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LB v Tiscali*** WON ***

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  • LB v Tiscali*** WON ***

    Hiya peeps. This is a strange one. About 3 years ago, my lad bought a flat, and to help him out, I arranged to pay for a pay and call package from Tiscali. All was fine until April 2006, when the cut him off for non payment. When I phoned about this, it turns out the credit card I was using to make payments had expired. So I then arranged to setup a direct debit from my bank, and cleared the outstanding amount by debit card. Heard nothing else until late last year, when they cut him off. I didn't find out until Feb this year when I got back from the States. But on phoning their customer services, it turns out that they never took ANY payment from my bank account from April 206 onwards, and allowed a bill of over £400 to mount up over a period of over 18 months.

    I ALSO found out that they sold the debt on to Fredrickson's. WITHOUT issuing a default notice, or making any attempt to ask that the breach be remedied. Strangely, since then, they have sent a statemnent dated 7th March this year, asking for the outstanding amount. Quite how they have managed to do this after seling the account, I have no idea. I AM tempted to SAR Fredrickson's to see what communications have been flying about since my last phone call, but I'll have a go at the Mr Nice approach first. I've just popped an email on over to Tiscali, contents below. Let's see what sort of goodwil gesture they are prepared to offer. Bearing in mumd my veiled thereat to report their conduct to all and sundry.

    Dear Ms Turner

    First let me apologise for contacting you directly. However, I am taking this step, as I am unable to get a satisfactory response by telephoning about this matter. I hope that you will be able to resolve the issue for me.

    Although I am the account holder, I originally signed up for Tiscali’s broadband service on my son’s BT line at his address to help him out financially. All was well until about April 2006, when my monthly payments ceased. On phoning Tiscali billing, it became apparent that my credit card had expired. At that point, I arranged for future payments to come from my RBS bank account, and cleared the outstanding amount by debit card.

    However, late last year, the service was terminated. Having spoken to Tiscali, it appears that no attempt was ever made to debit my RBS account. In other words, for a period of about 18 months, no payments were ever made, and this was never queried during that time.

    As I have been working abroad until early this year, I had been unaware of what had happened. But when I phoned customer services, I was informed that the account had been sold to a company called Fredrickson’s.

    I should like to make clear at this stage the following:
    • NO contact or demand for payment was ever received from Tiscali. Bear in mind this was over an 18 month period.
    • NO default notice was ever issued.
    • Therefore at NO time did Tiscali ever advise me that there was a problem, and invite me to remedy the situation.
    • NO notice of assignment has ever been received from either Tiscali, or Fredrickson’s.

    Subsequently, I have received a printed statement, showing an outstanding balance of £474.60. This is a strange situation, as I was told categorically that Tiscali had assigned the account, and subsequent outstanding amount, to Fredrickson’s. I am now confused as to the status of this account, and would be grateful if you would explain to me exactly what has gone wrong in the handling of this account, and who now DOES control the account.

    I am extremely unhappy at the way this situation has developed. I am therefore making this a formal complaint. I am not minded at this stage to refer the matter further to any regulatory bodies. But you should be aware that, unless I receive a satisfactory response from Tiscali, outlining what steps you now feel are appropriate, I shall have no option other than to escalate the matter.

    I do hope that this email will lead to a meaningful dialogue, and we can quickly reach a mutually acceptable outcome.

    Sincerely,

    Luggerbugs
    My Blog
    http://cabotfanclub.wordpress.com

  • #2
    Re: LB v Tiscali

    Wouldnt letters, default notices etc be going to your sons address ?
    #staysafestayhome

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    • #3
      Re: LB v Tiscali

      Yes, they would. But nothing of the sort ever got there.

      I can see why I never got anything from Fredrickson's, as it will probably be a while before the account cylced to the top of their threat-o-matic. But it would seem now as if Tiscali has recalled the account. Likely due to the fact that they now realised there has been a serious administrative error at the very least. I don't deny that I owe them the money. But I DO want them to do something nice for me in return. I'll see what, if anything, they offer before coming over all Mr Angry.

      Having said that, if it's still Fredrickson's account, I'll not be paying them a penny. At this stage, the only address and phone number they have for me is my son's. It'll be an account they would have been better off not buying.
      My Blog
      http://cabotfanclub.wordpress.com

      Comment


      • #4
        Re: LB v Tiscali

        Just a quick side point, The credit card that expired, was it replaced with a new one?.

        Its just that someone else (a bank worker) posted that they can still continue to take payments if you cancel a card and get a replacement.

        Comment


        • #5
          Re: LB v Tiscali

          It WAS replaced, but Cap 1 refused payment. This also happened to me a while back for my hosting reseller account. I was at sea at the time, payment bounced due to me not being home to activate new card, but I sorted that one out when I got home, and payments continued on the new card thereafter.

          I wasn't bothered about that at the time with Tiscali, as I thought it had been sorted. Mrs LB never queried either as she saw regular Tiscali payments coming out of the bank each month. Except that was for OUR broadband here at home. So she never mentioned it to me as she didn't twig.

          That's another option too. If they get all shirty about things, I'll just pay up, and tell them that they've lost TWO customers, as I'll be moving to BT instead.

          Just seen my email to them won't be dealt with until Ms Turner's return next week, so I've forwarded it to andrew.maclean@uk.tiscali.com as the Quinn Mackenzie one bounced.
          My Blog
          http://cabotfanclub.wordpress.com

          Comment


          • #6
            Re: LB v Tiscali

            Well, THAT was quick. Hopefully things will start to get moving sharpish. Email just in...

            I can confirm we have received your e-mail addressed to Mary Turner.


