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    Mid/Everyday Monthly Usage stats from Sky

    This is a discussion on Mid/Everyday Monthly Usage stats from Sky within the Sky Broadband feedback forums, part of the Sky Broadband help and support category; Oh bum, I gave up too soon - really couldn't be bothered with the hassle. I've only managed to switch ...

    1. #41
      Myrtle's Avatar
      Myrtle is offline Sky User Member
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      Re: Mid/Everyday Monthly Usage stats from Sky

      Oh bum, I gave up too soon - really couldn't be bothered with the hassle. I've only managed to switch phone and broadband.

      Well done you though!


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    3. #42
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      Re: Mid/Everyday Monthly Usage stats from Sky

      I was on Mid (Everyday) but exceeded 10GB of usage per month although not 40GB so the change forced me to upgrade or move. I decided to call their cancellations line and tell them that I was considering moving my whole package elsewhere with the 10GB usage change and I've been moved onto Unlimited at no extra charge. Although my order shows as tracking still 9 days on, I take it I have been moved as my speed has doubled to over 10239kbps down and 928kbps up.

    4. #43
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      Re: Mid/Everyday Monthly Usage stats from Sky

      I recieved a letter telling me abiut broadband usage levels. They tell me to check online (Which I can't cos it doesn't work, neither does Sky Active neither does their bloody phones), I assume I may have gone over the 10gb allowance.

      I regard Sky as being in breach of contract the minute they do anything to my connect or download limits and transferring me to another contract MAX is a no no legally unless I agree which I wont. I will take this to court if need be. I'm that way inclined.

    5. #44
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      Re: Fast and Lose with contract law

      Just managed to go online and found I had gone over my 10Gb limit. I had 27Gb download in December which is wierd because I was was away most of December and my router is secure as far as I know. Anyway they talk about moving me automatically onto the Unlimited tariff. I emailed them back and told them they can't.

      Sky are playing fast and lose with contract law.

      I joined Sky for the broadband. I specifically joined due to the 40Gb download limit. Unlike Talk Talk who had bad rep and 18 month contract I wanted to retain my BT line.

      So Sky dropped limit to 10Gb. This does not represent a change to terms and conditions but changes to the service the have been contracted to provide you.

      Also saying you can cancell is irrelevant. They entered into a binding contract to provide you with and agreed service. To fail to provide this is breach of contract.

      Likewise they have no ability to put you onto another tariff because a contract requires agreement from both parties. Therefore for them to do this at their behest is Breach of Contract.

      Lastly they sold me a package. At no time did they mention that these were three different contracts. I bought a package covering phone, broadband and Tv (Sh1t). As such cancellation would be of all of these NOT just one.

      To hold you to both phone and Tv contracts would be legally unjustified.

      SKY are mucking about with contract law in such a lassez faire way that they deserve contempt.

      it is about time the watchdogs actually put an end to what are very dubious and illegal practices.

      I for what it is worth will expect Sky to honour the contract I entered into with them. If they don't we'll see them in court.

      Thye know they have no leg to stand hence some of the cave ins.

    6. #45
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      Re: Mid/Everyday Monthly Usage stats from Sky

      Sky altered the contract and gave everyone the option of agreeing with it and staying or moving on with no penalties, you obviously chose not to move.

      They did this within the agreed terms and gave notice as required. They also have a right not to supply you a service they consider you have breached by going over your usage allowance, they also have the right according to the contract to upgrade you to a more suitable package if you continue to do so.

      The real problem here is proving you did or didn't exceed your allowance, you don't have any figures to dispute Sky's findings so who knows?

    7. #46
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      Re: Mid/Everyday Monthly Usage stats from Sky

      I did exceed their allowance of 10GB they say but that is not the 40 Gb allowance contracted based on their figures.

      There is also a thing called unfair terms of contract which would hold water here give Sky's written contract either way they are the ones on shaky ground.

      Terms and Conditions do not cover a material change to any contract. Nor doe not doing something in relation to telling them you want to cancel respresent and acceptance. Contract law require any acceptance to be explicitly agreed to by both parties. This is not the case here. You cannot enter a new contract through inaction.

      Incidentally I only found out about all of this on this website AFTER they had changed things. At no time was I notified of anything relating to a reduction in my broadband service until after it occured and until after any period they stipulated you had to cancel.

      Unfair contract terms do apply as Sky know.,

    8. #47
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      Re: Mid/Everyday Monthly Usage stats from Sky

      Quote Originally Posted by boristhespie View Post
      Unfair contract terms do apply as Sky know.,
      Well that is your interpretation of it, Sky will have another one and you will have to see which way the court rules, time and cost to chase it, personally, there are other suppliers if you are unhappy. Sky have given you an option to keep your connection, allbeit at a different price, life's too short.

      Do you honestly think Sky wouldn't have had their teams of legal people check this over?

    9. #48
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      Re: Fast and Lose with contract law

      Quote Originally Posted by boristhespie View Post
      Also saying you can cancell is irrelevant. They entered into a binding contract to provide you with and agreed service. To fail to provide this is breach of contract
      surely the contract is that you agreed to pay them for the service, if they aren't providing you with the agreed service then you can stop paying/cancel your contract and move to another provider?

    10. #49
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      Re: Mid/Everyday Monthly Usage stats from Sky

      Quote Originally Posted by boristhespie View Post
      I did exceed their allowance of 10GB they say but that is not the 40 Gb allowance contracted based on their figures.

      There is also a thing called unfair terms of contract which would hold water here give Sky's written contract either way they are the ones on shaky ground.

      Terms and Conditions do not cover a material change to any contract. Nor doe not doing something in relation to telling them you want to cancel respresent and acceptance. Contract law require any acceptance to be explicitly agreed to by both parties. This is not the case here. You cannot enter a new contract through inaction.

      Incidentally I only found out about all of this on this website AFTER they had changed things. At no time was I notified of anything relating to a reduction in my broadband service until after it occured and until after any period they stipulated you had to cancel.

      Unfair contract terms do apply as Sky know.,
      Under the Unfair Terms in Consumer Contracts 1999 Section 5(1) and 5(2), you MAY have an argument in that it sets out what is 'unfair' in regards to terms and if said term is seen as a detriment to the consumer and has not been individually negotiated, then it can be possibly regarded as 'unfair'.

      Also, I know the fundamentals of a contract are offer and acceptance, but I'm sure sky's legal team have sussed this all out before implementing the revisions.

      I'm not sure what you could argue under the Sales of Good Act or UCTA, but the thing you have to ask yourself is whether it is worth it taking the matter further for the five pounds a month.

      Disclaimer: As per usual when I give this type of 'advice', I'd like to point out that I'm only a law student and this is certainly not to be taken as gospel.

     

     
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