Warning about Top up TV

amcg100

Has anyone had similar problem as myself ?
Top up TV refused to accept an e - mail giving one months notice to cancel the subscription, and the only way to cancel was to phone an 0871 number.

I refused to ring this number, since I know I will spend forever listening to Greensleeves at 10p per minute.

I e - mailed them 3 times to tell them the account was cancelled, but they have still billed my credit card. The bank refunded the money straight away ( MBNA ).

Not looking for any assistance, just interested to know if anyone has had similar problems.

mije1983

I would call them to cancel as that is what is mentioned in the T&Cs that you agreed to.

2.3.2 No Minimum Subscription Period: You may terminate this agreement at any time by calling us and giving us at least 30 days' advance notice.

Also, although you have got the money back from the bank this time, it won't stop TopUpTV enforcing this clause from the T&Cs and potentially trashing your credit rating in the process.

2.4.2 If you break any of the terms of this agreement or one of our Suppliers asks us to, we may.........:

(a) pass your details to a third party debt collection agency to reclaim Fees or other payments owed to us (such as payments under section 6.2); and/or

(b) pass your details to our Suppliers so that they may bring legal action against you directly. In addition, we may assign to our Suppliers our right to bring legal action against you whether or breach of this agreement or otherwise.

amcg100

The other thing about this company is that it is very difficult to find an actual address for them. Nothing on their web site and their registered address is a solicitors office in Jersey.
Not worried about the contract, ' calling' could be interpreted in many different ways, and since clearly they are applying a cancellation charge ( through making money from the phone call ) they would be in breach of the contract themselves.

TadleyBaggie

SayNoTo0870 suggests that 01592 587200 can be used, so if geographic numbers are part of your plan would cost nothing.

mije1983

amcg100 wrote: »

The other thing about this company is that it is very difficult to find an actual address for them. Nothing on their web site and their registered address is a solicitors office in Jersey.

The fact they don't provide a clear and obvious address is of no relevance to the cancellation process you agreed to when you signed up.

amcg100 wrote: »

' calling' could be interpreted in many different ways

I'm not sure how else 'calling' would be interpreted, except by using a telephone to call the number as listed on their website for cancellations.

amcg100 wrote: »

Not worried about the contract

As you are not worried then there isn't an issue. But don't be surprised if you get a letter from a DCA further down the line, or if you apply for any sort of credit and get rejected.

amcg100 wrote: »

and since clearly they are applying a cancellation charge ( through making money from the phone call ) they would be in breach of the contract themselves

Where is the T&Cs does it state it will be a freephone telephone number?


I'm afraid you may end up getting a nasty surprise from this.

amcg100

TadleyBaggie wrote: »

SayNoTo0870 suggests that 01592 587200 can be used, so if geographic numbers are part of your plan would cost nothing.

I see that now, I checked before and it wasn't there so must be new !

amcg100

re -'The fact they don't provide a clear and obvious address is of no relevance to the cancellation process you agreed to when you signed up.'

Perhaps not, but the fact that they hide behind a firm of offshore solicitors suggest that they are a bunch of shysters - who would you say my contract is with if there is no address on it ?

mije1983

There is a PO Box address in Scotland on their website

Your contract is between yourself and Top Up TV Europe Limited.

....the agreement between Top Up TV Europe Limited (referred to in this document as “us” or “we”) and you under which we provide you with television services.

I don't believe (though I stand to be corrected) that the contract has to have a contactable address on it.

[Deleted User]

amcg100 wrote: »

' calling' could be interpreted in many different ways,

Really? Seems you could either call them on the phone or call at them personally. Certainly, you couldn't call by E-Mail. You might have a case if the contract said "contact" rather than "call".

amcg100 wrote: »

since clearly they are applying a cancellation charge ( through making money from the phone call ) they would be in breach of the contract themselves.

I think you're getting into the realms of barrack room lawyers here.

amcg100

The definition of call in my Chambers dictionary runs to about 3/4 page of tiny print. In relation to use of the telephone it is described as a coloquialism, and in a legal document, I would think that many other of the definitions of the word in question would be ahead of the queue.

macman

The purpose of that clause is not to keep you hanging on the phone, but to put you straight through to retentions, sorry, disconnections, who will offer you cunning incentives to stay.
If there's a 'thinking of leaving, press 3' option, you'll be through in an instant.