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This is a case that I have won
I have posted it for others who it may help
Following are my posts from another site regarding what happened
10th April 2007
I have had problems paying my phone bill and just checked my new e-bill and it has the following item on it
Penalty charge for termination of BT OP2 for BT OP1 offer £217.32.
I'm guessing that they are trying to charge me for a years line rental here?
The only thing i can remenber is that i changed to sky broaddband from BT and they offered to reduce my line rental, so i let them. I had no details given to me about any penalty clauses or any limits, and i just thought it was a good will offer to stop me leaving them and using Sky instead.
There is no way i'm going to pay them this money.
I haven't spoke to them yet as i wanted to see if anybody had any thoughts and any info i should be telling them
10th April 2007
They just offered to reduce my line rental so i wouldnt go with Sky, no mention of contract or otherwise.
Broadband still went to Sky though, so maybe they are just pee'd off about that and thought they would try to get sopme pennies back this way.
10th April 2007
After being on hold for 15 mins, i lodged a complaint online.
I think i am the 2040th person to lodge a complaint today (based on their ref number)..no wonder i can't get though....lol
12th April 2007
Got a response to my email as below
Dear Mr PKea,
Thank you for your e-mail regarding your BT Together Option. Please accept my apologies for the delay in replying to you and for any inconvenience this may have caused.
On receipt of your e-mail I would firstly like to apologise for any confusion that we may have caused when you received your final bill and in regards to the charges that have appeared on it.
I understand that previously you where on an older unlimited call package with BT and that you changed over onto one of our special offers that would provide you with the same discounted rate in calls for a lower price than what you where paying. This was the BT Together Option 2 package for the price of BT Together Option One package with an eighteen month term on it.
The charge that has appeared on your final bill is for the remainder of the term that you have not used. Unfortunately we can not supply this service unless the term has been agreed to before ordering the service. I will not be able to refund this amount to you for this reason as the order advises that the term was agreed to before the package was ordered.
I understand that this may be disappointing for you and I am sorry if you feel this way however, this term was agreed to.
If you should have any further queries please do not hesitate to contact us again via e-mail.
Thank you for contacting BT.
Yours sincerely,
Charlene Conway
eContact Customer Service
My response to this is going to be as follows:
Dear Charlene Conway
As stated in my initial complaint i did not agree to any contract term and as requested please supply proof of this in either a transcript of the telephone call or the recording.
If you are unable to provide this proof please refund these charges
Please note that this account is IN DISPUTE until this matter has been resolved.
Yours Faithfully
Mr PKea
15th April 2007
This is the latest response:
Dear Mr PKea
Thank you for your e-mail regarding the disputed charge. Please accept my apologies for the delay in replying to you and for any inconvenience this may have caused.
I would like to confirm that I have checked all our recordings on this date and unfortunately I am unable to find one for your account number. WhileI do not doubt the genuineness of this matter I would like to confirm that all BT advisor's are highly trained and when changing packages over for any of our BT customers we advise them of the terms and conditions for each individual package. If a package is ceased before the minimum term time is up there is a penalty charge. You would have been advised of this when you originally took up this offer on the 2nd of February. I am sorry to advise you that charges will be maintained.
Thank you for contacting BT.
Yours sincerely,
Marie Keenan
eContact Customer Service
SO no record eh?
I take it that its up to them to prove this now if they want me to pay?
16th April 2007
My response
Marie Keenan eContact Customer Service Ref: 10xxxxxx
RE: Complaint xxxxxxxxxxxxxxxx (xxxxxxxxxxxxxxxx)
I am dissapointed with your reply as well as BT's unprofesionalism in this
matter. As you cannot prove that your advisor informed me of any minimum
terms I request that you credit my account immediately.
Until this has been done this account is still IN DISPUTE.
I have sought advice on this matter from Consumer Action Groups and I will vigorously defend any attempt to enforce a condition which you cannot substantiate. I will take this matter to the court and let a judge decide if necessary.
