switched to Tiscali & hit with BT bill

kidtechnical

Hi there,

I'm not entirely sure I'm in the right 'bar'.

Here's my story:
*I have an account with BT & recently signed up to one of their call packages. We had broadband via another company, but this was paid by OH employer.
*OH no longer works there anymore, so his employer stopped the broadband.
*OH looked around for broadband & decided Tiscali were the best deal, for phone line & broadband and immediately contacted them to commence service. I didn't know this until after he'd arranged it, so I wasn't consulted.
*Last week I got a final Bill from BT which amongst other things wanted £154 for cancelling (total final bill £180+). I called them to see what it was about, was told they were no longer my service provider(this was when I learned OH had gone to tiscali without consulting me!). They said they had stopped providing my service on 17th May & because I was tied to an 18 month contract the £154 as due. I basically told them it was the first I knew they weren't providing my phone line & she said a letter would have been sent automatically. I asked her to confirm that one was sent & the date it was sent as I have absolutely not recieved a letter from them. I asked why on earth they wouldn't CALL me to confirm & point out I will get a bill, they do have my number after all. I pointed out that on a previous occasion I cancelled my phone with them & they called to confirm & see if they could retain me... this didn't happen this time. I told her that I was very concerned about how BT handle personal information & accounts. The phone is in my name, but someone else can come along at any point & cancel that contract automatically via another company - this doesn't seem right. She seems to think the 'Letter' (that I never received) covers them. I also pointed out that after cancelling my phone line with them previously, my account was reinstated by BT following a call from my partner (who isn't on the account) & not me. I called them at the time, but was basically asked "do you want the phone line? Then what is the problem?" (I posted on this forum about it at the time, my problem was that someone else could activivate an account in MY name).

So here's the thing. BT will 'reactivate' the account, but I'll need to speak to the bill dept to see if I will still have to pay the £150. I pointed out that I'm hardly going to come back to them if I have to pay the £150 anyway, I'd be as well staying put. My partner is away working just now & I can't call Tiscali, I have no details about the package he has signed up for... I'm guessing that if he's signed up, he will now be liable for a bill if he cancels with Tiscali, I'm also guessing they won't talk to me anyway as it's not my account. I've asked my partner to deal with this (last week) but he's RUBBISH with this kind of thing & hasn't bothered. Before he left to work away I let him know I was peeved with him for not dealing with it & he said he can't be bothered with the hassle, we'll just pay the £150 and that'll be the end of it! Argggg! He's just got a job after 6 months unemployment, we've spent the last 6 months scrimping to get by, borrowing off family & not a penny of benefits, just my student bursary (which the jobseeker people say, by LAW is enough to live off! I've never heard of the Enough to Live off Act, but I digress). This is really stressing me out. OH not dealing with stuff like this is the story of my life.

Can anyone tell me where I stand legally? I've not been to citizens advice (or whatever they're called this weather) as I've been working shifts & doing exams.

HELP!!!!!!!!!

diamonds

1) tell him stop doing things like that or he's out on his ear - thats should stop him & your stress, grow up or ship out ( wait till he takes a 12,500 loan without disgusing it - I KNOW, after I spent 2 years paying off the 15,000 loan ( taken out before I met the other half ) early - be strict and except no excuses & break his bad habit

2) ban all pub nights with mates till the equivelent 150 is paid up to you & buy something nice for the house - that'll teach him, he was gonna lose 150 anyway! not for you as thats not fair but something for the house that helps you out perhaps ? a Dyson ? a dishwasher ? etc...... never blatantly for yourself though !
( sure BT will refund, Tiscali & them had no right to change/set up your accounts - Data Protection Act comes to mind )

3) contact Tiscali and tell them he & them breached your BT account/DPA and they had no right to change anything without your explict consent unless its sorted to your satisfaction you will take them to small claims court

4) of all the above - keep cool & calm when dealing with all arrogant parties

kidtechnical

Diamonds, thanks for the prompt reply.
1) It's not like him to bother his shirt with this kind of thing, it's usually left to me to deal with EVERYTHING, if I had actually asked him to organise broadband I'd still be waiting for it to happen! Of course the one time he does something this what happens!

