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Morning All.
I know a lot of people will be surprised to see me back on the boards after such a long time, but believe me life has been hectic of late.
Anyway, to cut to the chase ...
In November last year I had to vacate my home as it had been severely damaged by flood and required complete renovation. My insurers paid for us to move to rented accomodation for the duration of the renovations. As the landlord of the rented property would not allow the erection of a Sky dish, I had to turn to Virgin Media for my TV and broadband services (all paid for by my insurer). Because I had upgraded to Sky HD back in April 2011, I was tied into the Sky contract and could not get out of it and cancel the Sky services. However, a quick phone call to Sky and they agreed to bring it down to the bare minimum during the time I was out of my home. They also stated that all I had to do when ready to move back into my house to call them back and they would reactivate my broadband immediately as the phoneline was not being cancelled.
Fast forward to April 15th 2012. I was ready to move back into my newly renovated home and so called Sky to ask them to reinstate my broadband. To my horror, I found that despite what they had promised, they had indeed cancelled my phoneline as well as the broadband. Because of this, they would have to order a new phoneline and broadband installation, but as it 'was their error' they would waive the normal installation fee. A date was set for installation for 25th April and we were told to expect an engineer visit (quite why an engineer neededf to visit is beyond me but hey-ho).
Because I am constantly working away from home these days, my wife had to take a day off work to await the engineer visit. 25th April came and passed with no engineer visit.
I called Sky the following day to find out what had happened. They said that BT had reported that an engineer had called at our house and failed to gain entry. I told them that this was impossible as somebody was home all day and that my dog goes mental when somebody knocks our door and is the best doorbell available. They also told me that BT reckoned they had left a voicemail message telling us of this (quite how BT left us a voicemail when we have no telephone line for them to call is beyond me).
Anyway, Sky apologised and said they would get another appointment for us (and waive the £108 fee for failed installation because we could prove we were there) and would then 'escalate' the visit to get us an earlier date. A new installation date was set for 9th May (Sky failed to escalate the visit despite what they promised) with anticipated arrival between 1-6pm. My wife (the account holder) received an email confirming this and also if we logged into our Sky account that confirmed the date and time of the appointment (it still shows that today). 9th May was yesterday. Once again my wife was in all day and no engineer called.
At 7pm last night I called Sky to vent my anger at them missing a second appointment. To my astonishment, they then stated that their records said that an engineer was calling on the 10th May (today). I asked them why I had never been informed of this and the girl on the phone could not answer me. She told me that someone would need to be in the property again today or that we would get charged a £108 fee for a failed installation. I pointed out to her that we had made arrangements for the date we had been told (which was yesterday) and that it would be impossible for anyone to be at the property today (wife has to go to work, kids are all in school/university and I am in Oxford). All I was told was that somebody had to be at the property or we would be charged.
At that point I told the Sky agent that I am now cancelling the boradband and phoine as I had had enough of Sky's incompetence. She then insisted that I cannot cancel anything as the account is in my wife's name (strange how they are happy to accept an order from me but not a cancellation from me). I told her my wife would be in otuch to cancel EVERYTHING - Sky TV, broadband and phone and that I would be cancelling all direct debits to Sky. I also told her that Sky are in breach of contract for their failure to supply me with the goods I had ordered on the date and time agreed.
Here is where I need some advice. I am 99% sure that Sky's failure here is in contravention of the Sale Of Goods Act. I am also reasonably certain they have also contravened several other acts of consumer law. It is my intention to sue Sky for loss of earnings and inconvenience on this matter.
So do I have a case for doing this ? Can I also sue them for a breach of contract ?
I would be grateful for any advice on this before I proceed further.
Cheers
I know a lot of people will be surprised to see me back on the boards after such a long time, but believe me life has been hectic of late.
Anyway, to cut to the chase ...
In November last year I had to vacate my home as it had been severely damaged by flood and required complete renovation. My insurers paid for us to move to rented accomodation for the duration of the renovations. As the landlord of the rented property would not allow the erection of a Sky dish, I had to turn to Virgin Media for my TV and broadband services (all paid for by my insurer). Because I had upgraded to Sky HD back in April 2011, I was tied into the Sky contract and could not get out of it and cancel the Sky services. However, a quick phone call to Sky and they agreed to bring it down to the bare minimum during the time I was out of my home. They also stated that all I had to do when ready to move back into my house to call them back and they would reactivate my broadband immediately as the phoneline was not being cancelled.
Fast forward to April 15th 2012. I was ready to move back into my newly renovated home and so called Sky to ask them to reinstate my broadband. To my horror, I found that despite what they had promised, they had indeed cancelled my phoneline as well as the broadband. Because of this, they would have to order a new phoneline and broadband installation, but as it 'was their error' they would waive the normal installation fee. A date was set for installation for 25th April and we were told to expect an engineer visit (quite why an engineer neededf to visit is beyond me but hey-ho).
Because I am constantly working away from home these days, my wife had to take a day off work to await the engineer visit. 25th April came and passed with no engineer visit.
I called Sky the following day to find out what had happened. They said that BT had reported that an engineer had called at our house and failed to gain entry. I told them that this was impossible as somebody was home all day and that my dog goes mental when somebody knocks our door and is the best doorbell available. They also told me that BT reckoned they had left a voicemail message telling us of this (quite how BT left us a voicemail when we have no telephone line for them to call is beyond me).
Anyway, Sky apologised and said they would get another appointment for us (and waive the £108 fee for failed installation because we could prove we were there) and would then 'escalate' the visit to get us an earlier date. A new installation date was set for 9th May (Sky failed to escalate the visit despite what they promised) with anticipated arrival between 1-6pm. My wife (the account holder) received an email confirming this and also if we logged into our Sky account that confirmed the date and time of the appointment (it still shows that today). 9th May was yesterday. Once again my wife was in all day and no engineer called.
At 7pm last night I called Sky to vent my anger at them missing a second appointment. To my astonishment, they then stated that their records said that an engineer was calling on the 10th May (today). I asked them why I had never been informed of this and the girl on the phone could not answer me. She told me that someone would need to be in the property again today or that we would get charged a £108 fee for a failed installation. I pointed out to her that we had made arrangements for the date we had been told (which was yesterday) and that it would be impossible for anyone to be at the property today (wife has to go to work, kids are all in school/university and I am in Oxford). All I was told was that somebody had to be at the property or we would be charged.
At that point I told the Sky agent that I am now cancelling the boradband and phoine as I had had enough of Sky's incompetence. She then insisted that I cannot cancel anything as the account is in my wife's name (strange how they are happy to accept an order from me but not a cancellation from me). I told her my wife would be in otuch to cancel EVERYTHING - Sky TV, broadband and phone and that I would be cancelling all direct debits to Sky. I also told her that Sky are in breach of contract for their failure to supply me with the goods I had ordered on the date and time agreed.
Here is where I need some advice. I am 99% sure that Sky's failure here is in contravention of the Sale Of Goods Act. I am also reasonably certain they have also contravened several other acts of consumer law. It is my intention to sue Sky for loss of earnings and inconvenience on this matter.
So do I have a case for doing this ? Can I also sue them for a breach of contract ?
I would be grateful for any advice on this before I proceed further.
Cheers
) as that is what I am using too. 
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