17th April 2007
I no longer have any service with BT and i am just transfering to Post Office for my line rental
19th April 2007
Got a reply to my email (post#10) yesterday.
It said
Dear Mr PKea
Thank you for your e-mail dated 16/4/07 regarding the bill.
Please accept my apologies for the delay in replying to you and for any inconvenience this may have caused.
With regards to your e-mail, I am sorry to know that you are unhappy with the charges on the bill. I have forwarded this concern to the relevant department so that they will check all the records and to investigate it further. It will take few days to sort this matter.
In the meantime I would like to thank you in anticipation of your continued patience and cooperation.
If you should have any further queries please do not hesitate to contact us again via e-mail.
Thank you for contacting BT.
Yours sincerely,
Tanu Matta
Well i suppose ile just wait what they say next. I'm guessing that it will say the same as my other reply?
Its like going round in circles, you dont have one contact as each email i send goes to a different person.
How can they sort a problem properly if 3 (up to yet) have dealt (avoided) with my query.
23rd April 2007
Dum de Dum
Patiently Waiting
1st May 2007
Oh well, its now been 2 weeks since BT said that they would respond in a few days.
This is my letter i will sending out to them, as well as involving OFCOM.
Dear Tanu
It has now been 2 weeks since your response stating that it will take you a few days to sort this matter.
In light of this, it only reinforces my original disappointment in BT's unprofessionalism.
As you still cannot prove that your advisor informed me of any minimum terms and that I believe that your non response is an attempt on your behalf to stop any further dealings with this matter, I request that you credit my account immediately.
I will now be forwarding all copies of correspondance regarding this matter to OFCOM for them to look into this matter as well.
As stated in all previous corrspondance this acount is STILL IN DISPUTE until this matter is resolved and I will vigorously defend any attempt to enforce a condition which you cannot substantiate.
I will take this matter to the court and let a judge decide if necessary.
PKea
8th May 2007
Well I received a reply, or at least a response
Dear PKea
Thank you for your email dated 1/5/07 about re:Re: ACCOUNT IN DISPUTE Ref: xxxxxxxxxxxxxxxxx (xxxxxxxxxxxxxxM).
I am very sorry to hear of the difficulties you have experienced.
I am sorry you have not yet received any confirmation regarding this complaint. If you would forward this information to us with your account number and we can look into this for you again.
Once again please accept my apologies for the problems you have experienced with BT recently.
Thank you for contacting BT.
Yours sincerely,
Lydia Beetham
BT Customer Services
Brilliant organisation, can't even keep a log of their complaints!!!!
I dont know whether to respond with all their log numbers, tell them to find it themselves or just ignore them now
14th May 2007
Ha Ha
Got a letter from the 'PRE COURT DIVISION' of Moorcroft DCA at the weekend, the cheeky ba%^rds have added another £170 quidish onto the debt as 'clients cost'.
Also advised me that if i pay up, BT will let me have a pay as you go account with them.
lol, my line rental has gone to the Phone Co-Op!! no more BT
I couldnt ressit but phone Moorcroft on saturday and ask how they were going to take me to court without evidence that i agreed to it.
I also told them that i had it in writing from BT that BT didnt have the evidence as well.
They asked me to send all copies of the correspondance to them. I told them that as they were the pre court division they must have compelling evidence already in their possession.
And that I would produce my documentation when they take me to court.
I also asked for a full breakdown of the costs added before i woudl entertain paying them as well..
They hung up...
30th May 2007
Got another letter from the 'PRE COURT DIVISION' with bold letters stating 'NOTICE OF INTENDING LITIGATION'
blah blah blah
I'm going to send the cca letter to them with bold letters on 'NOTICE OF INTENDING COUNTERCLAIM' to match their letter as close as i can...lol
Also i have paid some of BT's money, the part i dont dispute, direct to BT.
