help! sky chasing a debt we dont owe, in query, DCA harrassing my mum.

__TJ___2

hi all, just after a bit of advice here its a long one so ill try and be brief.

in feb 2012 we took a home tv bb and phone package with sky for a 12m contract. in july 2012 they changed the prices and we cancelled our contract under the "change of terms" section of their contract. it took a few calls to get the cancellation agreed because my hubby is the acct holder so they wouldnt accept the cancellation from me and he had already moved to canada working so he had to call them, they then tried to tell him he couldnt cancel and he didnt have the relevant email and terms and conditions etc to quote at them, finally i got back thru to him on skype and heard him have the conversation with sky to cancel in which they told us we had given 31 days notice and they would terminate our contract on 23rd august.
we paid up to and including that date and i then cancelled the direct debit as i know sky and they have such a dodgy rep that i was anticipating problems leaving them.
in august we left our rented house and moved out to canada to be with my husband.we had our mail forwarded to our old house, which we have sold to my mum.
in december we had a letter from a DCA saying we still had a contract with sky and they had passed our bad debt on to them. again refused to speak to me when i called them to explain that we didnt owe sky anything and i called sky who eventually agreed to speak to me ( having given them the password!) the agent i spoke to (taking date time and user id of the call) said he could see the problem and would get it sorted out and wiped clean. he also said he would contact the DCA and they would withdraw the issue.
in late jan we had another letter this time at our old address (now owned by my mother) saying that the debt still had to be settled and they would come round and knock for it.
hubby called them and told them the debt was in query still and gave them the details of the agent we spoke to and they said they would leave it for two weeks until they heard from sky. we also called sky to ask why the complaint had not been dealt with yet (dated 3rd dec) and they told me it takes as long as it takes and we care unable to contact them to ask for progress.we told the DCA they had the wrong address, we do not live in the uk any more and we do not own that house or anything in it, my mother has nothing to do with the debt they think we owe and they should leave her alone.
every day for the last three days the DCA have knocked on my mums door, harassing her and her disabled husband.

im after something legislational i can use to get them to back off until sky sort out the conplaint and call off the hounds...

to recap. we dont owe anything, we cancelled and they accepted our cancellation, we paid up to and including the date of disconnection. they know we do not live there and that my mother has nothing to do with the debt yet still go round there every day to ask for hubby. also when we took out the contract we did intend to keep it for at least the full 12m, but when work came up over here we took it ( better quality of life etc) when they changed the prices it seemed serendipitous and we took advantage of the chance to cancel mid contract.

DCFC79

Can google help ?

heres a few email addresses in this MSE thread and postal addresses.

arcon5

Your parents could try contacting the police to see if they can assist? With them not being the debtors and now having had 3 visits they may be wiling to take on a case for harassment or at the very least get in touch with them and scare them off

mo786uk

what has your mum done when they knocked? ignored or opened the door?

although there is noonus on her to do anythign may worth spekaing to them and showing some letter or osmehting that shows she is the current owner?

DCAs dont have any pwoers so they cannot enter her home etc

__TJ___2

DCFC79 wrote: »

Can google help ?

heres a few email addresses in this MSE thread and postal addresses.

thanks DCFC79, i will try those two email addresses. i was hoping something i could get mum to hand to the DCA next time they call to say you are chasing a debt that is in query, this is in contravention of OFT rule XYZ or something. also citing the length of time between their calls to the house, less than 24 hrs apart every day for three on the trot! while we await sky dealing with this.

mo786uk

What is the name of the DCA?

The OFT get involved with credit debt - Sky debts are not credit debts but most DCAs will colelct both.

If you collect credit debt you need a Credit Licence issued by the OFT and have to follow the Debt Collection Guidance. Check if the DCA has a licence. If they do they should follow the DCG because the OFT will consider everything a DCA does when deciding whether to let them keep their licence - so if they are actign improperly on non credit debts it coudl still affect their ability to told al icence to oclelct credit debts.

Under the debt colelction guidanc eif you ntofiy the DCA there is a dispute on the debt they hsould put it on hodl and look into it.

unholyangel

Get your mum to write to them, stating that on x date (or month if you cant remember the date) she made them aware that xxxx (your hubby) did not own or reside at xxxxxx (address).

Subsequently, they have persisted on visiting/phoning/whatever on xyz dates.

Then something along the lines of "I have made you aware that your records are incorrect and requested you update them. Under the Data Protection Act, you are responsible for ensuring that all the data you hold is relevant, up to date and accurate."

She could also add in a bit about withdrawing any implied right of access to (her address) but afaik its usually used when people do actually owe the debt but are being harassed, cant hurt to include it.

There's also a page here from OFT about what debt collectors can and cant do, so perhaps worth a read to see if they've been naughty boys

http://www.oft.gov.uk/shared_oft/consumer_leaflets/credit/oft1299.pdf


You may also be better asking a mod to move your thread to the debt board. We're more consumer legislation orientated and the guys over on the other board will know all the ins and outs of debt collectors (and likely any legislation that may help you more than what I've mentioned above).

__TJ___2

hubby emailed the managing director at one of the addresses above they replied saying we had no right to cancel and so the debt is still owed :mad:
i remember at the time there was a thread on here about how you could cancel if they put price up, i want to find that and check the facts on the cancellation before we reply to her.
she makes no apology for them harassing my mother when they know i dont live there and insists that as we are not allowed to cancel (even tho they agreed to let us) the debt remains!

her reply in full...
Dear Mr __TJ__

Account number ......
Thank you for your email addressed to Jeremy Darroch we aim to provide the highest possible level of customer service I am sorry that this has not been your experience on this occasion.
My name is Sandra and I work in the Executive Support Team office and will be investigating your complaint on Mr Darrochs behalf.
I can see by the notes on your account when you called in on 23rd July 2012 you spoke to an agent who advised that you were in contractand of the following terms and conditions
(c) We may increase your Subscription Payment at any time by giving you at least 31 days written notice. This may include increases under Condition 2(d), unless Condition 2(d)(ii) applies when we will try to give you as much reasonable notice in writing as possible. However, during the Minimum Term, unless it is for a reason set out in Conditions 2(d) or 4, we may increase the price of your Option only once and that increase will not be more than:
Advisor also advised we sent correspondence out back in june to advise of this. Whilst I understand your frustration on this the debt is due and unfortunately we can not reduce this for you.
I hope this information has helped with your enquiry. If you require any further assistance, you can respond to my email. You can also contact us within the Executive Support Team on 08442 411646, where one of my colleagues will be happy to help you if I am unavailable.
For your information I normally work on a Friday 07.00am till 13.00pm and a Saturday and Sunday 07.00am till 17.00pm



Yours sincerely
Sandra
Service Excellence Consultant
Executive Support Team

System

I must admit I was surprised when you said you could cancel because the price went up. I thought as long as it was below a certain limit there was no right to cancel.

I would be tempted to email back with our new address and tell them to leave your mother alone. The fact your new address is in Canada isn't your concern

__TJ___2

i was told i could cancel on a MSE thread HERE and when i called sky to cancel they originally said no but then when we called back armed with the email from them saying what to do if you are unhappy with the increase, the agent agreed to terminate the contract.

System

From that thread all I can see is one poster said you could cancel. I am not sure that is watertight. As far as I can see as long as the price increase was not more than 10% you have no right to cancel.