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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To think I shouldn't have to pay this?

28 replies

PawsAndReflection · 18/12/2019 13:23

Long story short, I've been using Commuter Club now for a year and I received an email yesterday stating that my monthly cost from January would be £194/month- £86 more than what I currently pay.

When I queried it they said they'd accidentally undercharged me for the last 12 months which was why it had increased so much, and as an aside one of the team would be in touch separately to arrange for the 'outstanding amount to be recovered'. £86 x 12 months would be £1,032 which I really really can't afford, particularly at this time of year.

Would IBU to push back on this? It's really stressing me out and I've been looking online to understand my legal position but nothing seems to be clear!

OP posts:
Cosmos45 · 18/12/2019 13:28

Firstly, what is a commuter club and what are you getting for your money on a monthly basis?

Anyhow, regardless of that i would tell them to Jog on - would you have still used the club if it was at the price they now state? I would state that it was their mistake and not yours and you are paying the quoted price as provided by them.

Original poster
PawsAndReflection · 18/12/2019 13:30

Sorry! It's a company you can purchase your travelcards/Oyster card through- you're able to pay monthly for an annual season ticket and technically it should be cheaper. It seems they miscalculated the cost in the quote.

OP posts:
Mamamia456 · 18/12/2019 13:30

When they ring explain that you cannot afford what they are asking and tell them the extra that you would be able to afford.

Newkitchen123 · 18/12/2019 13:32

No way
Would you have paid it if they'd charged you the right price in the first place?
If not tell them to do one

AnchorDownDeepBreath · 18/12/2019 13:32

I haven't used Commuter Club for a while but when I did, they quoted you an amount and you were contracted to pay it each month - in which case they may not be able to recover the money for their mistake. It'll depend on whether it was a mistake in the original quote, or if it was caused by fare rises, which they may have covered in their T&Cs...

Ask them to clarify how they miscalculated and why you are liable for that miscalculation. Be clear that you can't afford what they're asking for. If there are general grounds for you to pay them the difference, you should be able to negotiate a reasonable payment plan, but do check that first.

Mamamia456 · 18/12/2019 13:33

Sorry just read your update, if you were paying the price they originally quoted, then definitely fight it, I am sure they can't legally do that, and why has it taken a yeat for them to discover this?

KateFTC · 18/12/2019 13:35

have a look in their terms and conditions and also find the email where they quoted the price to you. As you have already used the service and paid for it in good faith at the quoted amount I suspect they wouldn't have a very strong case to persue.

You hear of airlines not honouring the accidental low fares but that is before you have used the service. I think once the service has been completed their recourse is limited.

Beccaishere · 18/12/2019 13:36

Do you have any emails or paper work that’s says that you were to be charged £86 if so there is nothing they can do as it’s their mistake.

plunkplunkfizz · 18/12/2019 13:37

This has happened to two friend (that I know of). They threatened to not renew and the amount “outstanding” was magically waived as a goodwill gesture and the next year’s payments were at a different, lower rate somewhere between the contract amount and the other amount CC said should have been paid. It’s 100% worth pushing back.

Equanimitas · 18/12/2019 13:43

When they ring explain that you cannot afford what they are asking and tell them the extra that you would be able to afford.

Absolutely DON'T do this!

You entered into a contract with them to pay £X a month. They can't suddenly change that after a year to say it was £X+86 and you have to pay the difference. Just cancel the entire contract.

Ellisandra · 18/12/2019 13:51

That’s one hell of a miscalculation! How did you not notice that?

With regards to the future increase - of course you should pay it, unless you have a contract for the lower price that lasts for years... which I’m sure it doesn’t - and even then, there is an allowance in contract law for genuine mistake, I think.

For the the year you already had... you need to read your contract, if they have rules about this that you signed up to. If you agreed to repay any error of their doing, often in other cases of repayment there is a rule of thumb that repayment should be spread over similar time as the mistake, if mistake is by the one owed the money. Not £1K in one go!

