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I was with sky tv phone & internet, i changed to virgin tv

 
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  • Answered by:Joshua
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Customer Question

I was with sky tv phone & internet, i changed to virgin tv phone & internet in april 2011, i posted a cancellation form to sky which was provided by virgin. a few weeks ago i discovered that sky was still charging me £29.75 per month for a service i thouht i had cancelled.
they say i should have written in personly to cancell the contract so therefor i owe them £29.75 for this months payment, if i fail to pay they say they will refer me to a debt collection agency. what should my next move be? thank you very mutch.
mr e,r, mowat

 

Optional Information:
System of Law: England-and-Wales

Already Tried:
phone only

Submitted: 291 days and 23 hours ago.
Category: UK Law
Value: £33
Status: CLOSED
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Expert:  Joshua replied 291 days and 23 hours ago.

Thanks for your question. Please RATE my answer when you are satisfied by clicking on 3 STARS *** or ABOVE.

Please kindly only RATE my answer when you are satisfied. If you rate my answer as less than 3 stars this is recorded as negative feedback. If you decide to click less than 3 stars please stop and reply to me first by clicking on REPLY or CONTINUE CONVERSATION. It is important to me that you are satisfied with the service you receive from me.

  1. Did the notice clearly state you wished to cancel please?
  2. Were you subject to any minimum contract period with sky or was it simply a month to month rolling contract?
  3. Did you switch your service to Virgin as planned?
  4. Does Sky accept that it received your notice?
  5. How do you pay - e.g. direct debit, credit card?
Joshua41081.8421081829

Customer replied 291 days and 22 hours ago.

1. the form was provided by virgin for the purpose of cancellation thats all i can

remember.

2. it was a 12 month contract which had overun exept for the internet part which

was due to expire in june 2011, i agreed over the phone to pay the contract up.

3. yes

4. they say they have the form, but say only a personel letter of cancellation was exeptable.

Accepted Answer

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Expert:  Joshua replied 291 days and 22 hours ago.

Thanks. My apologies for the slight delay in reverting to you - I have been reviewing Skys terms. Clause 11(iii) deals with cancellation provisions and under the same you are required to give 31 days notice. The notice cannot be within any minimum term unless you accept that they can charge a fee for your subscription for early cancellation but otherwise it is simply 31 days notice.

The notice has to be in writing but it does not have to be a personal letter. Providing the notice is in writing and clearly states that you wish to cancel this is legally acceptable. All that is required is that you give a clear communication of your intention that you wish to cancel.

Accordingly if they have continued to charge you despite your cancellation notice consider starting by writing to them referring to your notice and point out that the same is in writing and clearly communicates your notice of cancellation. There is no requirement that your notice can only be a personal letter from you and that you require a full refund of all charges debited from you after the 31 day notice period you were required to give.

Customer Complaint, Sky Subscriber Services Ltd, PO Box 43, Livingston, West Lothian, EH54 7DD

If you are not satisifed with their response consider referring them to the Ombudsman

Ombudsman Services: Communications
PO Box 730
Warrington
WA4 6WU

Is there anything else I can help you with or clarify above? If you have no further questions for now I should be very grateful if you would kindly remember to RATE my answer with 3 STARS *** or above as appropriate. Your feedback is important to me. If you intend to click less than 3 STARS please reply back to me so I can help with any further questions of clarifications first.

Kind regards

Expert TypeLawyer
Category: UK Law
Pos. Feedback: 99.0 %
Accepts: 6231
Answered: 6/21/2012

Experience: LL.B (Hons), Prof Dip Law & Practice. 9 years experience in private practice in England

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