Here is an abridged version of my COMPLAINT!
My compliant is in relation to BSkyB.
In short I used their online form to cancel my subscription. The form
is specific in that it is a drop down with only one option which is to
"cancel" a subscription.
I did this three times, giving two whole months notice. The min period is one month.
I did it three times over the following month. Therefore giving notice 3 times over the month.
I have received a threat of debt collection for a months subscription which they say i owe due to not having cancelled.
I have spoken to them on the phone twice. I have emailed many, MANY times in relation to this.
They insist that the form is "not a valid way to cancel" and i have to call them to cancel.
My argument is, and still remains, that i used a specific form intended
for the purpose of cancelling a subscription as built by Sky.
I
will not be letting this matter drop and will be contacting the CE, CAB
and posting on every forum and social network that will allow.
Outstanding customer service SKY!
6 comments:
Following on from my post above i have heard back from CAB and a Solicitor each of whom agree -
Based on the information you have provided, the key legal points in response to your enquiry are as follows:
You may wish to check the terms and conditions of your contract, to check whether the termsspecify how a consumer should cancel their subscription. However, you may also argue that if the trader makes available a form on their website which provides the means to cancel a subscription online, it is reasonable for the consumer to assume that they are able to cancel their subscription by using this form.
............
I also checked on the T&Cs link, on the sky website, which makes no reference to closing an account or indeed how not to close an account.
What I did find when I logged in to my account was a link with some T&Cs.
I will paste this below.
I cannot see anywhere where it states that I should cancel in a certain way, or indeed how to cancel at all.
For your ref. I have also included the link to cancel. Which clearly shows and says “Tell us you wish to cancel by email”
http://contactus.sky.com/uk/sky-tv/cancel-sky-tv
https://myaccount.sky.com/popup/tandcpage
Terms and Conditions
By using this service to access information and give us instructions in respect of your account(s) with us (the "Service"), you agree to be bound by the terms and conditions set out below and the terms and conditions for use of the sky.com website available at www.sky.com (the "Terms"). If you do not wish to be bound by these Terms, you should not use the Service. We recommend that you store or print a copy of the Terms for your records.
This is a contract ("Contract") between you and British Sky Broadcasting Limited, Grant Way, Isleworth, Middlesex TW7 5QD ("Sky"). References to "we" or "us" in this Contract will be read as references to Sky.
1. Username and Password
1.1 Your access to the Service is by username and password. Your username and password are secret and personal to you and must not be disclosed to any third party in any circumstances. You are responsible for keeping your username and password secure and confidential. You must take all precautions to prevent them being used by anyone else.
1.2 If we reasonably believe that a username and password are being used in any way which is not permitted by us, we reserve the right to cancel your access to the Service immediately without notice.
1.3 You may change your username, password or any other personal details that you notified to us during the registration process at any time via your sky.com account. Should you become aware that another person knows your username and password you should change it immediately. You must not store your username and password on your computer.
2. Using the Service
2.1 You agree that you will:
2.1.1 provide such proof of your identity as we consider reasonably necessary; 2.1.2 not use the Service for any improper or unlawful purpose, nor allow any others to do the same using your username and password; and
2.1.3 follow our reasonable instructions concerning your use of the Service.
2.2 You acknowledge that your use of the Service is subject to your Sky account status from time to time and for this reason you may not be able to access all of the Service at all times.
2.3 We will use reasonable efforts to make the Service available to you at all times. However, you acknowledge that the Service is provided via the internet and therefore the quality and availability of the Service are affected by factors that are beyond our reasonable control, such as, technical faults in a third party telecommunication providers’ and/or a third party ISP’s service/network. We will not be responsible for suspension, interruption or non-availability of the Service for any of the reasons set out in this Paragraph 2.3 unless you have rights against us or any other member of the British Sky Broadcasting Group for the provision of these services.
2.4 The Service is variable. We reserve the right to alter the content, presentation of and/or the facilities available on the Service without notice. You acknowledge that some of the content on the Service may be provided by third parties.
2.5 We may offer you additional services as part of the Service. If there are additional terms and conditions relating to these additional services then you must comply with them.
2.6 You are liable for any telephone charges and any charges made by your Internet Service Provider as a result of your use of the Service.
2.7 All correspondence relating to your use of the Service will be sent by email to your nominated email address only. You can change your nominated email address via your sky.com account. You will not receive any paper based confirmation of any instruction or request made by you via the Service.
3. Processing Your Instructions
3.1 You acknowledge that:
3.1.1 any instruction or request made by you via the Service ("Instruction"), will only be accepted by us if it has been given using your username and password but we will not further check the authenticity of an Instruction;
3.1.2 you must make sure that any Instruction is accurate and complete. We may refuse to act on an Instruction if it is contrary to these Terms or if we know or suspect of a breach of security; and
3.1.3 a transaction being carried out is not always simultaneous with an Instruction being given and some matters may take time to process.
3.2 We will confirm receipt of any Instruction properly made by email to your nominated email address.
4. Making Payments
4.1 You may use the Service to make payments on your Sky account. It may take up to three working days for such payments to be processed.
