Taking sky to court

Cornucopia

I agree with the comments above. This is one for the CEO team, not the courts. I expect the CEO team will wave their magic wand, waive the fees and all will be well.

The chances of taking this through the Courts successfully are minimal, I would say. You may get lucky in the Small Claims process if it goes undefended, but your likely outcome is in the £10s, not £1000s.

In no particular order...

- Line speeds are estimates, and they are not contractual.

- A line speed estimate is not advertising as such.

- Advertising in the UK is subject to a self-regulation framework under the ASA. (So no concept of an offence of false advertising).

- People get hassle from companies all the time. They can claim for the reasonable costs of dealing with that hassle.

- Under the circumstances of being a completely new customer, I think you do have good grounds to expect the entire package you were sold to work in its entirety, and they should either fix it or release you from the whole package without cost. I'm sure that this will end up being the outcome.

arsat

yes, but i dont want to be paying fopr two services at once! what if i take a bundle with Virgin, and sky keeps sending me in circles without resolving the issue!

arsat

Cornucopia wrote: »

I agree with the comments above. This is one for the CEO team, not the courts. I expect the CEO team will wave their magic wand, waive the fees and all will be well.

The chances of taking this through the Courts successfully are minimal, I would say. You may get lucky in the Small Claims process if it goes undefended, but your likely outcome is in the £10s, not £1000s.

In no particular order...

- Line speeds are estimates, and they are not contractual.

- A line speed estimate is not advertising as such.

- Advertising in the UK is subject to a self-regulation framework under the ASA. (So no concept of an offence of false advertising).

- People get hassle from companies all the time. They can claim for the reasonable costs of dealing with that hassle.

- Under the circumstances of being a completely new customer, I think you do have good grounds to expect the entire package you were sold to work in its entirety, and they should either fix it or release you from the whole package without cost. I'm sure that this will end up being the outcome.

Thanks, yes all I want is to cancel the complete package at the first intance, but sky wont let me and I have been on the calls for so long, all the inconvenience and all. Regarding speed, they give you the minimal and max speed that you can expect, advertising 1.4 as minumum and receiving 0.3 is not acceptable.

As the two sky departments are in complete disagreement with each other and keep sending me in circles, its becoming very frustrating for me. I have sent an email to the CEO and a letter of complaint. If this does not get resolved, I will be taking them to court and would aslo ask for refund I think

jem16

arsat wrote: »

yes, but i dont want to be paying fopr two services at once! what if i take a bundle with Virgin, and sky keeps sending me in circles without resolving the issue!

There are many people who take phone and BB with Virgin and Sky for TV but the choice is yours.

The Executive team should sort this out with no issues at all.

arsat

yes, but I am not very particular about TV, I just want to take a bundle with one company as it works out cheaper.

alleycat`

If Sky are behaving correctly then the speeds you have been quoted are the 80th and 20th percentile figures.

These are not a maximum and minimum value but the values they are obliged to quote by ofcom code of practice.

In your case as you are likely in the lowest 10th percentile you are covered by the following:-

"A 'minimum guaranteed access line speed' should be defined as at least the 10th percentile of 'similar customers'. If speed falls below this, then the ISP must take steps to resolve the problem. If they cannot do so, then customers should be given the opportunity to leave the contract immediately and without penalty, if it's within the first three months of the service."

In my view this will only apply to your BB service / telephony service and will not cover your TV package.

You do have an "opening" in as much as if the agent who sold you the product didn't make it clear the speed was 80th and 20th percentiles as opposed to "Maximum and Minimum" then that could potentially be classed as miss-selling and might sway an executive team to waive the TV fee also.

arsat

I was definitely missold as the adviser did not explain this. I specifically asked him if the speed would be enough to stream videos and movies, and he said definitely yes. My phone automatically records calls and I can actually pull out the recorded call to use as evidence.

About the TV, the On-demand services are linked to broadband and on-demand services not working is another issue.

Being missold th eproduct, can i not ask for compensation, or am I being too greedy?

JJ_Egan

You can ask for compensation but they have no obligation to pay .
As to court you would need some very clear facts not assumptions to make a case .

alleycat`

Apart from messing you about a bit i'm not sure what other compensation you think you are entitled to.
Possibly the cost of the phone calls and your time, if you can substantiate the "cost" but i doubt you'd get very far.

My view is if you get out of the contract clear and free then apart from a bit of wasted time on the phone you haven't lost much of anything.

arsat

Well, I bought an entertainment bundle, including sky broadband. My wife and my kid has not been able to use internet for anything except minor browsing. You know like watching videos or movies online. Its so slow that we can hardly use it to read emails or play music. So has my family not lost out on entertainment for the "entertainment package" we have been paying for?. Being a sold bread winner and short on cash, i work very very hard to provide for my family and want to give them everything I can. But when big companies like SKY come and take money without providing the services they promised, is not fair at all.