            You will be contacted by a member of the High Level complaints Team shortly in order to discuss and resolve your issue.



            We apologise for any delay in replying to your original e-mail and we thank you for your patience.
            My Blog
            http://cabotfanclub.wordpress.com

            Comment


            • #7
              Re: LB v Tiscali

              ooohh LB well done on such a quick response i have had none yet i posted not emailed. Tiscali are terrible, i hope you get what you want.

              Comment


              • #8
                Re: LB v Tiscali

                Hey Lugger, seeing as you get a quick response, perhaps you could wave your magic wand over William Rhodes at GoDebt and see if he can reply the ignorant sod.

                Comment


                • #9
                  Re: LB v Tiscali

                  Do you mean the baseball bat shaped wand, Sapphire?

                  Scarlet, it ain't produced a result yet. I'm not getting TOO excited. I suspect the "High Level Complaints" bit is meant to impress.
                  My Blog
                  http://cabotfanclub.wordpress.com

                  Comment


                  • #10
                    Re: LB v Tiscali

                    Tiscali and Impress noooooo way lol, I am giving them until the weekend to answer or even acknowledge my letter then I will send next letter. However seeings as though I have Internet now I will email it this time.

                    Comment


                    • #11
                      Re: LB v Tiscali

                      Well done on getting a quick response, although I hope it's not just a holding fob-off.

                      Comment


                      • #12
                        Re: LB v Tiscali

                        Dear, oh dear. I've just found out that I shouldn't have done this, as I should have been the BT account holder in order to arrange broadband on that line. This from BT. So did Tiscali tell me this when I signed up, or check to see if I was the BT account holder? Did they heck.

                        Another little bit of naughtiness on their part. And I'd imagine it's not an uncommon scenario. Theres probably loads of Bank of Mum and Dad bits of helpfulness going on.
                        My Blog
                        http://cabotfanclub.wordpress.com

                        Comment


                        • #13
                          Re: LB v Tiscali

                          Originally posted by scarletrose
                          Tiscali and Impress noooooo way lol, I am giving them until the weekend to answer or even acknowledge my letter then I will send next letter. However seeings as though I have Internet now I will email it this time.
                          Mary Turner is due back in the office on Monday 14th.
                          My Blog
                          http://cabotfanclub.wordpress.com

                          Comment


                          • #14
                            Re: LB v Tiscali

                            It's been a week with no reply, so I banged an email off this afternoon...

                            Dear Sukina

                            It is now 7 days since I was promised a rapid reply in connection with this matter, and I have yet to receive any form of communication.

                            I would therefore be pleased if you would email me a copy of Tiscali’s complaints procedure, so that I can familiarise myself with Tiscali’s own timescales for complaints resolution.

                            To assist in bringing this matter to a swift and satisfactory conclusion, I am more than willing to use email as the main medium for contact.

                            Regards,

                            Luggerbugs
                            And here's their swift reply. I'm guessing English is not his first language. Shame I had to prompt them...

                            Dear Mr Luggerbugs

                            Thank you for your email.

                            I would like to apologise for the problems that you have experienced with Tiscali. It is not our intention to cause inconvenience or frustration to our customers and for this I sincerely apologise.

                            I work as part of the High Level Complaints team and I have been assigned to your case to investigate and hopefully resolve to your satisfaction.

                            Currently I am investigating if correspondents have been sent to inform you of the outstanding balance and if not why?

                            I also currently awaiting a response for our credit control team, to see if there is any payment plan options available in order to help clear the outstanding balance.

                            Once I have more information regarding this matter I will be in contact.

                            Kind regards
                            Richard Hemes
                            High Level Complaints Executive

                            tel:+44 (0) 1438 363407
                            fax:+44 (0) 1438 363880

                            Tiscali UK Ltd
                            The Icon, Lytton Way,
                            Stevenage SG1 1AL


                            tiscali.co.uk
                            Tiscali UK Limited
                            Registered in England and Wales No. 3408171
                            Registered Address: 20 Broadwick Street, London W1F 8HT
                            This email and its attachments are confidential and intended for the exclusive use of the addressee(s).
                            This email and its attachments may also be privileged or protected by legal rules. If you have received this by mistake
                            please let us know by reply immediately and destroy the email and its attachments without reading, copying or forwarding the contents.


                            My Blog
                            http://cabotfanclub.wordpress.com

                            Comment


                            • #15
                              Re: LB v Tiscali

                              Here's my just-as-swift response...

                              Thank you for your swift reply Richard. Although I am a little disappointed that I needed to prompt in order to receive that reply.

                              I assume from the contents of your email that the account is no longer with Fredrickson’s. However, please be advised that I am not at this point minded to pay Tiscali anything towards clearing the outstanding balance. I would rather wait until I see what, if anything, Tiscali might see fit to offer by way of compensation for the way that this account has been handled.

                              To assist in your decision making, I have recently been made aware that Tiscali should have endeavoured to ensure that the person ordering Tiscali’s service would have been authorised to enter into that contract. You should bear in mind that the fixed line account holder was NOT me. I quote from Tiscali’s own code of practice…

                              Section 4: Entering into a contract – information, order forms and contracts
                              · 4.1 Tiscali will ensure that all reasonable steps are taken to ensure that the person entering into a contract is authorised to enter into the contract for the Fixed-line Telecommunications Services/bills at the premises.
                              This is something else that you should be investigating, as my recollection of events is, NO steps were taken to ensure that I was authorised to enter into any contract, and I was not advised accordingly.

                              Please note too, that I expect a copy of Tiscali’s complaints procedure as per my request earlier today.

                              Regards,

                              Luggerbugs
                              My Blog
                              http://cabotfanclub.wordpress.com

                              Comment

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