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TopUpTV being extremely difficult

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MoneySpendingEejit
MoneySpendingEejit Posts: 28 Forumite
edited 20 December 2011 at 4:37PM in Consumer rights
Okay, background of my situation:

My Dad had Setanta for a brief period maybe 3-4 years ago now and cancelled as he was unhappy with the service. He had a difficult time trying to cancel and was left with a really bad impression of them.

I recently saw TopUpTV's Daily Mirror offer of two months free ESPN a while back and decided I would take it out in my name, but for my Dad to use. I knew it would take a bit of convincing on my part, but figured he'd be up for a couple of months free footie if there's no obligation to him. I signed up online and entered my address details, bank details etc, and then waited for the viewing card to arrive.

It arrived shortly after and much to my surprise, it was addressed in my Dad's name. I have literally no idea how this happened, it's unlike me to make such a mistake but I figured I must have done it absent-mindedly. I called TopUpTV to explain the situation and they proceeded to be complete expletives about the situation. They refused to talk to me concerning the account because it was in my Dad's name and when I elaborated on what had happened, the guy sat there accusing me of committing fraud. He said he couldn't understand why I did that, despite my explaining it was a mistake. I said that considering everything on the account was my details and nothing to do with my Dad, there should be a way I can still talk to them about MY details... I was absolutely furious and ended up hanging up, because this bloke was severely annoying me.

I then e-mailed them to explain the situation and that I just wanted everything cancelled immediately. They eventually replied telling me that my Dad would have to contact them to cancel. I tried to call them when I was at his home on Sunday the 11th, only to be told by an automated message that the department which handles cancellations was shut. I did the same this past Saturday and got the same response again. I went round there once again today on his lunch hour and got him to give them permission to talk to me...

I told the woman I spoke to that I wanted it all cancelled and she kept questioning me as to why I was cancelling, to which I told her that I was furious with the company and the way they'd handled the matter. She was a real expletive about the whole thing too and started questioning me as to why I took it out in the first place if I wasn't going to use it. She then started saying about a thirty day notice period and said I'd have to pay £4 if I wanted to cancel! I've never even used the card and now they're expecting me to pay them money and when I said they've got no chance she simply said "well it's in your Dad's name so he'll be getting in trouble over it".

I made one simple mistake and now they're trying to tell me that my Dad is the one who would be liable? How can he even be held liable for something that he never took out?

Where do I stand in this situation? I will be livid if I end up having to give these clowns any money.

All I can recommend to others is that they avoid these cowboys. I've never encountered a company with such awful, awful people representing them on the phone.
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Comments

  • bod1467
    bod1467 Posts: 15,214 Forumite
    Did you receive an email confirmation following the sign-up? If yes what does that say? Whose details does it have on it?

    (I suspect they've registered your Dad's address previously from the Setanta days and their system has ignored any name details that YOU provided. I suspect that you have not made any mistakes and THEY are in error).
  • I received a confirmation e-mail, but the only details mentioned are my username and bank details.

    I can't see how they would have got his name. Despite being a registered customer previously, he lived at a different address when he was with them last and I can't see how they'd associate his name with mine with the details I provided. I just can't see how it could have been anything but a mistake on my part, unfortunately. What a mistake it's turning out to be though...
  • Do you and your father have similar first names?
    "You were only supposed to blow the bl**dy doors off!!"
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I received a confirmation e-mail, but the only details mentioned are my username and bank details.

    I can't see how they would have got his name. Despite being a registered customer previously, he lived at a different address when he was with them last and I can't see how they'd associate his name with mine with the details I provided. I just can't see how it could have been anything but a mistake on my part, unfortunately. What a mistake it's turning out to be though...

    DPA might be of use.....under the DPA, a company holding personal information are legally bound to act upon a notice informing them that the details they hold are incorrect. Put your request in writing. I can't see anything in the act to suggest that it shouldn't cover instances where the person giving their own details have done so incorrectly and theoretically, the information they hold is still incorrect....regardless how they got that information.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • Do you and your father have similar first names?

    Nope, entirely different!
    DPA might be of use.....under the DPA, a company holding personal information are legally bound to act upon a notice informing them that the details they hold are incorrect. Put your request in writing. I can't see anything in the act to suggest that it shouldn't cover instances where the person giving their own details have done so incorrectly and theoretically, the information they hold is still incorrect....regardless how they got that information.

    I don't know how I'd go about presenting that to them, but it's certainly an avenue to explore. I don't want to leave this hanging too long though. Worst possible bloody time of year for it though!
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Nope, entirely different!



    I don't know how I'd go about presenting that to them, but it's certainly an avenue to explore. I don't want to leave this hanging too long though. Worst possible bloody time of year for it though!

    If you visit: https://www.ico.gov.uk

    They have information (and i'm positive i've seen template letters too) detailing how to notify a company that details they hold are incorrect and i'm sure the company are supposed to respond within 21 days. If they dont, you can make a complaint to the ICO themselves.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • I called the ICO and it seems that they're only obliged to act if notified by my father, rather than myself. It seems I don't have a leg to stand on.
  • j2011
    j2011 Posts: 238 Forumite
    When you phone up how do they know it is you and not your dad?

    I do a lot of things online and by phone for my dad and I just use his name.

    As long as you have the correct answers to any security questions they are non the wiser.
  • Get sky.......
  • I've finally managed to get the account changed into my name and closed down, although they are now expecting me to pay £3.96 due to a thirty day cancellation period.... :rotfl:

    They're telling me I'll have Wescot on my case if I don't pay up. Absolute scum, this company!
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