Sky have charged me twice for months and won't give me refund.

bod1467

Except the other set belong to the existing, expected Sky account. The incorrect set relate to a Sky account that is (should be, and OP thought was) cancelled.

unholyangel

bod1467 wrote: »

Except the other set belong to the existing, expected Sky account. The incorrect set relate to a Sky account that is (should be, and OP thought was) cancelled.

Thats not the way I read it. If thats the case though, they can't transfer credit from one account to another.

ETA: way I read it its one sky account that OP originally had set up to take reoccurring card payment. They then set up direct debit (possibly as reoccurring card payments don't usually qualify for the DD "discount" given by providers) but the company didn't cancel the CPA.

neilmcl

miamidice wrote: »

They say it's in the terms they can do this for over payments, but they've taken money twice each time for months!

But these aren't overpayments, they are incorrect payments. As stated contact Sky by post and demand a full refund of all funds taken from the savings account or you'll take legal action to recover it.

bod1467

unholyangel wrote: »

Thats not the way I read it. If thats the case though, they can't transfer credit from one account to another.

ETA: way I read it its one sky account that OP originally had set up to take reoccurring card payment. They then set up direct debit (possibly as reoccurring card payments don't usually qualify for the DD "discount" given by providers) but the company didn't cancel the CPA.

I agree it's a little ambiguous the way the OP has described it. Only OP can tell us for sure.

This still doesn't really change the advice though.

littlerock

Can you not cancel both payments until such time as your credit is used up?

Sicard

littlerock wrote: »

Can you not cancel both payments until such time as your credit is used up?

In theory that's the best route. But knowing these scoundrels they would put a bad credit rating on your records for non-payment.

I would write to them demanding that they cancel payments from your savings account and to refund the incorrect payments. Give them a reasonable amount of time to respond (14 working days?). Send the letter to a specific person signed for. If no response take them to the small claims court. They would have to pay your costs, theirs, plus the amount they have illegally taken (a company can't simply take money for something for nothing even if it's in their TCs and say it's an overpayment). They would also have a CCJ against them. I would mention this in the letter.

[Deleted User]

There is no need to go to court over this, nor even to threaten court action. A simple letter of complaint will suffice, just as I advised at post #5 of this thread. As the OP has been with Sky almost a year, the only "threat" he need make is that he will cancel completely at the end of the minimum term, at which time Sky will have to refund his credit anyhow.

Sky will be far more concerned about the potential loss of custom...

unholyangel

Laurie_Sicard-Askey wrote: »

In theory that's the best route. But knowing these scoundrels they would put a bad credit rating on your records for non-payment.

I would write to them demanding that they cancel payments from your savings account and to refund the incorrect payments. Give them a reasonable amount of time to respond (14 working days?). Send the letter to a specific person signed for. If no response take them to the small claims court. They would have to pay your costs, theirs, plus the amount they have illegally taken (a company can't simply take money for something for nothing even if it's in their TCs and say it's an overpayment). They would also have a CCJ against them. I would mention this in the letter.

1) You cannot address an LBA to a specific person and then take court action against the company. Well you could, but you'll likely not have costs awarded due to failure to comply with the pre-action protocol. But you really should address the LBA to the legal entity you will be filing against.

2) Only limited costs are claimable in the small claims track and since lord jacksons reform, its no longer enough that the costs are necessary/reasonable, they also have to be proportionate.

3) There would be no CCJ unless a judge ruled against them AND they failed to pay the amount awarded within the time limit set by the court (usually about a month).

4) Even if theoretically they did put a note on OP's credit history for non-payment (which is unlikely as their account would be in credit so no payment would be due) OP could then dispute it, have it removed and they may also be liable for compensation and/or the OP's losses.

peachyprice

littlerock wrote: »

Can you not cancel both payments until such time as your credit is used up?

This is the way Sky usually operate, if there is credit on the account they automatically use that before any DD payment is taken.

However, as mentioned above by unholyangel in post #8, the fact that this hasn't happened implies something other than a simple double payment is awry with the account(s).

[Deleted User]

peachyprice wrote: »

T
However, as mentioned above by unholyangel in post #8, the fact that this hasn't happened implies something other than a simple double payment is awry with the account(s).

Yes, advice based only on available information. Odd that two payment methods were used in the first place; suggesting possible earlier arrears.