Cancelled direct debit for line rental but didn't email letter of cancellation

DavidKJ

About mid way through last year when I moved out of my old house, I cancelled my direct debit for line rental through Primus, thinking that would be sufficient. I've now been billed £100+ for another year of line rental by them (starting from Jan), which they insist I have to pay or they will pass it over to a debt collector.

There is no written contract, and none of the emails they sent me say that it's a recurring yearly contract / when the money will be taken out / how much it would be. I asked them about this, and they said I would have been told on the phone when I first joined (I can't remember the details of the conversation.)

Am I required to pay this? Do they have to be able to provide proof of a contract? If I do have to pay, do I have to pay the full amount, or just the 2 months into the year that I have "used"?

Thanks in advance

David

molerat

They can not automatically roll you onto another year contract but they can insist on 30 days notice and being paid up until the end of that notice period.

wealdroam

DavidKJ wrote: »

About mid way through last year when I moved out of my old house, I cancelled my direct debit for line rental through Primus, thinking that would be sufficient. I've now been billed £100+ for another year of line rental by them (starting from Jan), which they insist I have to pay or they will pass it over to a debt collector.

There is no written contract, and none of the emails they sent me say that it's a recurring yearly contract / when the money will be taken out / how much it would be. I asked them about this, and they said I would have been told on the phone when I first joined (I can't remember the details of the conversation.)

Am I required to pay this? Do they have to be able to provide proof of a contract? If I do have to pay, do I have to pay the full amount, or just the 2 months into the year that I have "used"?

Thanks in advance

David

Cancelling the payment method does nothing towards terminating the ongoing contract that is in place.

Proof of a contract is easy.
You have been using the service for over a year.

DavidKJ

wealdroam wrote: »

Proof of a contract is easy.
You have been using the service for over a year.

But does that proof indicate that I have to pay for another entire year?

Hintza

DavidKJ wrote: »

But does that proof indicate that I have to pay for another entire year?

You will need to see the contract but most have a minimum term followed by 30 day rolling contract.

wealdroam

DavidKJ wrote: »

But does that proof indicate that I have to pay for another entire year?

No probably not.
But as you appear to have no idea what you agreed to a year ago, you may have to accept what Primus are telling you or hunt around for a copy of the contract they were offering then.

Maybe a good starting point would be to look at their current contract offerings

Trinitrotoluene

List of their current contracts is here
http://www.primussaver.co.uk/terms_and_conditions.html

Assuming you had primus home phone 12 month contract it states:

2. Duration
This Agreement shall come into full force and effect from the date of acceptance by Primus Saver and subject to earlier termination in accordance with the terms and conditions of this Agreement, will continue for a minimum initial term of twelve (12) consecutive months, including the month in which acceptance occurs (the “Initial Term”). After this Initial Term, this Agreement shall continue thereafter unless terminated by either party giving to the other not less than 30 days written notice to expire at any time.

12.3. Either party may terminate this Agreement by serving not less than 30 days written notice of termination upon the other party.

I can't see anywhere in that contract about renewing for an entire year after skimming it.