Sky 12-month contract

A couple of years ago I was tempted by Sky to upgrade my package; they gave me a special offer. The salesperson said that the monthy cost would be £52 and minimum contract & special offer period would be 12 months and that I would have to give 1 months notice to cancel. So I signed up.
After 11 months I wrote them to give notice that I did not want to carry on after the 12 month period as the special offer price would end. They refused to cancel saying that I had to let 12 months lapse before I could give notice. I told them that this was unfair as I would have to pay the higher price of £72 in the 13th month and in effect the contract became a 13 month minimum contract. They would not listen so I cancelled my direct debit. At the end of 12 months they switched off my services and started to send me demands for £72 for the 13th month. I stated to them that I will not pay for services that I did not receive. Further, I had not authorised nor contracted beyond 12 months at the higher price.
Well they lost a long standing customer as I did not revert back to my old package and refused to take any of their services.
They kept bombarding me with demands and threats. They even contracted debt collection agencies and a company called PDC who were very rude. I invited them to take me to court but they would not. In the end I got sick and asked for a recording of the salespersons original conversation as I wanted to take them to court for harrassment. Suddenly they dropped all the demands and threats. But no apology or debrief from Sky.
I am surprised that Sky are signing up these so-called 12 month contracts when in actual fact they are 13 month contracts (12 months at special offer price and then 1 month at the regular price). How do they get away with it?

Comments

  • daytona0
    daytona0 Posts: 2,358 Forumite
    Points:

    1. You said that you signed up "a couple of years ago" but that your contract was terminated within 13 months.... This means that you are raising an issue which is at least a year old? Why?

    2. Checking the website, I can't find any such offer (it might be there somewhere though) so it isn't possible to check terms and conditions for this offer

    3. The offer may well have clearly stated that cancellation can only be done after the first 12 months, thus putting you in the wrong. I'm only speculating, but given you haven't provided us a copy of the T's and C's you agreed then we don't know the particulars and thus can't really comment too much, and it would be unwise for anyone to say that either party is in the wrong.

    4. Sky is a good service, and paying 72 pound for an extra month in order to cancel should not necessarily be the end of the world. But that is more personal preference etc

    5. They switched off your services because you didn't pay. This is common practice with all major companies, and I would imagine that they are legally allowed to do this (although I don't personally know if this is the case). Ultimately you didn't pay, so you don't get sky. See point 6 for advice if sky were the ones in the wrong.

    6. If they have acted inappropriately then YOU take them to court!! Get the transcripts of every call and jot down everything you have paid out for in relation to THEIR mistake (keyword being THEIR). Bank fees, payment of services, loss of services/enjoyment etc. At a guess I would say either 3 months free service, or maybe 72-100 pound reimbursed.... depending on the circumstances.
  • Without getting drawn into the legalities of not being able to serve notice during the contractual period.....

    Having had similar deals from Sky in the past, whilst you cannot cancel during the extended contract period you can change the services you receive from them and so could have, with the notice, asked to go back to your normal service level so that the enforced 13 month was back at your regular price and not £72
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    daytona0 wrote: »
    3. The offer may well have clearly stated that cancellation can only be done after the first 12 months, thus putting you in the wrong. I'm only speculating, but given you haven't provided us a copy of the T's and C's you agreed then we don't know the particulars and thus can't really comment too much, and it would be unwise for anyone to say that either party is in the wrong.


    I believe its already been dealt with by the high courts and found to be unfair - as it effectively makes the minimum period 13 months.

    On a different note, don't you pay for services up front with sky like you do with virgin? IE when my monthly bill is produced this month, I'll be paying for any calls/extras from last month but the service charges will be for next months.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • frugal_mike
    frugal_mike Posts: 1,687 Forumite
    There is a good chance that it could be ruled an unfair term to force customers on a 12 month minimum term to pay for 13 months. To me it is completely unintuitive. Of course this is assuming it was described in such terms.
  • akkers
    akkers Posts: 274 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    Actually they took the payment for month 12 as was sending notice (beginning of the month). So they would have taken the direct debit for the 13th month at the beginning of the next month. Anyway I managed to cancel it and avoided paying for the 13th month.
    The special offer deal was done on the phone. The salesman who pursuaded meto sign up to the special offer said:
    1. minimum contract 12 months
    2. One months notice required to cancel
    3. After 12 months cost will go to regular price

    To me this means that I had pay for 12 months at the special offer price and that I could cancel as long as I gave one month notice. So I was entitled to give notice after 11 months. At the time of the sale there was no mention of when the notice could be given; this was brought to my notice. Had I know that I would be forced to take the service at the higher price for month 13 as well I would have never signed up.
    You cant just make a 12 month contract into a 13 month one by manipulating words; expecially by keeping the consumers in the dark on T&Cs.
    I am surprised they have not been fined by the watchdogs.
  • fozmcfc
    fozmcfc Posts: 3,098 Forumite
    Part of the Furniture Combo Breaker PPI Party Pooper Debt-free and Proud!
    I have a similar offer from them, due to end in March, or very early April, so I will have to watch out.


    It's 12 months fibre broadband, with no sky line rental charges. After 12 months, they will start charging for the line rental.


    The guy did say to me, to ring near the end of the 12 months and if I could get it cheaper elsewhere, they would look at matching/beating it.
  • iSaving
    iSaving Posts: 117 Forumite
    Ninth Anniversary 100 Posts Combo Breaker
    I was forced to change phone service and broadband to Sky last January as Be Broadband had been bought out by them. I never wanted to change, but they offered such a great deal, it was silly not to. Needless to say the service wasn't a patch on Be's and I subsequently called them to cancel my phone, broadband and TV in December.

    The TV I have had for at least 12 years, the phone & broadband was only in it's 11th month. There was absolutely no question of them not cancelling the service or charging me for a 13th month. The call was handled efficiently and I was told I would be disconnected at the end of the 12 month period in January as expected. I'm not sure why they would do this with telecoms, but not with TV but it definitely sounds like you've would have a case - except you say they've dropped the matter?

    Have you checked your credit report? Have they put a marker on that for non payment? If not, I would just leave it personally. Despite the hassle, you've achieved what you wanted.
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