BernadetteRostankowskiWolowitz · 18/12/2019 13:55

Do you have anything to state the figure they have been taking from your bank?

It is one of those situations where you agree X price but the direct debit was only drawing (X-Y) amount from the bank?

Original poster
PawsAndReflection · 18/12/2019 13:57

Thanks all- @BernadetteRostankowskiWolowitz no they were paid the amount agreed, the mistake was completely on their side. It seems that they've charged me for zones 2-4 rather than 1-4 as fair as I can figure out

OP posts:
Equanimitas · 18/12/2019 14:02

That’s one hell of a miscalculation! How did you not notice that?

Why on earth would you assume it's OP's mistake not theirs?

Ellisandra · 18/12/2019 14:08

Where did I say it was the OP’s mistake? Hmm

You see your season ticket is £2328. You decide that’s a lot in one go, and decide to use this company. The charge you a considerable amount less.

It’s the company’s mistake, but one that I’m surprised wasn’t obvious.

BarbaraofSeville · 18/12/2019 14:08

So you've been paying for a zone 2-4 travelcard, (cost just over £100 pm) but asked for a zone 1-4 travel card (cost nearly £200 pm)?

Surely it was obvious that you weren't paying the right amount as you must know the approximate price of the various travel cards, if you use the service often enough to buy a season ticket?

If they've supplied the correct card, and you've had the benefit of the more expensive version, then surely you should expect to pay for it? Not being able to afford it isn't a valid reason not to pay, as if they'd charged you correctly from the beginning, then you would have paid the full amount anyway.

Equanimitas · 18/12/2019 14:09

Where did I say it was the OP’s mistake?

Asking how she didn't notice does imply a mistake on her part. We don't even know if it was a miscalculation as opposed to a mistake now or the company trying it on.

Original poster
PawsAndReflection · 18/12/2019 14:13

Just to clarify- I bought this before moving down to London (new to the city this year) but had initially looked at 1) a different zone and 2) a 3 month commitment rather than 12. So when they provided the final quote it honestly didn't click that the saving was more than it should be, I assumed that the cost would go down per month if I were committing to a 12 month instead of 3 month (which was the initial quote). Hope that's not too complicated to follow!

I would never have consciously gone ahead and hoped for the best if I thought they were undercharging me.

OP posts:
Ellisandra · 18/12/2019 14:17

And yet, referring to an “error of their doing” in the same post doesn’t imply that I don’t think it’s the OP’s mistake? Hmm

Of course it’s not the OP’s mistake - if she asked for a Zone 2-4 by mistake, she’d have found out the first day she tried to use it in Zone 1.

I’m curious that she didn’t realise such a big error KLAXON made by the company, is all.

I just googled them, and they claim savings on the annual price even with their interest, so I now suspect OP simply over estimated how big that saving would be.

Have a look at the contract, and see if it mentions clawing back.

Ellisandra · 18/12/2019 14:20

@PawsAndReflection that makes perfect sense. Hope you can get it sorted. I know you don’t want to end up in court over it (you won’t) but a court would give you reasonable time to pay it back. The company will know this. So even if you find you’re contractually obliged to repay - be strong about dictating YOUR repayment terms.

ThePlantsitter · 18/12/2019 14:22

Yeah you need to read the credit agreement which I think should lay out the monthly charge and the total charge you would pay last year.

selmabear · 18/12/2019 14:22

I wouldn't pay if its 100% their mistake.

steff13 · 18/12/2019 14:26

Where did I say it was the OP’s mistake?

Here: That’s one hell of a miscalculation! How did you not notice that?

LeavesOnTheLine · 18/12/2019 14:30

they made the mistake

crikey what are people like on this thread. Push back and I very much doubt they will charge you for this.

fish out the Ts and Cs and have a look at them though and if they get pushy, threaten to cancel and not use them again. You are not the first person I've heard this has happened to!

Pinkyyy · 18/12/2019 14:34

There's no way I'd pay that.