2) He doesn't do pub nights, even when we're flush, however I did point out that we'd be chucking £150 at BT that would pay for a monthly car payment or my mortgage! His response, BT will charge £50 to active broadband anyway so we're only really losing out £100?!? Oh, is that all?!

3) I will get on to Tiscali & do just that, thanks. I really wasn't sure who was at fault, BT for cancelling my account, or Tiscali/OH for taking it over. When I talked to BT I got the girls name, told her I was noting the time & date because I felt this was a matter for the data protection commissioner. She confirmed that when the account was re-activated it should have been on my say so.

4) Will try to follow this part of your advice, but I can't promise you.

Drunkstar

*sigh*

I hate when this stuff happens.

Tiscali were within their rights to change over to them if they were told to. Its not a transfer of your account. Even if it was put into your name if your hubby said he had permission to then it stands as legal (unless you say he has NO say on the bills at all).
BT are not allowed to refuse the request for line transfer, and a letter is sent out 99% of the time, but yeah sometimes people slip through the cracks. If this is teh case they will allow you to either 'go back' to were you where in the contract, or waive it. They dont HAVE to do either, but normally do anyway.

Oh, its not a DPA issue for anyone except your hubby.

kidtechnical

Drunkstar, how do I say he has NO say in the bills? IMO he has no say in the bills. Every bill in this house is in my name (as is the house) and is paid via my account... it's the only way I know it will be done.

Also, why is it a DPA issue for my partner & not me?

Drunkstar

Its a case of HIM breaking DPA is what I meant, as its wasnt Tiscalis fault that he ahd no say in it, they dont have to ask as as far as they are concerned they are just starting a brand new phone line so no Data protection needs doing.

You need to get BT to switch the phone line and report your husband for fraud.....seriously, thats the only course you have there if you want to make a deal of it. Nobody else is in the wrong I am afraid.

kidtechnical

Report him for fraud? Hmmm, that'd teach him not to mess with my things!! May make for a little tension around the house though!

Out of interest, noticing you work for BT, what is your take on them reinstating the phone line following OH call to them? (original thread here http://forums.moneysavingexpert.com/showthread.html?t=17885 ) When I mentioned it to the girl at BT she seemed genuinely shocked, but whoever OH spoke to at BT & whoever I subsequently spoke to at BT didn't think it was an issue at all (unless by amazing coincidence we both wound up speaking to the same guy!). I know I have no come back on this, I've paid my bills & in doing so entered into a contract with them, I'm just curious.

Drunkstar

If the person phoning says he/she has permission then we have to go with that. After all many people set up lines for their kids (at uni) or their partners (at work and dont have time themselves).
If someone has a line set up in thier name and then phones and says they didnt want it and the other person had no right/permission then we can deal with it as fraud.

kidtechnical

Hmm, but he didn't obtain the service through deception, he signed up for a contract in his name at the address he resides at... Have a funny feeling I'll be left to pay a huge bill

diamonds

for data protection Tiscali should have asked to speak to the BT account holder to verify account details & acceptance then and only then allowed your husband to make changes with your consent to bring you across, BT have only done as they are required to do via regulation & as Drunkstar says they most often than not refund/credit you back ( goodwill )
thats the problem to go to Tiscali or any other you need to be BT live first & Tiscali obviously report Mr kidtechnical request to BT, but BT should see the BT a/c is Mrs kidtechnical, and a simple computer program should have stopped this automatically ! BT should advise CPS's per regulatory procedure transfer will happen but that they only can process the BT account holder transfer to a CPS, not a husband, brother,cousin - ONLY Mrs kidtechnical, on both sides the procedure is fundamentally flawed/open to abuse " oh look im due BT 400
quid lets just put it in your name dear over to Tiscali CPS we go " - where then does BT have right to suspend its network connection to your home then ? yip nowhere ! BT retail just have to send bills and pray for payment

when I'm dealing with the MIL accounts i talk & explain what changes she wants to the account and tell whatever company " I'll just put you on to her to verify herself/account/passwords and agrees to whatever changes I am making...then I will come straight back onto you " & i slip out the room while she verifies things/agrees to the changes - shes too old too MSE it so i do it all - she sees cheaper bills and trusts me, I have no need to be a registered user on any of her accounts for the simplicity, it takes like a 1 min process each time