Legality of Sky Contact?

We agreed to a new contract with Sky in May 2017. We received this email which, presumably, is the basis for the contract.

Hello xxxx,

I'm writing to confirm that you have agreed to take up our fantastic offer of:

Sky TV (discounted by £16.50 per month, with remaining duration of 12 months)

We also wanted to remind you that as part of this offer, you've agreed to a new minimum term for the products listed in the table below:

Subscription New min. term Start Date New min.term commitment

SKY TV 17/05/17 12 months

If you decide that you no longer wish to keep this offer, you need to let us know any time within 31 days from when the offer is applied (the 'cooling off period'). If you do this you will be put back in the same position you were before you accepted this offer. As you agreed to your services continuing to be provided during this period you will need to pay us an amount which is proportionate to the service provided up to the point you have told us you no longer wish to take this offer. After your cooling off period, to end your TV contract you'll need to give us 31 days' notice which cannot end before your new minimum term finishes. Early termination charges are payable if, during your new minimum terms (where applicable). your Talk?line Rental or Broadband contracts end )other than where you have a right to end them without charge under the terms and conditions) or we end your TV contract because you have breached your terms and conditions. These early termination charges will be calculated in the same way as in your "Minimum Term' set out in your contracts booklets). We will give you reasonable notice in writing before making any charge.

If you offer included an administration fee, this will appear on your next bill

We're sure that you'll continue to enjoy all the great services that Sky offer - if you need any further help, please visit Sky Help Centre.

Yours sincerely,

The Sky Team


We have just realised that Sky have been taking £21.60 per month, instead of £3.50 since May 2018.

Our argument is that we were not aware that we would be charged so much and that the email 'contract' is deficient as follows:

1. No mention at all of the contract being extended beyond the 12 month period.
2. No mention at all of what monies would be taken after the 12 month period.
3. No mention of what specific product e.g. Sky Original, Sky Variety was in the contract.

About 200 words in the email about what happens within the first 12 months, but NOTHING about what happens thereafter!?

Additionally, Sky's own Direct Debit guarantee policy states 'If there are any changes to the amount, date or frequency of your Direct Debit ..Sky...will notify you 30 days in advance of your account being debited. We did not receive any notification of such.

Additional info.

We cancelled our Sky subscription and our direct debit (Sky due to take another payment) as a result of this and I am considering getting the DD payments refunded.
I have spoken to Sky both UK And Indian based without success.
We did receive an email from Sky in the spring to say that the Original package would be going up by £1.60 pm.

Legally, do you think Sky have a case? And what should I do?
I realise the amounts are not massive compared with some but we are £80 out of pocket and it is the principle.

Thanks.

Comments

  • macman
    macman Posts: 52,955
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    edited 16 August 2018 at 11:23AM
    You did not agree a 12 month contract. You agreed a contract with a 12 month minimum term, and with a discount for the whole minimum term. After that 12 months, the discount ceases, and the contract continues until such time as you give your 30 days notice. That is made perfectly clear in your quote from Sky.
    After your minimum terms ceases, you can either give notice, accept the new rate, or negotiate a better one (the latter being the norm for MSE-ers).
    Absolutely standard telecom contract terms. No one just cuts you off after 12m.
    PS: nor is it a fixed price contract: only the discount is fixed. hence the email in the spring advising of an increase. At which point you had 30 days to leave without penalty if you wished to.
    By cancelling your DD you are simply risking that your credit history will be trashed for the next 6 years.
    No free lunch, and no free laptop ;)
  • Absolutely spot on by @macman.

    It actually states "minimum term" around 7 times in various places in the email, did you really think it would just switch off in May?

    If you've already cancelled the DD with another payment to be paid then you've already made a rod for your own back and you need to contact them to reinstate it. You have no comeback whatsoever against Sky.
  • DCFC79
    DCFC79 Posts: 40,595
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    edited 16 August 2018 at 12:40PM
    MacManus has it spot on, it's the same with Virgin or 1 of the phone networks.
  • pmduk
    pmduk Posts: 10,655
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    So why have you been using Sky once your contract 'expired' (in your mind).

    The letter appears a very clear summation of the new minimum period of contract that you entered in May 2017, together with a reminder of the limited nature of the discount you were receiving for entering that new minimum period.
  • macman
    macman Posts: 52,955
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    DCFC79 wrote: »
    MacManus has it spot on, it's the same with Virgin or 1 of the phone networks.

    Auto-correct strikes again?:D
    No free lunch, and no free laptop ;)
  • DCFC79
    DCFC79 Posts: 40,595
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    macman wrote: »
    Auto-correct strikes again?:D

    Lol
    Damn that auto correct.
  • brewerdave
    brewerdave Posts: 8,482
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    macman wrote: »
    Auto-correct strikes again?:D


    MacManus ? Presumably he was wrestling with the keyboard:D
    (Apologies to younger readers!!:rotfl:)
  • pmduk
    pmduk Posts: 10,655
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    Don't apologise, it will have gone way over their heads!
  • waamo
    waamo Posts: 10,298
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    brewerdave wrote: »
    MacManus ? Presumably he was wrestling with the keyboard:D
    (Apologies to younger readers!!:rotfl:)

    Are you taking the Mick?
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