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R35k bill from my ISP - advice please

iamgigglz

iamgigglz

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Totally open to the result being "just pay it" but it's worth asking first...

My ISP failed to bill me for the service since it was activated in February 2015. I have not received any invoices or anything from them during this time.
I was not aware of this because reasons, not least of which being no communication from them.

Recently the connection died, so I called their tech guys. They couldn't find my account, nor could any of the four other departments they transferred me to. Eventually it was decided that I should just sign up with them as a new customer, which I did. It's now about a week later and they send me a R35k invoice for services dating back to November 2018, saying:
"Unfortunately, this is due to an error on our end as the product was not added to the system at the time of activation. As a result, we have had to backdate your billing. Due to this being an error on our end, we are willing to arrange a payment plan with you to help you settle the bill, eventually."

Do I have any leg to stand on here?
 
Yes, you are liable, however it may be that they can't claim for the full period.

Prescription is a legal principle in terms of which a debtor's liability to pay an outstanding debt is extinguished after the passing of prescribed time periods. The above will apply, provided that the debtor has not during such prescribed period, in any way acknowledged his/her liability to pay such debt.
Click to expand...

www.ssda.co.za

What is Prescription act and what does it mean to you? - SSDA

View the Prescription Act
www.ssda.co.za www.ssda.co.za
 
iamgigglz said:
Yeah I see they've only billed me for the last three years instead of all the way back to Feb 2015. Lines up with the prescription act.
Between that and offering a payment plan they're being about as good guy Greg as one can expect.
Click to expand...

I would count yourself fortunate then. I hope you've been putting that extra in the bond or some other savings in anticipation of this coming out of the wash.
 
iamgigglz said:
They couldn't find my account, nor could any of the four other departments they transferred me to.
Click to expand...
So - they found an account or created an account with an arbitrary amount you owe?
Do they have proof of signup way back when binding you to an agreement?
The right thing to do is pay for the services provided - but still - you being a ghost in their system is no fault of yours in my probably shortsighted opinion.
 
rinners said:
I would count yourself fortunate then. I hope you've been putting that extra in the bond or some other savings in anticipation of this coming out of the wash.
Click to expand...
That implies I knew it was happening in the first place. I don't want to run Carbonite through how I handle my finances, suffice to say that the billing for this would/should have been coming out of an account I don't have sight of.
Questions will be asked and arrangements will be changed.

Qui_Illustrati said:
So - they found an account or created an account with an arbitrary amount you owe?
Do they have proof of signup way back when binding you to an agreement?
The right thing to do is pay for the services provided - but still - you being a ghost in their system is no fault of yours in my probably shortsighted opinion.
Click to expand...
It's not really arbitrary; based on the service I had the amount makes sense.
I'm not sure that they have proof of sign up, but I'm debating whether that's a fight worth having. They'll have proof that I was using the service.
 
Lol this would never happen to me :ROFLMAO:

I know every cent that moves from my account, and if I don't get billed for a service then I make sure to sort it out. I feel very uneasy when I get something for free.

The guy that services my aircon has a terrible admin lady, twice she forgot to invoice my best friend for his aircon service and twice my friend hasn't paid. I would never be able to do that, I ensure I have cash at hand to give him once he's finished.

Instead of seeing yourself 35k poorer, I would reckon you're 20-23k richer thanks to the 2 years you scored with no penalty. :cool:

edit : Scratch that, it's 3 years (almost 4)! So it's basically R35k+ that you scored. Less than 50% is due! :LOL:
 
Last edited:
iamgigglz said:
Yep, as rinners says, I'm counting myself lucky. I had to ask if there was any more wiggle room though...'tis the Carbonite way.
Click to expand...

You can ask them for the sign up doc or how else would they prove that they've been providing you service this whole time?
 
You can also ask them for a discount since the mishap is on their end. -
 
Surely as a 'new customer' on their recommendation the previous contract is rendered null and void due to the error on their system, They essentially cancelled the contract on their terms so all settlements fall on them?
 
i honestly wouldn't pay anything, if i forgot to cut off one of my customers website hosting
because they never paid that's on my business not them, not your fault there systems in place are shit you didn't pay for one month
they should have cut you off.

now they come after 3 yrs to bill you, i would tell them to get fecked tbh.
being a isp/hoster is not physical work i would also pay the aircon guy if he forgot to bill me.
but most things are automated and payments should be confirmed by there staff not you
 
They should be able to provide the original sign up form which details conditions attached to non payment/billing errors/etc
 
rinners said:
You can ask them for the sign up doc or how else would they prove that they've been providing you service this whole time?
Click to expand...

Surely they could send a request to technical to provide evidence of activity for the line in question? Even the IPS's online dashboard has evidence of this.
 
dash09 said:
They should be able to provide the original sign up form which details conditions attached to non payment/billing errors/etc
Click to expand...
Yeah I've mailed them asking for it. For one thing I'm not entirely certain that the monthly amount they're using is accurate, especially not dating back to 2018.
 
