BT overcharged MIL for 2 years but refuse to refund full amount

Temrael

Hi all,

I'm looking for a bit of advice please, we're helping our elderly MIL try to resolve a historic billing issue with BT. 

She signed a two year contract in September 2023 for fibre, however due to a failure at BT's end, her billing was never updated. It turns out she's been paying an out of contract price since that point. This means she's been overcharged by more than £10pm for 24 months (so is owed around £240).

MIL is not great with paperwork/money and didn't spot this herself. She's in her late 70s but due to a brain injury several years ago isn't always across the detail of things. It only came to light in June of this year when BT wrote to say "did you know you're out of contract?". She brought the letter to us, and since then we've been helping her look into this and pursue it with BT.

Unsuprisingly, BT have been absolutely awful on the phone and treated us like idiots even though we have full evidence of the contract signed, email confirmations etc. We've been told (erroneously) that no so contract exists from back then and to "go to Sky then".

Seperately, we have now got her on a new contract at BT that's she's happy with, so the overbilling problem isn't getting any worse. We did make it clear at the time that this was inspite of this existing, seperate complaint.

Anyway, we thought we were finally getting somewhere this week when (via Resolver) we got this escalated to BT's Executive Complaints team. 

They have now finally admitted the problem was entirely their end, apologised for our experience all the time we called in and offered £50 compensation for the hours we've spent trying to resolve this. But they say they will only refund 1 year of the historic billing.

We've pushed them on this, and this is their final offer. Their position is essentially "well, you're half to blame, as you didn't spot it".

This seems quite unjust, as it'll mean BT will get to keep a year's worth of overcharging. To my mind, MIL's only fault appears to be assuming that BT would honour a contract and could bill competently.

So our next steps would appear to be Ofcom or Small Claims, I guess?

I'm no expert but it seems a fairly black and white case of breach of contract (which BT fully admit, they just don't want to pay it all out).

What do people think our chances of getting the full 24 months overbilling refunded if we were to take it to Ofcom or Small Claims?

And which would be the better route?

If we're really on a hiding to nothing then I guess we'd consider taking the offer, but it feels both morally and legally wrong to be in that position (but as I totally admit, I'm no expert).

And just finally, we'll be encouraging her to consider an LPA too, as we could have probably headed this off earlier if we were giving a bit more support with banking etc.

Thanks a lot for any insights on a way forward and chances of success,

Andy

the_lunatic_is_in_my_head

Usually when contracts end you tick over to a rolling monthly contract on the same price, unless you phone up and sign a new contract for a better deal.

I'm don't think (although happy to be corrected) there is any obligation for companies to behave otherwise so would say take the 1 year offer  

Temrael

Thanks, as I say though, we did formally phone in and enter a new contract in September 2023.

We have copies of the contract and confirmation emails, and BT agree that we should have been charged the agreed price for the full 2 years.

It was only a systems error their end that prevented them honouring the new contract price.

They fully admit their mistake, they only want to pay for half of it though.

Aylesbury_Duck

Once you've exhausted their complaints process, go to Ofcom.

Temrael

Aylesbury_Duck said:

Once you've exhausted their complaints process, go to Ofcom.

Thanks a lot, do you think there's a reasonable chance of getting the full two years via that route?

the_lunatic_is_in_my_head

Temrael said:

Thanks, as I say though, we did formally phone in and enter a new contract in September 2023.

We have copies of the contract and confirmation emails, and BT agree that we should have been charged the agreed price for the full 2 years.

It was only a systems error their end that prevented them honouring the new contract price.

They fully admit their mistake, they only want to pay for half of it though.

Sorry lazy reading on my part  

In that case you could ask the Executive team to put it over to their manager, BT make the process as time consuming as possible in the hope you will give in and settle for less.

If not you have Ofcom or letter before action and small claims.  

Temrael

the_lunatic_is_in_my_head said:

In that case you could ask the Executive team to put it over to their manager, BT make the process as time consuming as possible in the hope you will give in and settle for less.

If not you have Ofcom or letter before action and small claims.  

Thanks a lot, they seemed to be suggesting it can't be escalated further internally. The lady from Executive Complaints said...

"If you do remain unhappy, this would mean we’ve reached an impasse and would need to send you our final position to allow you to escalate your complaint outside of BT, to the Communications Ombudsman for an independent review."

Do you think it might still be worth asking for review by a manager? Or ask for the final position and go Ofcom?

And do you think Ofcom would be likely to side with BT, or MIL under these circumstances?

Aylesbury_Duck

I'd ask for the final position.  Doing so may just prompt a different response, because as I understand it, BT would have to pay a fee to Ofcom if they get involved.  As I read it, their offer at the moment is £170 of the £240 - half of the overcharge plus £50 goodwill, so your MIL would be £70 "down".  It may be more economical for them to stump up the additional £70 than have it go to Ofcom.

No one will know how Ofcom will rule on this, but based on your description of events it seems that she's been overcharged.

Temrael

Aylesbury_Duck said:

No one will know how Ofcom will rule on this, but based on your description of events it seems that she's been overcharged.

Ahh ok understood.

I wondered if there was any sort of precedent in terms of how far back Ofcom are allowed to go on historic issues.

brianposter

BT bureaucracy appear to avoid paying refunds as a matter of principle. You simply have to persist and BT usually pay out when it is clear that someone else is going to be involved.

They are a dreadfully managed company.

Grumpy_chap

Temrael said:

Thanks a lot, they seemed to be suggesting it can't be escalated further internally. The lady from Executive Complaints said...

"If you do remain unhappy, this would mean we’ve reached an impasse and would need to send you our final position to allow you to escalate your complaint outside of BT, to the Communications Ombudsman for an independent review."

Do you think it might still be worth asking for review by a manager? Or ask for the final position and go Ofcom?

And do you think Ofcom would be likely to side with BT, or MIL under these circumstances?

You do need that final position - often referred to as a "deadlock letter".
Asking for the deadlock letter might prompt a review by a more senior member of staff and / or a better resolution.
Normally, without the deadlock letter, the ombudsman / regulator would not consider your case.
Even if you went down the LBA route, the deadlock letter also demonstrates that you sought to reach an amicable agreement first.