Breach of contract?

koala17

I recently undertook an upgrade on my phone. There was no early upgrade fee. However, I had to pay £160 for the new handset on the plan. I timed it, so the bill ended on the end of the current pay period for that month. 

The company didn't take the last direct debit from my account and took the monthly bill from the £160 handset fee instead.  

Now, this month, i have to pay amost of 2 months of bills in 1 month. 

I questioned why the direct debit wasn't taken as per the dates in the contract. And I was told that my bank had cancelled the direct debit for the month. I was concerned because I didn't authorise the direct debit to be cancelled. I talked to the bank, and they said the direct debit wasn't cancelled and the phone company didn't request the payment. 

So after 3 hours back and forth I was told that there was nothing they can do and I have to pay this massive bill this month which I haven't budgeted for.

My question is, if I didn't make a payment for a month, I'd be charged late fees, my phone could be cut off or I could get a ccj. For not making the payments as per the contract. 

Since they didn't take the right payment and didn't inform me. Is this a breach by the phone company of the contract and could I get compensation or ask for the contract to be terminated?

I've been with this company for over 10 years, I've never missed a payment. This is the first issue I've had however the customer service were rude, tired to place blame on my bank, then on a system fault. Offered no apology and were quiet rude. So I want to see what my options are since they don't value my business. 

Many thanks. 

flaneurs_lobster

So there's no incorrect billing in terms of the amounts, just the timings have changed for this one month? 

Sad to say, terms like "value my business" when dealing with this kind of utility company are meaningless. 

Are you aggrieved enough to want to move your business elsewhere? Might be difficult if you've just signed up for another handset/airtime deal with them. It was an upgrade so not a new contract so no cooling-off period to invoke.

Are you sure you could do better elsewhere? Is the coverage and or service with another supplier going to be any better?

Trying to prove breach of contract (which I'm not sure there has been) and get a cancellation, together with you having to return a no-longer new phone will be a bunch of hassle and might take months.

Personally I'd just rant at the internet and then suck it up.

born_again

I have to pay this massive bill this month which I haven't budgeted for.

Did you not notice that the previous month bill had not been taken & either query it with them or put the amount on one side?

In effect you are paying nothing more than you would have been over the 2 months?

koala17

Thanks both for your responses. I'd be happy to return the phone and go to another company.

born_again said:

Did you not notice that the previous month bill had not been taken & either query it with them or put the amount on one side?

In effect you are paying nothing more than you would have been over the 2 months?

No I didn't notice. I've been saving money as I have just landed in Australia. So I was moving money from my bank into my savings. I just assumed the direct debit had come out as normal. 

Phoenix72

Failing to take a direct debit is not breach of contract. Never assume anything when it comes to paying bills. Lesson learnt, pay more attention to your bank balance

d123

koala17 said:

Thanks both for your responses. I'd be happy to return the phone and go to another company.

born_again said:

Did you not notice that the previous month bill had not been taken & either query it with them or put the amount on one side?

In effect you are paying nothing more than you would have been over the 2 months?

No I didn't notice. I've been saving money as I have just landed in Australia. So I was moving money from my bank into my savings. I just assumed the direct debit had come out as normal. 

But you haven’t paid any extra?

Handset price + monthly bill is the same whichever way they decided to take it. Did you not keep a track of your spending and then spend the extra money that would still have been in your account?