BE Broadband Bill nearly 3 years late!

kwikbreaks

liquidbutindebt wrote: »

I have paid my invoice regularly in full. They are now claiming they invoiced incorrectly. Their terms and conditions state that broadband is paid monthly in advance. They are charging me a lump sum in arrears. Do I have to pay?

Most of the questions in this section are of a technical nature and not a legal one. Nobody here SFAIK is in any way qualified to answer your question so do yourself a favour and start with Citizens Advice or Trading Standards who should be at least able to point you in the correct direction. You could also try the consumer rights board on this site.

espresso

liquidbutindebt wrote: »

It is a domestic broadband package and not associated with any business. I'm not trying to wriggle out of anything, as I have stated already, had I understood the true cost I would have switched supplier long ago. I'd like to stick to the facts please rather than have someone assume I'm some kind of no good cheater (yes, that's you espresso)!

I have paid my invoice regularly in full. They are now claiming they invoiced incorrectly. Their terms and conditions state that broadband is paid monthly in advance. They are charging me a lump sum in arrears. Do I have to pay?

The facts are that you have made mistakes and they have made mistakes. If you are not trying to "wriggle out of anything" why can't you understand that you now need to pay for the services provided to you? You have had the benefit of the money that you have owed them and now you are obliged to pay your debt or argue with their debt collectors.
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Mark_In_Hampshire

You are correct that it is poor that they did not bill you, although I'd guess that's an oversight - they were very popular (not so much any more) and I can't imagine it was something systemic, probably just a one off error here.

However what matters is the agreed contract.

If you signed up and they told you that the total costs would be 9.99/mo then they can't come back later on and demand more.

If, for instance, you signed up online and the prices were shown for the service, which I guess were more than 9.99 (e.g. the main/core service part of the contract) then you agreed to pay those higher prices there and then. You might have been sent an email on signup which would have confirmed that.

That's what they may very well point at, and in that respect, they are in the right, because you haven't paid the sums you agreed to pay. That is what is key to this.

Since the billing was their error, there's more than a minor case to be made for leniency in allowing you to pay it back at a rate which you both agree (both total and timescale)

Sorry if that's not what you wanted to hear, and I'm not a professional contract lawyer, it's just my interpretation.

liquidbutindebt

I think I'll just ignore espresso as he seems to have some kind of bee in his bonnet. Mark, thanks for that. I have not once suggested I wouldn't pay, simply that I wanted to understand whether I had to. If I have to pay then fair's fair and I will do so. However, why should I pay more than I have to, especially in times like these!?

I will take more formal advice on the matter as kiwi has suggested (thank you kiwi), however, the good news is that they have just offered to half the amount. I still don't want to lose sight of the fact that they need to show I actually owe the money. I still haven't seen an invoice detailing what I'm paying for.

A final word for espresso. These boards are supposed to be non judgemental!

macman

Yes, it is their mistake, And yes, of course you have to pay. Their is no back-billing rule applicable to broadband or telephony-they can go back 6 years.
In the meantime, you've accumulated an interest fee loan of £750, so why grumble?
You should be able to negotiate to pay this off over an extended period though.

liquidbutindebt

Actually espresso, bankruptcy taught me not to assume that companies are always treating you fairly. But thanks for reminding me that I'm not actually liable for approx. half of this amount anyway