Can we challenge unnoticed "Opt Out" services?

[PatsyTheCat]

Hi,

We've been with our phone / broadband supplier for around 5 years. We have been lax at checking the bills properly. This is partly due to being busy / understaffed and partly due to the complexity and indecipherable wording used on the invoices.

Recently we've noticed the bills have been creeping up and up and up so we've delved deeper into it and asked for detailed breakdowns and explanations about what the various items are.

We've discovered that over the last 3 years the phone company has been slowly adding various additional services to our account without us requesting them. These range from various assurance products, web listing fees, services charges etc. None of which we have used or want.

When questioned they have said these are "Opt Out" services that are added to the account automatically and have to be opted out of if they're not required. They have said they've notified us before hand and because we have not opted out the charges are valid.

They do indeed send out multiple "spam" marketing emails and seem to include these dubiously worded notifications at the bottom of the emails sometimes.

A recent example is below which was at the bottom of a long what looked like a marketing email describing the service...

"As part of our commitment to helping our customers return to business, we are providing a free 3-month trial, starting 1st July 2020, allowing you to review and update your online presence. Thereafter the monthly fee of £8.95 will be applied."

I would argue this implies that if we choose to use the service then £8.95 will be charged after 3 months use. Not that it will be added automatically to our bill.

This would mean we have to read through all their marketing emails to check if they plan to add anything to our bill before the direct debit is taken.

We realise we've allowed this to happen by not diligently checking the bills. But adding services on without the account holders permission feels very underhand / unethical / potentially unlawful.

Does anyone have an opinion on this?

Are we within our rights to demand a refund for these items?

Thanks.

 

[Newchodge]

Is it in breach of the direct debit guarantee, or do they also notify you of the total amount to be taken?

 

[PatsyTheCat]

Thanks for the reply. They do notify us separately about the amount to be taken.

 

[PatsyTheCat]

I've just counted up and on the last bill it's over 20 separate items they've added.

 

[Newchodge]

I am afraid I don't know the answer to your question. But I would, immediately, seek a new supplier.

 

[obscure]

Check your contract. I am afraid if it is like any other phone contract it probably has a clause that allows them to change the contract or which states that you accept that additional services can be foisted on you.

Looks like time to find a new supplier.

 

[Mr D]

Yes you can challenge them before they are brought in.
After they are brought in? Will depend on your contract.

Likely the company do have that covered.

So your choice now is find someone better. Read the contract fully before signing and then keep up to date with changes.

Oh and look at the bills.

 

[obscure]

Given the way this company works you should carefully check the contract in regard to cancellation term and early termination fees.

 

[Mr D]

Hi,

We've been with our phone / broadband supplier for around 5 years. We have been lax at checking the bills properly. This is partly due to being busy / understaffed and partly due to the complexity and indecipherable wording used on the invoices.

Recently we've noticed the bills have been creeping up and up and up so we've delved deeper into it and asked for detailed breakdowns and explanations about what the various items are.

We've discovered that over the last 3 years the phone company has been slowly adding various additional services to our account without us requesting them. These range from various assurance products, web listing fees, services charges etc. None of which we have used or want.

When questioned they have said these are "Opt Out" services that are added to the account automatically and have to be opted out of if they're not required. They have said they've notified us before hand and because we have not opted out the charges are valid.

They do indeed send out multiple "spam" marketing emails and seem to include these dubiously worded notifications at the bottom of the emails sometimes.

A recent example is below which was at the bottom of a long what looked like a marketing email describing the service...

"As part of our commitment to helping our customers return to business, we are providing a free 3-month trial, starting 1st July 2020, allowing you to review and update your online presence. Thereafter the monthly fee of £8.95 will be applied."

I would argue this implies that if we choose to use the service then £8.95 will be charged after 3 months use. Not that it will be added automatically to our bill.

This would mean we have to read through all their marketing emails to check if they plan to add anything to our bill before the direct debit is taken.

We realise we've allowed this to happen by not diligently checking the bills. But adding services on without the account holders permission feels very underhand / unethical / potentially unlawful.

Does anyone have an opinion on this?

Are we within our rights to demand a refund for these items?

Thanks.

Yes that 3 month trial will mean they automatically start charging you thereafter. Because you chose not to cancel it.
Whether you used it or not you had it.

You may - with a lot of legal costs - argue to a judge that they should not have given you the trial.
Much cheaper and easier to cut your losses.