5. Changing Your Payment Due Date
5.1 You may use the Service to change the date on which your monthly Sky charges are due to be paid, as specified on your Sky bill ("Payment Due Date"), provided:
4.1.1 you do not currently have an outstanding balance on your Sky bill; and
4.1.2 you have been a Sky TV customer for at least 28 consecutive days.
5.2 You may only change your Payment Due Date once in any billing period.
5.3 By changing your Payment Due Date, the time period covered by your next Sky bill will either increase or decrease depending on whether you move your Payment Due Date back or forward.
6. Changing Your Payment Method
6.1 You cannot use the Service to change your payment method from direct debit or credit card to invoice.
6.2 Sky TV customers in the Republic of Ireland wanting to change to direct debit from either invoice, credit card or current direct debit, can do so by requesting a payment mandate in the post.
6.3 Instructions to change your payment method may take time to process and therefore your next payment may be taken later than the normal payment due date.
7. Viewing your Bills
7.1 If you are a Sky Talk customer, your use of the Service will give you access to itemised billing showing details of your calls. If you do not wish to view itemised billing for Sky Talk, you should not register for the Service.
8. Resetting your PIN
8.1 The Service can be used to change your PIN number for purposes such as using parental control and purchasing Sky Box Office movies and events It is your responsibility to keep your PIN number private and secure at all times.
9. Changing your Billing Account Name
9.1 You may use the Service to change your billing account name. Sky may in its sole discretion reject any name that it considers to be offensive, defamatory or otherwise inappropriate.
10. Changes to this Contract
10.1 If we amend this Contract, you will be notified via email. Your first use of the Service after you have been notified of the new terms will constitute acceptance of such changes. You can view the most recent version of these Terms by visiting the Sky website and clicking Terms & Conditions.
11. Liability
11.1 We will endeavour to provide the Service using all reasonable care. Except as required by law, we will not be responsible or liable for the fitness for a particular purpose of the Service, or for any loss or damage caused by:
11.1.1 interruption or delay to the Service caused by events outside our reasonable control;
11.1.2 any errors, viruses or bugs contained in the Service caused by events outside our reasonable control;
11.1.3 your negligence or your failure to follow our reasonable instructions;
11.1.4 us or our employees or agents in circumstances where:
(a) there is no breach of a contractual obligation or legal duty of care owed to you by us or our employees or agents;
(b) such loss is not a reasonably foreseeable result of any breach;
(c) or to the extent that such loss or damage results from any breach by you of this Contract;
11.1.5 any incompatibility of the Service with any other software or material on your computer; or
11.1.6 any other factor that is outside our reasonable control.
11.2 We do not accept any liability for any content provided by third parties as part of the Service or for any product or service advertised, promoted, offered or sold by third party service providers for use on the Service or otherwise. While all reasonable efforts will be made to ensure that the information contained in the Service provided by us is as accurate as possible, we do not accept any liability and make no representations or warranties in relation to the accuracy or completeness of the information contained in the Service.
12. Promotions and Advertising
We and/or our business partners may present advertisements or promotional materials on or through the Service. Your participation in any promotional event is subject to the terms and conditions associated with that event. Your dealings with, or participation in promotions by, any third party advertisers on or through the Service are solely between you and such third party. You agree that we shall not be responsible or liable for any loss or damage of any kind incurred by you as the result of any such dealings or as the result of the presence of such third parties on the Service.
13. Links to Third Party sites
The Service may present links to third party websites not owned or operated by us. We are not responsible for the availability of these sites or their contents.
14. Termination
14.1 We will be entitled to suspend or terminate your access to any part of the Service at any time should you breach this Contract.
14.2 We may, at our own discretion, suspend or terminate your registration at any time. We may do this, for example, to update the Service for technical reasons.
15. Privacy
15.1 We shall comply with all applicable UK data protection legislation from time to time in place in respect of any personal information relating to You gathered by Us.
15.2 You may be asked to input information about yourself on different web pages of the Service. We will not use the information You provide to Us for any purpose that is not set out in Our Privacy Policy, other than as stated at each location where such information is requested.
15.3 In this Section 15 We means British Sky Broadcasting Limited and company which (i) is controlled by British Sky Broadcasting Limited or (ii) which controls British Sky Broadcasting Limited and for this purpose "Control" means the power of a person to secure that the affairs of another are conducted in accordance with its wishes and Controlled shall be construed accordingly.
16. Right to transfer the Contract and Third Parties
16.1 We can transfer our rights and obligations under this Contract to any company, firm or person. We can only do this if it does not affect your rights under this Contract. You may not transfer your right or obligations under this Contract to anyone else.
16.2 This Contract is personal to you and no third party is entitled to benefit under this Contract except pursuant to Paragraph 16.1.
17. Law
This Contract is governed by English Law. If your address is in the UK, all disputes will be dealt with by the courts in England and Wales or any other UK court that could lawfully deal with the case. If your address is in the Republic of Ireland, all disputes will be dealt with by the courts in England and Wales or in the Republic of Ireland.
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