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MartinWaller
Beginner
1,670 Views
Message 1 of 11

British Telecom Payment Processing Fee and the Consumer Rights (Payment Surcharges) Regulations 2012

On April 6th, 2013 the government introduced the Consumer Rights (Payment Surcharges) Regulations 2012. Item 4 of the act states:

 

“A trader must not charge consumers, in respect of the use of a given means of payment, fees that exceed the cost borne by the trader for the use of that means.”

 

Irrespective of this British Telecom still insist on charging its customers a £6 “Payment Processing Fee” per quarter (£24 per year) for the privilege of paying their bill on time and in full by any other means than Direct Debit.

 

Martin

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10 REPLIES 10
Distinguished Guru
Distinguished Guru
1,648 Views
Message 2 of 11

Re: British Telecom Payment Processing Fee and the Consumer Rights (Payment Surcharges) Regulations

Good try but the government guidance says:

 

Excluded contracts are specifically defined: they concern certain contracts in the spheres of social services, health services, gambling, banking and certain other financial services, immovable property and rental of residential property, timeshare, foodstuffs and certain other goods for household consumption in specified circumstances, as well as ones concluded by automated vending machines or automated commercial services or with a telecommunications operator for use of a telephone, or for the use of a single telephone, internet or fax connection, or under which goods are sold by way of execution or otherwise by authority of law.

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MartinWaller
Beginner
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Message 3 of 11

Re: British Telecom Payment Processing Fee and the Consumer Rights (Payment Surcharges) Regulations

It's interesting that. When our Government voted for the new regulations they voted on exactly that - the regulations - they didn't vote on the Guidance.

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Distinguished Guru
Distinguished Guru
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Message 4 of 11

Re: British Telecom Payment Processing Fee and the Consumer Rights (Payment Surcharges) Regulations


@MartinWaller wrote:

It's interesting that. When our Government voted for the new regulations they voted on exactly that - the regulations - they didn't vote on the Guidance.


Yes, but the guidance is essentially a plain English description of the Regulations. It's Regulation 5(2)(k)&(l); as you need the full story, here goes:

 

An excluded contract is a contract—

 

(a)for social services, including social housing, childcare and support of families and persons permanently or temporarily in need, including long-term care;

 

(b)for health services provided, whether or not via healthcare facilities, by health professionals to patients to assess, maintain or restore their state of health, including the prescription, dispensation and provision of medicinal products and medical devices (and “health professionals” has the meaning given by Article 3(f) of Directive 2011/24/EU of the European Parliament and of the Council on the application of patients’ rights in cross-border healthcare)(4);

 

(c)for gambling within the meaning of the Gambling Act 2005(5) (which includes gaming, betting and participating in a lottery);

 

(d)for services of a banking, credit, insurance, personal pension, investment or payment nature;

 

(e)for the creation of immovable property or of rights in immovable property;

 

(f)for rental of accommodation for residential purposes;

 

(g)for the construction of new buildings, or the construction of substantially new buildings by the conversion of existing buildings;

 

(h)which falls within the scope of Directive 2008/122/EC of the European Parliament and of the Council on the protection of consumers in respect of certain aspects of timeshare, long–term holiday product, resale and exchange contracts(6);

 

(i)for the supply of foodstuffs, beverages or other goods intended for current consumption in the household, and which are supplied by a trader on frequent and regular rounds to the consumer’s home, residence or workplace;

 

(j)concluded by means of automatic vending machines or automated commercial premises;

 

(k)concluded with a telecommunications operator through a public telephone for the use of the telephone;

 

(l)concluded for the use of one single connection, by telephone, internet or fax, established by a consumer;

 

(m)under which goods are sold by way of execution or otherwise by authority of law.

 

Better?

 

 

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MartinWaller
Beginner
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Message 5 of 11

Re: British Telecom Payment Processing Fee and the Consumer Rights (Payment Surcharges) Regulations

No, People should still sign the petition because £6 is taking the mickey, everyone can see that and everyone knows it's simple wrong!

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peterwt
Aspiring Expert
1,620 Views
Message 6 of 11

Re: British Telecom Payment Processing Fee and the Consumer Rights (Payment Surcharges) Regulations

Further to this BT are from July going to charge anyone with BT Broadband a fee for paper bills.

 

 

Peter
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Distinguished Guru
Distinguished Guru
1,619 Views
Message 7 of 11

Re: British Telecom Payment Processing Fee and the Consumer Rights (Payment Surcharges) Regulations


@MartinWaller wrote:

No, People should still sign the petition because £6 is taking the mickey, everyone can see that and everyone knows it's simple wrong!


Your original post appeared to suggest that BT were contravening the Regulations, and I thought it worth pointing out that they're not.

 

Whether the fee is taking the mickey is something else, a matter of opinion. Your assertion that everyone knows it's wrong is, er, wrong. I for one happen not to agree, but the argument has been done to death and there seems no point in trotting it out again here just because some new legislation has failed to change it.

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MartinWaller
Beginner
1,616 Views
Message 8 of 11

Re: British Telecom Payment Processing Fee and the Consumer Rights (Payment Surcharges) Regulations

Well, I'm going to be trotting it out again for you. I've not finished with the topic yet.

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Bob1001
Aspiring Expert
1,531 Views
Message 9 of 11

Re: British Telecom Payment Processing Fee and the Consumer Rights (Payment Surcharges) Regulations

Further to this BT are from July going to charge anyone with BT Broadband a fee for paper bills.

 

This in new to me I hope I am going to be advised prior to BT making a charge.

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peterwt
Aspiring Expert
1,524 Views
Message 10 of 11

Re: British Telecom Payment Processing Fee and the Consumer Rights (Payment Surcharges) Regulations

Bob BT told me all BT Broadband customers will receive an email before the charge for paper bills starts.

 

 

Peter
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