I thinks its entertaining when you phone a dca and ask them to explain how they can take yu to court without any evidence, thay usually hang up there.
30th May 2007
I am trying to draft a letter along the lines of 'harrasment' and 'sending threatening letters designed to intimidate', but cant seem to get it started as of yet.
Think i will just put that i have written evidence form BT that states they have no record of me agreeing to any contract. Also i will state that I require a breakdown of their costs.
Another thing on their latest letter was a figure of £25 for obtaining 'Judgement by Default' .LOL they are a bit presumptious that i wont respond to court docs and get they have to apply for J by D
5th June 2007
Ok Then
I have decided to write one last letter to BT including a copy of all previous emails sent and recieved
To Whom it May Concern
You have proved beyond doubt to me that your organisation is unprofessional as it cannot even keep track of its complaints, let alone resolve them.
It seems that rather than dealing with the problem raised by your customer, you would rather ignore and send uninformative replies then just pass the account to a debt collector and wash your hands of the problem.
I will now only acept a full credit to my account of the amount in dispute.
This will be my final communication on this matter, and as stated on previous communications I will vigorously defend any court action by either yourselves or your appointed debt collectors.
PKea
Also i am teasing Moorcroft by making part payments of the amount I dont dispute direct to BT. I have quite a collection of 'You have paid BT direct. Pay us not BT' letters now.
8th June 2007
BT tried to call me last night, but I didn't answer, so I recieved this email
Dear Mr PKea
Thank you for your e-mail dated 5/6/07 regarding the penalty charges appeared on the bill.
I am sorry for the delay incurred in resolving your query.
I attempted to ring you this evening at 19:05 hrs on the mobile number 07xxxxxxxxxx that you have kindly provided, unfortunately there was no reply. I did however leave a brief message to explain that I had called.
I would humbly request you to write to me a daytime contact number (a mobile number or your work number preferably) to get in touch with you at any time of the day, so that the issue can be resolved without any further delay.
Alternatively, you can contact our Customer Services Department on 0800 800 150 (Working hours 7:30 AM to 10 PM, Monday - Saturday, 9 AM to 6 PM Sunday).
Thank you for contacting BT.
Yours sincerely,
S Thulaseedharan Kamala
eContact Customer Service
So I am just about to reply to this email stating that all correspondance relating will only be dealt with in writing.
You should have heard the voicemail message he left, took me and the wife ages to try and guess whether it was a recorded message or a real person. Glad i didnt try to talk to him cos i wouldnt have understood him anyway
8th June 2007
This is my reply
Dear Sirs
Please note that all correspondance regarding this matter to be in writing either by email or post,
I would be grateful if you could provide a direct email to a specific person who is going to deal with this problem all the way through, as each time i respond to one of your emails, someone new gets involved.
How you can have continuity of client care with that system is beyond me.
PKea
12th June 2007
I have posted it for others who it may help
Following are my posts from another site regarding what happened
10th April 2007
I have had problems paying my phone bill and just checked my new e-bill and it has the following item on it
Penalty charge for termination of BT OP2 for BT OP1 offer £217.32.
I'm guessing that they are trying to charge me for a years line rental here?
The only thing i can remenber is that i changed to sky broaddband from BT and they offered to reduce my line rental, so i let them. I had no details given to me about any penalty clauses or any limits, and i just thought it was a good will offer to stop me leaving them and using Sky instead.
There is no way i'm going to pay them this money.
I haven't spoke to them yet as i wanted to see if anybody had any thoughts and any info i should be telling them
10th April 2007
They just offered to reduce my line rental so i wouldnt go with Sky, no mention of contract or otherwise.
Broadband still went to Sky though, so maybe they are just pee'd off about that and thought they would try to get sopme pennies back this way.
10th April 2007
After being on hold for 15 mins, i lodged a complaint online.
