Cancelled Sky, wasn't processed, now I'm being charged £125...?

blizeH

Hi,

On April 21st I phoned Sky to cancel (I remember this clearly as it was right after the Liverpool vs Chlsea game!) - I was informed that it had been processed and in a month's time my account would be cancelled - working out perfectly so I can watch the end of the season, which I did.

Since then, I haven't even turned on Sky, exclusively watching Netflix with the intention of re-subscribning to Sky when the football season starts again.

Imagine my suprise then, to see Sky appearing on my statement just a few days ago for £62.50! I've just phoned again, and was told that even though they can see that I've called, there is no note to say exactly what I've called for.

I said I'd like to cancel, and questioned if I would receive the two payments (it's now 2 months since I cancelled) back to my account, and was told I wouldn't. I queried why I would have to pay a total of £125 due to Sky's own error, and was told "Yes, we made an error, but you also made an error by not turning on your Sky box and seeing that your subscription was still active". I (politely) asked to speak to a manager to explain my situation, and was told that the manager was on training (at 8pm?) and would tell me the exact same thing anyway.

I'll admit I was slack - I should have checked Sky, and I should've kept on top of my statements more thoroughly (I assumed the May payment was just for that month) but it seems shocking that I've phoned to cancel a service, was told that it would be cancelled on a certain date, and now have to pay a total of £125 because it wasn't.

Do I have a case here?

pen1

Sky record telephone calls.

It appears to me that even if notes were not left, Sky's computer systems should be able to identify whether somebody accessed your account on the day in question, and if so who that person was, and what team they work for?

In other words, if somebody accessed your account , then it should have left a "footprint" as a matter of protecting your data.

In the circumstances, I think that Sky should have offered to establish whether there is a recording, and if so, listened to it.

I would suggest that you consider a formal complaint and expressly request that they listen to any recording. If they decline, you can consider a subject access request under section 7 of the Data Protection Act, and seek to compel them to provide a copy.

The complaints procedures are at http://help.sky.com/my-account/complaints/sky-customer-complaints-code-of-practice and http://help.sky.com/my-account/complaints/how-to-complain-to-sky

The old-fashioned method of recorded delivery letter may be an option, as there have been some observations on the Sky forum that complaints made by other methods didn't get escalated to complaints staff.

Per the Code of Practice that I've linked to above, in the event that Sky do not resolve the complaint to your satisfaction, you have the right to complain to an ombudsman:

If your complaint relates to Sky Broadband, Sky Talk, Sky TV or our complaints handling process and we have not resolved your complaint to your satisfaction after 8 weeks from when you first made your complaint to Sky, or if you have received a letter from us saying that your complaint has reached "deadlock" as there is nothing more we can do to resolve your complaint, you have the right to take your complaint to Ombudsman Services: Communications, an independent alternative dispute resolution scheme. Ombudsman Services: Communications will review your complaint and if it decides that your complaint is justified, Sky will act on any decision it makes and put things right for you.

Problems with cancellations of Sky have regularly been raised here and on the Sky forum. Indeed, there's another thread- http://forums.moneysavingexpert.com/showthread.php?t=4655059 - that may be of interest and/or help.

If Sky made a mistake and have failed to do something that they were obligated to do, then I do not think it would be fair for them to transfer the responsibility to you and financially benefit from it themselves.

Good luck and please let us know how you get on.:)

blizeH

Thank you! They did confirm that I called on that date, but said there were 'no notes' made about cancellations. As you said at the very least hopefully they can trace it down to the department!

I posted on their forum and they're going to get someone to look into it which is decent, but if the outcome isn't positive I'll take your advice and press them for a recording/log a formal complaint And thank you for the link, interesting that I'm not alone!

In general I thought yesterday the service was quite shocking:

• Telling me to keep my subscription active (not to re-subscribe for the football season) to prevent any additional fees or having to get their service team out to re-fit my equipment (what?!)
• Refusing to refund the amount after acknowledging my error
• Rudely saying “What, you’re telling me you haven’t watched any TV? I don’t believe that” after saying I have exclusively been watching Netflix and Freeview (assuming my Sky had been cancelled)
• Being refused to speak with a manager because they were on training (at 8pm) and that they would only tell me the same thing anyway

I was really polite on the phone, but on hindsight I don’t think that’s particularly good service! ^

StuC75

I must admit that myself (and most people) would likely keep checking the Sky box to see if the service had been withdrawn.

I know in the past when removing the Movies channels (that didnt really watch much) I kept tuning in to check if could access...

Had it been the case that your equipment was faulty then maybe have a case.. But as there was nothing stopping you from checking (beyond your own changes to TV viewing habits) there is a shared responsibility here.

duchy

Customer relations WILL be able to pull the call and get it listened to. As the system shows that you called it'll be a simple matter to find the call as the date and time will be showing where the agent can see that you called. Takes a few days but it is entirely possible to do.

Complain in writing (if you don't want to do a letter there's a contact form for complaints on My Sky which goes direct to customer relations).

pen1

StuC75 wrote: »

.... But as there was nothing stopping you from checking (beyond your own changes to TV viewing habits) there is a shared responsibility here.

