Are Sky in Breach on Contract?

lauralouise90

Hi all,

Bit of an essay here so apologies.

I've been a Sky TV customer since June 2013, so my contract runs until June 2014. I have the Entertainment Extra+ and Sky HD+ package, plus Unlimited Broadband and the Phone Line... so I'm paying a chunk of money each month.

Just after Christmas we decided to add the Sky Movies package as it was offered to us for £8 for 6 months. We were told this included all the movies channels (SD & HD) and allowed us to watch 3D movies too.

Yesterday our HD Movie channels stopped working (the SD channels still worked).

When I called Sky and after speaking to 4/5 different people and being told a number of different things (including that I never had movies in the first place!), the company are adamant that the HD Movie channels were on a 1 month trial basis and that I'd have to pay an extra £5 odd a month to get them. Not only that, I'd now have to pay £16 per month for the movies, instead of the £8 I had taken out on a 6 month contract.

Now I was never informed of a 1 month trial for the HD channels (plus they actually ran on our TV for 6 weeks) - when I took out the package I was under the pretense that we were getting ALL the movie channels.

Sky have now removed the movies channels now at my request (to me it seems pointless in not having the HD channels and I'm not prepared to pay £16 when I should be paying £8), but they won't let me out of my contract even though I was technically mis-sold their product and not advised of a trial. Sky say I should have had a mailshot in January regarding the HD Movies Trial but I never received it (I got a letter about my bill increasing though!).

Looking through Sky's contract it states that:

11. How long your Contract lasts

(a) You may end this Contract at any time including during the Minimum Term by giving us 7 days notice within 21 days of receiving notice from us if:
(i) we or SSSL tell you we are going to change these Conditions under Condition 10(b) and you reasonably consider that you would be materially disadvantaged by this; or
(ii) we withdraw any Sky Premium Channel, Stand-alone Premium Channel or premium bonus channel you chose; or
(iii) you reasonably consider that you would be materially disadvantaged by any reduction in the number of Channels within, or the level of service of, your chosen Basic Pack.


Also under section 3
(d) We may supply premium bonus, other additional Channels or Additional TV Services with your Option which you will not have to pay extra for. Their availability may depend on your entitlement. We can withdraw or change these Channels or Additional TV Services without giving you notice. We can also change any premium bonus additional Channels or Additional TV Services you are receiving into a Channel or service that you must pay for if you want to continue to receive it. If we do the latter in respect of a premium bonus channel during your Minimum Term you will continue receiving that Channel without payment until the end of your Minimum Term. If we introduce a charge for any additional Channel or Additional TV Service, we will tell you what charge will apply if you wish to continue to receive that Channel.


Now to me it feels like they removed a Premium Channel that I chose without informing me or my consent and have tried to make me pay for a Premium Channel during my Minimum Term even though it states that i'll continue to receive the channel without payment until the end of my minimum term.

They've breached their own contract right? So surely I can terminate my contract early now?

Any advice on this and dealing with Sky in general would be greatly appreciated!

Heinz

Not worth the hassle. Sky have very good lawyers.

gregg1

lauralouise90 wrote: »

Hi all,

Bit of an essay here so apologies.

I've been a Sky TV customer since June 2013, so my contract runs until June 2014. I have the Entertainment Extra+ and Sky HD+ package, plus Unlimited Broadband and the Phone Line... so I'm paying a chunk of money each month.

Just after Christmas we decided to add the Sky Movies package as it was offered to us for £8 for 6 months. We were told this included all the movies channels (SD & HD) and allowed us to watch 3D movies too.

Yesterday our HD Movie channels stopped working (the SD channels still worked).

When I called Sky and after speaking to 4/5 different people and being told a number of different things (including that I never had movies in the first place!), the company are adamant that the HD Movie channels were on a 1 month trial basis and that I'd have to pay an extra £5 odd a month to get them. Not only that, I'd now have to pay £16 per month for the movies, instead of the £8 I had taken out on a 6 month contract.

Now I was never informed of a 1 month trial for the HD channels (plus they actually ran on our TV for 6 weeks) - when I took out the package I was under the pretense that we were getting ALL the movie channels.

Sky have now removed the movies channels now at my request (to me it seems pointless in not having the HD channels and I'm not prepared to pay £16 when I should be paying £8), but they won't let me out of my contract even though I was technically mis-sold their product and not advised of a trial. Sky say I should have had a mailshot in January regarding the HD Movies Trial but I never received it (I got a letter about my bill increasing though!).