I think i am the 2040th person to lodge a complaint today (based on their ref number)..no wonder i can't get though....lol
12th April 2007
Got a response to my email as below
Dear Mr PKea,
Thank you for your e-mail regarding your BT Together Option. Please accept my apologies for the delay in replying to you and for any inconvenience this may have caused.
On receipt of your e-mail I would firstly like to apologise for any confusion that we may have caused when you received your final bill and in regards to the charges that have appeared on it.
I understand that previously you where on an older unlimited call package with BT and that you changed over onto one of our special offers that would provide you with the same discounted rate in calls for a lower price than what you where paying. This was the BT Together Option 2 package for the price of BT Together Option One package with an eighteen month term on it.
The charge that has appeared on your final bill is for the remainder of the term that you have not used. Unfortunately we can not supply this service unless the term has been agreed to before ordering the service. I will not be able to refund this amount to you for this reason as the order advises that the term was agreed to before the package was ordered.
I understand that this may be disappointing for you and I am sorry if you feel this way however, this term was agreed to.
If you should have any further queries please do not hesitate to contact us again via e-mail.
Thank you for contacting BT.
Yours sincerely,
Charlene Conway
eContact Customer Service
My response to this is going to be as follows:
Dear Charlene Conway
As stated in my initial complaint i did not agree to any contract term and as requested please supply proof of this in either a transcript of the telephone call or the recording.
If you are unable to provide this proof please refund these charges
Please note that this account is IN DISPUTE until this matter has been resolved.
Yours Faithfully
Mr PKea
15th April 2007
This is the latest response:
Dear Mr PKea
Thank you for your e-mail regarding the disputed charge. Please accept my apologies for the delay in replying to you and for any inconvenience this may have caused.
I would like to confirm that I have checked all our recordings on this date and unfortunately I am unable to find one for your account number. WhileI do not doubt the genuineness of this matter I would like to confirm that all BT advisor's are highly trained and when changing packages over for any of our BT customers we advise them of the terms and conditions for each individual package. If a package is ceased before the minimum term time is up there is a penalty charge. You would have been advised of this when you originally took up this offer on the 2nd of February. I am sorry to advise you that charges will be maintained.
Thank you for contacting BT.
Yours sincerely,
Marie Keenan
eContact Customer Service
SO no record eh?
I take it that its up to them to prove this now if they want me to pay?
16th April 2007
My response
Marie Keenan eContact Customer Service Ref: 10xxxxxx
RE: Complaint xxxxxxxxxxxxxxxx (xxxxxxxxxxxxxxxx)
I am dissapointed with your reply as well as BT's unprofesionalism in this
matter. As you cannot prove that your advisor informed me of any minimum
terms I request that you credit my account immediately.
Until this has been done this account is still IN DISPUTE.
I have sought advice on this matter from Consumer Action Groups and I will vigorously defend any attempt to enforce a condition which you cannot substantiate. I will take this matter to the court and let a judge decide if necessary.
17th April 2007
I no longer have any service with BT and i am just transfering to Post Office for my line rental
19th April 2007
Got a reply to my email (post#10) yesterday.
It said
Dear Mr PKea
Thank you for your e-mail dated 16/4/07 regarding the bill.
Please accept my apologies for the delay in replying to you and for any inconvenience this may have caused.
With regards to your e-mail, I am sorry to know that you are unhappy with the charges on the bill. I have forwarded this concern to the relevant department so that they will check all the records and to investigate it further. It will take few days to sort this matter.
In the meantime I would like to thank you in anticipation of your continued patience and cooperation.
If you should have any further queries please do not hesitate to contact us again via e-mail.
Thank you for contacting BT.
Yours sincerely,
Tanu Matta
Well i suppose ile just wait what they say next. I'm guessing that it will say the same as my other reply?
Its like going round in circles, you dont have one contact as each email i send goes to a different person.
How can they sort a problem properly if 3 (up to yet) have dealt (avoided) with my query.
