Utility late payment punitive charges

amosworks

Hi folks,

Don't know if this has been covered but I've noticed that both ntl: and BT charge £10 and £5 respectively for late bill payments. These charges seem punitive and thus unlawful. Has anyone successfully argue against them or taken them to court?

I'm suing ntl: at the moment because I've had nothing but problems and poor service and I refused to pay my bill. I've been given a £10 fine for late payment of the bill because I reversed a DD under my rights under the DD guarantee scheme (the amount was grossly incorrect, the bill was a complete !!!! 'n' balls job all because of their errors).

I've not included the £10 in my claim as this happened after I submitted it to the court. Wondering whether it's worth threatening them with an additional claim for that back (although doubtless they will reverse it before that point), or if I can't as it's not punitive. Granted it's not very high but it's always about the principal of the thing

Plus to add insult to injury I got an automated telephone call telling me this charge would be levied. I'm sure I've read here that sending out uniform communications intended to cause distress with no actual reference to the individuals financial circumstances is unlawful? I think it was discussed on a thread relating to the letters DCA's send out but I can't find it.

Hopefully would be nice to save some other people some money if this has/can be figured out.

Any thoughts or pointers at all?

Many thanks,
Amos

LookingAhead

Hmmm I don't know about any law stuff but it's good to see someone taking a stand against a utility provider who is providing a cr ap service and still expecting to get paid in full for it. This country just rolls over and accepts poor service in so many areas.

And the DD thing, I always understood that if things went wrong they were obliged to sort it out under the guarantee. Didn't know you could reverse it but that is just a (hoooge!) gap in my knowledge.

Good luck against NTL.

saintly_2

amosworks wrote:

I'm suing ntl: at the moment because I've had nothing but problems and poor service and I refused to pay my bill.

you really dont like payin bills do you!!!

good luck, fingers crossed it works out for you!!

amosworks

lol well in all fairness I've had ntl: installed on 30th August. To this very moment, I'm being billed for services I'm not getting and have nothing but problems with the Internet, TV and phone going down. I spent ages writing a fully detailed letter and nobody had the courtesy to even get back to me.

Eventually I lost my rag that they weren't taking me seriously so sued them quoting the Sales of Goods Act and the Supply of Goods And Services Act (I think they're the ones) which say that the equipment and services they are providing me must be a reasonable quality, supplied in a reasonable time and for a reasonable cost. "Reasonable" is determined by the court.

But the services don't work to a reasonable standard (Internet keeps going down etc.), since 30th August it's certainly not within a reasonable time!!, and as they keep billing me for things I don't have it's obviously not for a reasonable price!!

Eventually they said they lost my letter, so I made an ultimatum, pay me the amount I'm asking or I will sue you TODAY! I have bent over backwards to sort out your problems and yet they remain, I am not wasting any more time on you. They refused to credit what they'd billed me, plus a little something for my time, so I went ahead and filed a claim. I wonder if they will tell the court how they "lost" the papers they're about to be serviced with. Their excuses simply won't wash now and they will either pay me or go to court (and I am willing!) and get slapped wrists and then pay me.

It is a shame it's had to come to this but there was simply no other way to sort them out. The bigger a company gets, the stupider it gets and you can quote me on that!

Looking Ahead: The Direct Debit guarantee scheme does enable you to contact your branch and request a DD payment be instantly reversed from your account. Usually this is if the DD is in error. The bank will refund your money then sort it out with the company that collected it later, you don't need to do anything else. The guarantee also gives you protection in other areas like if the amount, frequency or dates of payments change then they will let you know 10 working days in advance etc. It's well worth reading. ntl: took £124 out of my account when my bill was more like £35!! They double billed me for loads of stuff and also for services I didn't even have! Ngha

LookingAhead

My word, I am so glad you posted that advice, that could be very handy to know. I feel daft for not knowing <shame>.

From what you have said, I don't blame you for taking strong action.
Why should they be allowed to get away with sloppy service. Perhaps if everyone actually did something more than whinge about it to their mates/family/dog/houseplant then this country's service levels would go up.

It's a joke. Throw a rock in the air and it'll hit someone who has a tale to tell about customer service for a utility provider or a supplier of something (washing machine broken down or whatever).

More power to your elbow.

amosworks

lol exactly. I'm glad you at least know about the guarantee scheme but the moral of the story is: look after the details and the details look after you Always read the DD small print! What the bold print giveth, the small print taketh away! Well in this case it gives you extra rights, but again one should always be boring and read these things lol.

I think if everyone did do something about poor goods and services then things really would change. Although doubtless they would become more expensive to handle the additional litigation costs a company would have (although a firm like ntl: doubtless has its own department for dealing with litigation and legal matters, whether outsourced or not). But it certainly would keep them in check. I had to explain to them it's not my fault my recorded delivery complaint letter wen't missing inside their system, they wanted me to send another copy. I was like no!! You find it, I'm not responsible for your internal mail system.

I was a bit cheeky and said that I fix these sorts of problems as part of my professional career and they were free to hire me and I would sort it for them, but they didn't take me up on my offer. Oh well, only their loss

Larumbelle

I used to work for nthell.

Congratulations for standing up to them amosworks. If only everybody facing similar problems from them did the same.



When I moved to a non-cable area I owed £4 on one side of my account and had overpaid £90 on the other side. I refused to send the £4 to them; I told them (reasonably) that they could take it from what they owed me. They could me that 'wasn't physically possible'. They were still using the same systems as when I was there so I offered to talk them through it. After four months of no joy, plus a nasty letter from a 'solicitor' I thought I would save them the hassle of taking court action against me by doing it to them first. I claimed £86 outstanding on my account, plus £100, plus costs. They never defended.

jellyang

Good for you Amos!

I am always fighting my corner with these companies. I am currently in dispute with Orange Broadband, BT & Sky.
I so wish more people would stand up & fight their corner.
Amazing how these big companies forget that without the customer they have no business!

Good Luck & power to the people!!

amosworks

Thanks for all your support folks

Still trying to find out though if the late payment chargement is punitive or not and whether I should try and reclaim this also?

Amos

LookingAhead

I have NO clue! But keep us posted when you *do* find out!