I know it's prudent to check that something has been processed, but I agree with Kurtis_Blue on this one; and blizeH has identified the issue within a relatively short time.

The bottom line is that the terms & conditions require Sky to process a cancellation when received in accordance with those terms.

They don't require that the customer take responsibility for Sky doing their job!

As Kurtis_Blue also indicates, the customer could resort to the Direct Debit Guarantee, which is designed to protect consumers from such incidents of error.

Direct Debit Guarantee

StuC75

welcome Back Kurtis AKA "Stick Through as DD Indemnity Claim" - hoping my sarcasm is more noticed this time..

I would always check because to Assume makes as !!! out of U & Me...

The op when cancelling would have still paid for the 30 days notice that has to be given. So could have carried on viewing in that time. Only natural to suggest to check? Its like seeing sign for Wet Paint - most people will check regardless of what they are told..

When changing mobile phone networks (without Number transfer) I have always checked to ensure service was terminated on the agreed time, and was only billed for the right time.. not stuck the card away and forgot about or disregard any bills..

The Op could check either Online Billing to see that the cancellation notification had been put onto the billing.

If not using Online Billing they could have checked the Statements sky send? to see what was on the account. and Not wait over 2 months?

A common mistake, but one that would have served the OP in this instance would have been to cancel the Direct Debit once they felt they had made all obligated payments to sky?

I currently have my own dispute with sky (old deal ended, arranged new deal to include fibre, they claim now unable provide fibre and trying to claim back into new 12month contract). This I have queried 3 days afterwards as not received order confirmation..

I will be moving provider; but I will not commence that action Until have confirmation that they have resolved the problem, rather than leaving it to come back in a few months time in the way of further action or Direct Debit payments being taken!

Kurtis_Blue wrote: »

Sorry I cant see why most people after telephoning and cancelling, and being told it has been processed would keep checking their Sky box, if you have data to back that up please link to it.

Their is no shared responsibility, OP canceled and they didn't stop taking funds, this was then seen by the OP on the very next statement, not 3 years later.

Claim back via the Direct Debit Guarantee and send them a recorded letter stating why.

StuC75

What part of that are you relying upon?

Sky Provide a Monthly Statement of what the account has been billed for, that statement provides the necessary notice of what and when it will be taken under the direct debit.

If the OP failed to check such statements; is that a suitable reason for the bank. Is Ignorance a valid reason?

pen1 wrote: »

As Kurtis_Blue also indicates, the customer could resort to the Direct Debit Guarantee, which is designed to protect consumers from such incidents of error.

Direct Debit Guarantee

StuC75

pedantry \ sarcasm aside. Nowhere did I say I would, I only said that some people would; in fact the person that put the sign would intime check to see if its dried yet.. do we have to be that facetious?

Do add the following into your process flow ..

"Sky continued to provide the service & statements & take direct debit.."

Sky have millions of customers to monitor for errors & mistakes (who knows maybe a system crash that evening).. We as Consumers have one account to review and ensure runs correctly - so five minutes on our part avoids ....

Had sky Not prepared a statement or had taken more than what the statemented then yes clear DD claim.

Kurtis_Blue wrote: »

So your argument is if you saw a sign saying wet paint you would check? I think we are operating on different levels here.

The OP canceled and this was confirmed by Sky, they continued to take funds.

Not complicated.

pen1

StuC75 wrote: »

What part of that are you relying upon?

Sky Provide a Monthly Statement of what the account has been billed for, that statement provides the necessary notice of what and when it will be taken under the direct debit.

If the OP failed to check such statements; is that a suitable reason for the bank. Is Ignorance a valid reason?

I'm simply relying on:

If an error is made in the payment of your Direct Debit, by the organisation or your bank or building society, you are entitled to a full and immediate refund of the amount paid from your bank or building society

My bank has always accepted evidence of cancellation (including written assurance from me) that a product/service was cancelled in advance of a direct debit payment taken.

I take your point about a statement being issued in advance. If I'd received one and it was wrong, I would have considered cancelling the direct debit in advance- to prevent incorrect payment from being taken- if I couldn't get Sky to remedy the bill in time.

In my opinion, the cancellation request, however, supercedes any subsequently incorrect bills that Sky might issue, as the customer has effectively already requested that future direct debits be amended.

In any case, debate over the scope of the Direct Debit Guarantee isn't the primary issue. Sky's terms & conditions detail the customers' rights to cancel and what they must do to complete that.

They do not, as far as I can see, make the customer liable for any mistakes made by Sky, regardless of your apparent feeling that the original poster should have been more diligent.

http://www.sky.com/shop/terms-conditions/tv/

spacey2012

A telephone call does not count as served notice of cessation of a contract .
I would suggest you obtain a postal address and serve written notice.

They may allow you to "do it" it over the phone, but if they dont they hold the only proof you called.
Not a good situation.
Served notice in writing + Stamp + certificate of postage.