Sky Protect harassment

jimpix12

Hi all,

I signed up for the Sky Protect 6 month plan as my Sky box was faulty a month or so ago. The engineer came out 4 days later and the next day I cancelled the DD. This was my intention all along, as I hadn't sign any Credit Agreement and checked their T&Cs online to make sure I could cancel under the Cooling Off/Distance Selling regulations (I signed up via phone). And I'm certainly not paying £65, the thieving so-and-sos.


I thought all was done and dusted but now I am getting letters and phonecalls from D&G.... I wrote back citing the above a few weeks ago but have lost the recorded delivery number (doh).

Should I send another one as they are still harassing me by letter and phone or should I just report them to some sort of Ombudsman or regulator?

I've told the idiotic person at D&G that I am not paying it so he is wasting his time. They are getting on my nerves now.

teddysmum

I believe that the cooling off period does not apply when you have actually used the service.

macman

You have not cancelled, because cancelling your DD does not void the contract. If you did not cancel by phone or letter as required, then the contract remains in place. If you are no longer within the DSR period, then you are in contract for the minimum term.

jimpix12

As per my post above, I did cancel by post within the period. I am wondering what will happen if they turn around and claim they didn't receive the letter.

macman

There was no clear reference in your original post to the point at which you cancelled, or whether this was within the period allowed under CCR: 7 days.

teddysmum

macman wrote: »

There was no clear reference in your original post to the point at which you cancelled, or whether this was within the period allowed under CCR: 7 days.

But within that 7 days (day 4) the service was used, so wouldn't that void any rights to cancel ?


You couldn't insure a car, claim for crash damage on day 4 and then cancel , as it served its purpose, although insurance does have a cooling off period.

Chino

Post deleted.

jimpix12

There seems to be a lot of confusion so let me clarify.

The Sky Protect T&Cs are here: http://www.skyprotect.com/pdf/sky-protect-terms.pdf

It clearly says there is a 14 day period to cancel. It then says if the cancellation comes after 14 days then a fee will be due. As I cancelled within 14 days, no fee is due.

I have no idea where the 7 day period mentioned above is from, but it isn't relevant here per their own T&Cs it would appear.

I cancelled within the 14 days by letter. I have lost the proof of postage for this letter, although Sky/D&G haven't actually asked me for it. They are just harassing me by phone telling me to pay, and rejecting my response that I have cancelled their service as I am entitled to do.

I have written another letter today and retained Proof of postage. What I am asking is, what will happen if Sky/D&G turn around and say this 2nd letter has arrived too late and then ask for proof of the earlier letter. Hopefully they won't, but given the attitude of their obnoxious call centre staff I wouldn't put it past them.

Chino

teddysmum wrote: »

But within that 7 days (day 4) the service was used, so wouldn't that void any rights to cancel ?

Not according to clause 5 of the Sky Protect Policy Terms and Conditions ("http://www.skyprotect.com/pdf/sky-protect-terms.pdf"):

5. Cancellation Rights
a. Your cancellation rights
i. You may cancel the Sky Protect Policy at any time
within 14 days from receipt of your documentation or from the start date of the policy, whichever is later (the “Cooling Off Period”) and you will receive a full refund.
ii. After the Cooling Off Period you may cancel the Sky
Protect Policy by giving us 14 days’ notice and the following will apply:
- if you have received an onsite visit or any replacement of Sky Equipment under the Sky Protect Policy no refund will be paid and any unpaid Premium will become due and payable; and
- if you have not received an onsite visit or any replacement of Sky Equipment under the Sky Protect Policy, the part of your Premium relating to the remaining full months of the Sky Protect Policy will be refunded. If you pay by Direct Debit instalments, we will only refund any payments of Premium that you have made for the unexpired period of your Sky Protect Policy.

So, according to clause 5, the right to a refund is not forfeited if a claim is made on the policy before the cooling-off period ends.