Looking through Sky's contract it states that:

11. How long your Contract lasts

(a) You may end this Contract at any time including during the Minimum Term by giving us 7 days notice within 21 days of receiving notice from us if:
(i) we or SSSL tell you we are going to change these Conditions under Condition 10(b) and you reasonably consider that you would be materially disadvantaged by this; or
(ii) we withdraw any Sky Premium Channel, Stand-alone Premium Channel or premium bonus channel you chose; or
(iii) you reasonably consider that you would be materially disadvantaged by any reduction in the number of Channels within, or the level of service of, your chosen Basic Pack.


Also under section 3
(d) We may supply premium bonus, other additional Channels or Additional TV Services with your Option which you will not have to pay extra for. Their availability may depend on your entitlement. We can withdraw or change these Channels or Additional TV Services without giving you notice. We can also change any premium bonus additional Channels or Additional TV Services you are receiving into a Channel or service that you must pay for if you want to continue to receive it. If we do the latter in respect of a premium bonus channel during your Minimum Term you will continue receiving that Channel without payment until the end of your Minimum Term. If we introduce a charge for any additional Channel or Additional TV Service, we will tell you what charge will apply if you wish to continue to receive that Channel.


Now to me it feels like they removed a Premium Channel that I chose without informing me or my consent and have tried to make me pay for a Premium Channel during my Minimum Term even though it states that i'll continue to receive the channel without payment until the end of my minimum term.

They've breached their own contract right? So surely I can terminate my contract early now?

Any advice on this and dealing with Sky in general would be greatly appreciated!

I have a similar problem and have today been told by a Which Solicitor that Sky are in fundamental breach of contract and as such I am entitled to terminate my contract without notice or penalty. The Ombudsman was very helpful as well.

Strangely when I informed Sky they immediately resolved the issue in my favour but it was only when I asked for a deadlock letter to send to the Ombudsman that they put things right. It has taken all of yesterday and most of today to get my issue resolved. They are having huge issues at the moment regarding them removing a lot of peoples' HD channels mid contract and asking them to pay extra for it. They may have good lawyers but if they are in the wrong and enough people make a fuss it can be enough for them to back down on their arrogant stance with customers.

lauralouise90

Gregg that's brilliant. Thank you

3card

And I thought it was just me!!


June 2013 I talked into staying with Sky by an offer of an HD package and a new HD box so I could use the on demand services.
I noticed yesterday that I wasn't getting the Sky Sports in HD so I have been chatting with the sky online chat and was informed that the HD 'free trial period' ended on 4th February.
I was offered the HD for £6.25 per month which I declined.


I was given a link to send an email to them asking for a member of the call listening team to listen to the offer I was given


Im not hopeful this will get resolved and I will be leaving sky in june after my 12 months......or maybe sooner

jm2926

This has happened to me with the sport HD channels this weekend.

3card

jm2926 wrote: »

This has happened to me with the sport HD channels this weekend.

Were you aware that you only had sports HD channels for the 'trial period'??

jm2926

3card wrote: »

Were you aware that you only had sports HD channels for the 'trial period'??

No. Customer services logged a complaint for me then said no one would get back to me as it was for feedback only. At the time when I changed packages I had a long conversation with them to try and understand the options and trial wasn't mentioned at all.

I'm not spending any more time or energy on it as the sports are for DH so he can chase it if he wishes. He seems fairly resigned to no hd.

As it's mostly sky channels we watch we're stuck with them.

MataNui

There is a pretty simple way to deal with Sky regarding upgrades. They always have the live chat on the order page so use that rather than phoning. Ask all the questions and describe exactly what you believe the charges will be then get them to confirm. That way if it turns out to be anything other than what you expect its a simple case of mis-selling and you get the contract cancelled without penalty.

3card

I have been exchanging emails with sky all week over my complaint and the main point I have asked them is that someone from the 'call listening team' listens to my call when I upgraded in June.


All they keep coming back to me with is the usual 'all our agents read our usual crap to you when you upgrade'


I really cba arguing with them over this and at least they have confirmed I can give notice of my cancellation at the end of May.


At least my cancellation wont be an idle threat this time

Buzby

The fundamental issues is misunderstanding - hardly unusual when the consumer gas to rake on board a great number of variations of what thy actually want, and the 'bonus' bolt ons that are simply teasers and will disappear within a short time, the consumer bring unable to differentiate between what they have actually ordered and paid for.

Without recording the call yourself you are at a distinct disadvantage. Sure, staff may missell but proving it is difficult. I took Sky to court and they settled just before the case called - but make no mistake, they do defend, and they also can wreck a credit file without any need for court action.

I would never, ever give them my custom - but for those that do, keep your own records and transcripts. The chasing from DCA's is fully automated so your time and patience will be sorely tested.