRJ Debt Recoveries, who Tiscali (Talk Talk) has a vendor relationship with. The attached letter constitutes a formal complaint against SRJ Debt Recoveries detailing my reasons for bringing into question their compliance with the Office of Fair Trading guidelines.
I would assume that you are keen to monitor the services provided by your vendors. I would expect that you are also keen to ensure that those working in association with the Talk Talk and Tiscali brands conduct their business in a manner congruent with the reputation you wish to have in the public eye.
With this assumption in mind, I encourage your vendor management team to work closely with SRJ Debt Recoveries, following the resolution of the attached complaint and where necessary reviewing the recordings of calls that have taken place between myself and SRJ Debt Recoveries.
Whilst I await for the response from SRJ Debt Recoveries, I should also like to point out that I intend to raise a formal complaint with Tiscali and Talk Talk. Therefore, in response to this letter, I expect you to provide me with the contact details and address for whom I should send this forthcoming formal complaint correspondence to.
I also request that you advise me of the address, associated fees and methods of payment you require to apply to your Data Controller to access data to which I am entitled to as a data subject under the Data Protection Act
I look forward to your prompt response.

niccatw

Arghhh! I completely sympathise! I went through the exact same thing trying to cancel Tiscali! I had to write and call so many times and pointed out they now owed me in the region of £100 for taking my direct debit but not providing an internet service.

Did you get a MAC code when you transferred services or was that not relevant as you had moved? That's what I used as "proof" when dealing with Tiscali. It didn't get to DCA level (yet! I hope I didn't throw out the paper work though as it souns as though it might still come back to bite me!!!)

expectingstandards

Hi There,

It's like therapy these pages aren't they! Calm everyone! Calm!

I did get a MAC code from Tiscali and I used it. I can use this to prove that I switched over and when. Maybe one day (when it's my job to prove that I don't owe the debt) I might be able to find that letter from Sky, or get another copy sent to me.

However, in the meantime, I'll rest back knowing that it's not my job to prove that I owe money that I don't owe.

Hey - can we all go knocking on random doors and ringing random people up demanding money from them without proof that they owe us? Why would we anyway - why would anyone choose to stoop that low?

If anyone else has any issues with this sort of stuff. Post Post Post.

And please, Moneysavingexpert Team - we need your help!! Is there anything you can do to help us put a stop to this stuff or any advise you can give us on how to deal with debts we don't owe? Good honest people need help here folks.

expectingstandards

Oh, I forgot to mention....

Here's the ironic thing. I remember back all those years when I cancelled my Tiscali account, I recall some helpful agent in customer service advising me (not word for word but along the lines of).....

After your final payment has come out of your bank, please do cancel your Direct Debit Mr xxx. This is to ensure that we don't continue to charge you when your service has ended

It was almost like, this helpful customer service lady at Tiscali, on a person to person level, from one human being to one human being was shielding me from the experiences that she had probably had to mop up by Tiscali continuing to charge.

Onwards and upwards people. Post Post Post. Let us know what your experiences of this are.