Broadband payment quandary

In_for_a_penny

I know it’s a long one but please bare with me...

In November 2005 I signed up, online, to a prominent broadband provider and provided credit card details for the monthly payments. Within a few days I received a confirmation letter and the free modem pack etc. After waiting a few more days, as advised, I proceeded to install the modem software and waited for the line to be activated (which normally takes about 7-10 days).

After about a week, I connected the modem to see if the line had been activated and to my delight, it had. So, off I went browsing at speeds never experienced before. One month went by and I received my credit card statement. No monthly debit had been made so I presumed it would be on the next statement. It wasn’t!

Being an honest, hard-working, conscientious person although slightly concerned, I emailed their support and informed them that I hadn’t been charged for the broadband use up to that point and that I was ‘informing them because I didn’t want to end up with a huge bill through no fault of my own’. I received a reply within a couple of days, firstly thanking me for bringing this to their attention and also acknowledging that the fault was indeed theirs. The email response went on to say that the account would be activated (presumably for payment) and that no back-payments would be requested.

After a further month elapsed, still no payments had been taken from the credit card details provided. Indeed, the details are still available, online, when I check my account with the broadband provider! So it’s not as though I’m trying to avoid paying. I decided to write them a letter. Again, I outlined the situation, referring back to my original email and their response, and even included extracts from the email within the written letter inlcuding dates etc..

At this point I was wondering if they ever wanted payment for my broadband use! So, my parting shot in my handwritten, posted letter was that, ‘as it is not my fault, and that I have made efforts to rectify the problem which appears to be at their side, I will be unwilling to pay for any use up to the point where they eventually realise that I am essentially being provided with free broadband use. However, I will be willing to pay from that point onwards.’

To date, I have received no reply either emailed, written or carrier-pidgeon, from the broadband supplier. I can now only assume that my account, although active in principle for broadband use, has no records available for paying for it.

My question to this forum is, “How do I stand from a legal point of view? Am I correct in saying that as the Company has originally acknowledged that it had blundered with the payments and would request no payment for previous use, I am quite within my rights to refrain from paying for the use up to this point?”

Comments, advice, suggestions will be gratefully accepted.

espresso

:doh:

Tiscali by any chance:question:

Why not name and shame this company:question:

:wall:

Rex_Mundi

espresso wrote:

Tiscali by any chance:question:

That was my first thought when I read this post. I used them years ago, and they were always missing out taking payments, then taking 2 or 3 months in one hit a few months later. I've seen so many complaints about Tiscali doing this.

Guy_Wise

In_for_a_penny wrote:

My question to this forum is, “How do I stand from a legal point of view? Am I correct in saying that as the Company has originally acknowledged that it had blundered with the payments and would request no payment for previous use, I am quite within my rights to refrain from paying for the use up to this point?”

I can't say for sure, legally!

Wow! from Nov. 2005 is a long time for the problem to persist.

A similar thing (erratic billing) happened to a couple of Beeb.net accounts some time ago, they were cancelled for that reason.

I suspect that as you have used the service, and are still using it, then you are probably liable for payment when they finally wake up (just my opinion)

This also happens with the utility companies where people have received large bills for back-payment of electricity or gas.
On consumer progs i have heard some success with reductions in the bill, but i think legally the companies are on strong ground, so these are usually gestures of goodwill.

I believe the regulator, Ofgem is changing (has changed??) the rules to stop this kind of thing.

So it may well be worth your while to give Ofcom a ring and explain the situ to them.
Ofcom should know for sure and would be able to advise you.

.