PsyentisT said:
Surely they could send a request to technical to provide evidence of activity for the line in question? Even the IPS's online dashboard has evidence of this.
Click to expand...

Ok so there is a way, wasn't sure.
 
iamgigglz said:
Yeah I've mailed them asking for it. For one thing I'm not entirely certain that the monthly amount they're using is accurate, especially not dating back to 2018.
Click to expand...

It's close on R1000 pm, so like a 50Mbps or 100Mbps line?
 
PsyentisT said:
Surely they could send a request to technical to provide evidence of activity for the line in question? Even the IPS's online dashboard has evidence of this.
Click to expand...
Neither here nor there IMO - evidence of usage without some sort of link to an account and thus billing means very little.
The onus is on them to ensure you are billed not you to chase them up to pay them.
The onus is also on them to prove a binding contract exists and without an account it just seems like nothing did. Perhaps one does now though after you 'notified' them :D
They shit the bed - not your fault.
 
iamgigglz said:
Yeah I've mailed them asking for it. For one thing I'm not entirely certain that the monthly amount they're using is accurate, especially not dating back to 2018.
Click to expand...
So...arbitrary then :D
They should provide you a comprehensive breakdown of charges I reckon.
ISP's are all so absolutely useless!
 
iamgigglz said:
Yeah I've mailed them asking for it. For one thing I'm not entirely certain that the monthly amount they're using is accurate, especially not dating back to 2018.
Click to expand...
This is the binding agreement between you, without this I'm not sure if you are liable. I'm no lawyer, I'm speaking from work experience with contracts and such.
Even if they are offering leniency with the period to be billed for they must still present this agreement with your acknowledgment to pay
 
So this is one of them "moral dilemmas"

Question... Did you use the service during the time they didn't bill you?
IMO if you did, then pay as fair is fair even though there was a billing mistake.

If they billed you for a service you didn't have or had requested cancellation on and then stopped using then go ahead and tell em to sod off.
 
thePridge said:
So this is one of them "moral dilemmas"

Question... Did you use the service during the time they didn't bill you?
IMO if you did, then pay as fair is fair even though there was a billing mistake.

If they billed you for a service you didn't have or had requested cancellation on and then stopped using then go ahead and tell em to sod off.
Click to expand...
100% this.
 
iamgigglz said:
That implies I knew it was happening in the first place. I don't want to run Carbonite through how I handle my finances, suffice to say that the billing for this would/should have been coming out of an account I don't have sight of.
Questions will be asked and arrangements will be changed.
Click to expand...

Apologies, that was a poor assumption on my part.
 
thePridge said:
So this is one of them "moral dilemmas"

Question... Did you use the service during the time they didn't bill you?
IMO if you did, then pay as fair is fair even though there was a billing mistake.

If they billed you for a service you didn't have or had requested cancellation on and then stopped using then go ahead and tell em to sod off.
Click to expand...
i see it as his ISP school fees not a moral dilemma

as a business owner, you own your company's mistakes you fix them and move on, you cant go doy u haven't paid the service for 3 yrs now cough up because my staff are idiots

how do you give someone free internet for 3 years and not notice it
fuck they need to fire all there staff IMO
 
Qui_Illustrati said:
Neither here nor there IMO - evidence of usage without some sort of link to an account and thus billing means very little.
The onus is on them to ensure you are billed not you to chase them up to pay them.
The onus is also on them to prove a binding contract exists and without an account it just seems like nothing did. Perhaps one does now though after you 'notified' them :D
They shit the bed - not your fault.
Click to expand...

Fair enough. I speak from experience when I say that they will pull every darn rabbit out the hat to get that money in. I have been in the same situation earlier this year with Supersonic where I have zero evidence of invoicing sent through for the first few months from the ISP and sat with an account in arrears. I tried playing stupid and pulled majority of suggestions in this thread but once you get that call from legal (+ disabling my line) I decided to bite the bullet and pay. Acting oblivious did not work in my favor.

They put in huge effort to get R8000 from me which is near nothing for them. I can't imagine the extent they would be willing to go for their December bonus of R35000 (unless you choose the payment plan). I understand we are trying to help the man but it's their money that is owed, they have the time and resources to fight it. It just isn't worth the effort. Although this was my experience, I wish you the best @iamgigglz and all works in your favor!

TL;DR Literally been in the same situation when moving from JHB to CPT, had an account mix-up when activating the new line, they then created a new account for me and the arrears email came in. They had more ammunition than I thought they did. I paid. I sleep peacefully.
 
Ballbreaker said:
how do you give someone free internet for 3 years and not notice it
fuck they need to fire all there staff IMO
Click to expand...

Plot twist, the staff themselves have ghost accounts they leeching on. Which is why this flew under the radar, they thought it was a fellow leech until the leech turned out to be a "customer" complaining about a dead line.
 
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