23rd April 2007
Dum de Dum
Patiently Waiting
1st May 2007
Oh well, its now been 2 weeks since BT said that they would respond in a few days.
This is my letter i will sending out to them, as well as involving OFCOM.
Dear Tanu
It has now been 2 weeks since your response stating that it will take you a few days to sort this matter.
In light of this, it only reinforces my original disappointment in BT's unprofessionalism.
As you still cannot prove that your advisor informed me of any minimum terms and that I believe that your non response is an attempt on your behalf to stop any further dealings with this matter, I request that you credit my account immediately.
I will now be forwarding all copies of correspondance regarding this matter to OFCOM for them to look into this matter as well.
As stated in all previous corrspondance this acount is STILL IN DISPUTE until this matter is resolved and I will vigorously defend any attempt to enforce a condition which you cannot substantiate.
I will take this matter to the court and let a judge decide if necessary.
PKea
8th May 2007
Well I received a reply, or at least a response
Dear PKea
Thank you for your email dated 1/5/07 about re:Re: ACCOUNT IN DISPUTE Ref: xxxxxxxxxxxxxxxxx (xxxxxxxxxxxxxxM).
I am very sorry to hear of the difficulties you have experienced.
I am sorry you have not yet received any confirmation regarding this complaint. If you would forward this information to us with your account number and we can look into this for you again.
Once again please accept my apologies for the problems you have experienced with BT recently.
Thank you for contacting BT.
Yours sincerely,
Lydia Beetham
BT Customer Services
Brilliant organisation, can't even keep a log of their complaints!!!!
I dont know whether to respond with all their log numbers, tell them to find it themselves or just ignore them now
14th May 2007
Ha Ha
Got a letter from the 'PRE COURT DIVISION' of Moorcroft DCA at the weekend, the cheeky ba%^rds have added another £170 quidish onto the debt as 'clients cost'.
Also advised me that if i pay up, BT will let me have a pay as you go account with them.
lol, my line rental has gone to the Phone Co-Op!! no more BT
I couldnt ressit but phone Moorcroft on saturday and ask how they were going to take me to court without evidence that i agreed to it.
I also told them that i had it in writing from BT that BT didnt have the evidence as well.
They asked me to send all copies of the correspondance to them. I told them that as they were the pre court division they must have compelling evidence already in their possession.
And that I would produce my documentation when they take me to court.
I also asked for a full breakdown of the costs added before i woudl entertain paying them as well..
They hung up...
30th May 2007
Got another letter from the 'PRE COURT DIVISION' with bold letters stating 'NOTICE OF INTENDING LITIGATION'
blah blah blah
I'm going to send the cca letter to them with bold letters on 'NOTICE OF INTENDING COUNTERCLAIM' to match their letter as close as i can...lol
Also i have paid some of BT's money, the part i dont dispute, direct to BT.
I thinks its entertaining when you phone a dca and ask them to explain how they can take yu to court without any evidence, thay usually hang up there.
30th May 2007
I am trying to draft a letter along the lines of 'harrasment' and 'sending threatening letters designed to intimidate', but cant seem to get it started as of yet.
Think i will just put that i have written evidence form BT that states they have no record of me agreeing to any contract. Also i will state that I require a breakdown of their costs.
Another thing on their latest letter was a figure of £25 for obtaining 'Judgement by Default' .LOL they are a bit presumptious that i wont respond to court docs and get they have to apply for J by D
5th June 2007
Ok Then
I have decided to write one last letter to BT including a copy of all previous emails sent and recieved
To Whom it May Concern
You have proved beyond doubt to me that your organisation is unprofessional as it cannot even keep track of its complaints, let alone resolve them.
It seems that rather than dealing with the problem raised by your customer, you would rather ignore and send uninformative replies then just pass the account to a debt collector and wash your hands of the problem.
I will now only acept a full credit to my account of the amount in dispute.
This will be my final communication on this matter, and as stated on previous communications I will vigorously defend any court action by either yourselves or your appointed debt collectors.
