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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70524
Experience:  Over 5 years in practice
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I took out a contract last year with sky. I stopped the direct

Resolved Question:

I took out a contract last year with sky. I stopped the direct debit in November 2013 via a regestered letter to Sky,the reasons, when it rained there was no signal, or the picture was fragmented, the tv sets are just over 3 years old.If i wanted to watch tv i would then have to go to my 15yr old tv with limited free view. a letter dated 30th dec 2013 informed me that the service would be stopped if i did not pay £68-74 which the bank paid , i rang sky asking them if they do not acknowledge the registered post that i sent, no satisfactory answer. Now sky sent me a letter dated 30th jan 2014 wanting £91-75 for early termination.
I do not see why this should be paid as the service promised was not what I contracted for, also the broad band was slow compared to Virgin who i have been with since Dec2013,as a 77yr pensioner,the tv in the evenings was my only companion.
Leonard Fox THANK YOU
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What would you like to know about this please?
Customer: replied 3 years ago.


should i have to pay the termination fee when the service was not up to the advertised standard

Expert:  Jo C. replied 3 years ago.
I presume you accept being locked into a contract with them?
Customer: replied 3 years ago.


yes

Expert:  Jo C. replied 3 years ago.
Thanks for the information.

This is a difficult situation. Obviously they are in breach of contract because the service is poor. That does not entitle you to leave necessarily unless you can show that it is a material breach striking at the heart of the contract. The service not working at all for many months would be sufficient. The occasional failing in bad weather is probably not.

That is not to say that you don’t have a claim against them but probably were not entitled to cancel entirely.

However, having done so, they can only claim for the sum of their loss. A cancellation fee does not represent their loss. They may have an admin claim and a claim for lost profits but no more than that.

That said, they will not sue you for this sum. Its not worth the manpower. The risk is that they will instruct debt collectors to harass you and place a default on your credit rating. That may or may not be important to you. If you don’t need to borrow money in the next 6 years probably it will have no impact upon you.

Hope this helps. Please let me know if you need more information.

Jo
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Expert:  Jo C. replied 3 years ago.

Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/