Problems with Elite Calls

ukalan

My parents have recently received an intimidating letter from Elite Calls threatening them with a demand for £395+VAT if they went ahead and left their service.

The letter has to be seen to be believed. It is full of large bold type and threats of legal action and intent to pursue debts. For example, the reference to the termination fee is in bold black letters 7mm high.

According to their T&Cs, this represents a “fair and reasonable” charge for terminating the contract. How a company that is basically a reseller with no equipment to write off, or lines and exchanges to maintain can justify such a claim, is totally beyond me, especially as my parents have been with them for probably 4 or 5 years now.

So what initiated this extreme reaction from Elite Calls? Answer: my mother made the mistake of agreeing in a courtesy call from BT to move the telephone line back to them.

The phone line is officially in my fathers name. He used to run a small business from home but early in 2000, around 2002 he started to develop worrying problems with his balance and intellectual function. By the end of 2003 he had given up driving because he was no longer mentally capable of doing so. His decline since then has been remorseless and unrelenting, affecting both his mental and physical abilities.

At this moment in time he needs two carers using mechanical machinery to move him in and out of a chair. He can hardly move, spends most of his time asleep and although he can still communicate in a weak voice to those who can understand him, he is really no longer capable of understanding or engaging in anything but the most basic of conversations. As far as I know he is suffering from Lewy Body Dementia although there was also some talk of Multi System Atrophy.

I am not sure exactly when my father signed up to Elite Calls (possibly 2006 or 2007) but I do know that when he did, his health had already deteriorated to such a degree that he had stopped work. He had stopped work because he wasn't physically or mentally capable of continuing. His memory was shot through (he got lost going to the bottom of the garden), needed help with the most menial of tasks and was easily confused.

And as if he didn't have enough problems, he receives a phone call from this awful company, Elite Calls, who then take advantage of this frail and vulnerable person. Talking him into a 5 year expensive business contract loaded up with unwanted and unnecessary services (I have only just found out about these), when all he really needed was a cheap residential line from BT with a basic line rental.

My mother only found out about all of this weeks later when she noticed a letter from Elite Calls confirming the contract. She cannot remember seeing anything about this business of a 5 year rolling contract or the £395+VAT termination fee. Would they have mentioned this to my father over the phone? Not that it would have probably made much difference anyway, as he wouldn't have taken in much of what they were on about. My mother said she asked my father why he had moved companies and he replied with words to the effect that he didn't know how to say no.

This business with the phone line was then forgotten about until the recent courtesy call from BT. Looking at some of the charges on these bills from Elite Calls, it seems clear to me that my parents can easily save money by moving providers and reverting to a standard residential line. Yet they are trapped in the clutches of Elite Calls.

My fathers condition is constantly deteriorating and it's only a matter of time before he has to go into a home. How does my mother stand in this situation – is she then going to be forced to pay these outrageous charges to get out of this contract? What happens if he dies? Also, would she have any redress for paying over the odds for so many years because Elite Calls managed to talk a mentally disabled person into accepting an overpriced contract for services he absolutely did not need?

Finally, I have been thinking about just moving the phone line back to BT and fighting Elite Calls through the courts. However, such a course of action would only increase the pressure on my mother who is already at her wits end from dealing with my father. Also, I am very worried that if we upset Elite Calls that they will in the meantime disconnect the phone line that my mother needs to communicate with doctors, nurses and carers. The line also has some type of system on it which connects to a distant control room and allows my mother to get immediate help if there is any emergency. This facility would obviously be disabled if the line is disconnected. Given the circumstances, is there any law preventing them disconnecting the line?

We have yet to contact Elite Calls to find out how long the contract has to run but in the meantime has anyone any advice what to do about this situation? Any suggestions would be much appreciated.

Thanks, Alan.

jhp

See: https://forums.moneysavingexpert.com/discussion/837175