PKea
Also i am teasing Moorcroft by making part payments of the amount I dont dispute direct to BT. I have quite a collection of 'You have paid BT direct. Pay us not BT' letters now.
8th June 2007
BT tried to call me last night, but I didn't answer, so I recieved this email
Dear Mr PKea
Thank you for your e-mail dated 5/6/07 regarding the penalty charges appeared on the bill.
I am sorry for the delay incurred in resolving your query.
I attempted to ring you this evening at 19:05 hrs on the mobile number 07xxxxxxxxxx that you have kindly provided, unfortunately there was no reply. I did however leave a brief message to explain that I had called.
I would humbly request you to write to me a daytime contact number (a mobile number or your work number preferably) to get in touch with you at any time of the day, so that the issue can be resolved without any further delay.
Alternatively, you can contact our Customer Services Department on 0800 800 150 (Working hours 7:30 AM to 10 PM, Monday - Saturday, 9 AM to 6 PM Sunday).
Thank you for contacting BT.
Yours sincerely,
S Thulaseedharan Kamala
eContact Customer Service
So I am just about to reply to this email stating that all correspondance relating will only be dealt with in writing.
You should have heard the voicemail message he left, took me and the wife ages to try and guess whether it was a recorded message or a real person. Glad i didnt try to talk to him cos i wouldnt have understood him anyway
8th June 2007
This is my reply
Dear Sirs
Please note that all correspondance regarding this matter to be in writing either by email or post,
I would be grateful if you could provide a direct email to a specific person who is going to deal with this problem all the way through, as each time i respond to one of your emails, someone new gets involved.
How you can have continuity of client care with that system is beyond me.
PKea
12th June 2007
*** WON ***
I recieved this email this morning
Dear Mr PKea
Thank you for your e-mail dated 8/6/07 regarding the cancellation charges.
In response to your email, I would like to apologise for all the
inconvenience caused. I can confirm that I have refunded £217.32. There is no outstanding balance on your account. You will receive a credit
confirmation letter with in 7 days.
inconvenience caused. I can confirm that I have refunded £217.32. There is no outstanding balance on your account. You will receive a credit
confirmation letter with in 7 days.
Should you have any further queries, please do not hesitate to contact us
again via e-mail.
again via e-mail.
Thank you for contacting BT.
Yours sincerely,
xxx xxx
eContact Customer Service
Ref: xxxxx
Yours sincerely,
xxx xxx
eContact Customer Service
Ref: xxxxx
12th June 2007
Also i got a letter from Moorcroft yesterday acknowledging reciept of my £1 payment 'towards the account'.
Well that means they have received my CCA request then.
I'm sure they will be over the moon when BT tell then 'Your servces are no longer required'.
Then i will chase them for the £1 payment they have taken from me, might even have to get the debt collectors involved..lol
Also i got a letter from Moorcroft yesterday acknowledging reciept of my £1 payment 'towards the account'.
Well that means they have received my CCA request then.
I'm sure they will be over the moon when BT tell then 'Your servces are no longer required'.
Then i will chase them for the £1 payment they have taken from me, might even have to get the debt collectors involved..lol
18th June 2007
All done and dusted now
All done and dusted now
Got the credit note from BT in the post on Saturday showing a credit to my account and a zero balance outstanding.
22nd June 2007
Ha Ha.. Do BT talk to Moorcroft
Ha Ha.. Do BT talk to Moorcroft
Got a letter from Moorcroft yesterday thanking me for Paying BT £200, but insist all future payments go to them, and the balance outstanding is still £217 quid an dthey will take me to court,blah blah blah..
Anyway i have another thread regarding my dealings with moorcroft on this case and how i have turned the tables and are going to be chasing them foir money soon.
To follow the progress
http://www.legal-beagles.co.uk/forum...html#post14387
To follow the progress
http://www.legal-beagles.co.uk/forum...html#post14387
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