Law know'ers

[grant_cpt]

Hi

I would like to pick the brain of all the guys/girls on the forum who know the law about a issue.

As far as I know, the consumer have the right to pay for account and services up and till the 7th of each month. It that correct?

Does the consumer have to right to choose what ever payment method he/she chooses to use, or is the consumer cut out of that?

I have been having problem with a certain ISP who has on two accounts deducted more than what they should have. Thus my reason for asking the questions above. Because I rather prefer doing EFT, because I give me more control over my account with the ISP and my own bank account.

The ISP say that they do not accept EFT payments, but on every invoice they sent me. They give their bank details and very nicely tell you what to do when you in fact make a EFT payment. i.e What to use as Payment Referce and where to sent proof of payment

 

[Albereth]

Hi

I would like to pick the brain of all the guys/girls on the forum who know the law about a issue.

As far as I know, the consumer have the right to pay for account and services up and till the 7th of each month. It that correct?

Does the consumer have to right to choose what ever payment method he/she chooses to use, or is the consumer cut out of that?

I have been having problem with a certain ISP who has on two accounts deducted more than what they should have. Thus my reason for asking the questions above. Because I rather prefer doing EFT, because I give me more control over my account with the ISP and my own bank account.

The ISP say that they do not accept EFT payments, but on every invoice they sent me. They give their bank details and very nicely tell you what to do when you in fact make a EFT payment. i.e What to use as Payment Referce and where to sent proof of payment

No - there is nothing about the 7th. Your payments terms are as agreed in the 'contract' between you and whoever provides the services.

The payment method is also subject to the 'contract'. There has been an argument about legal tender and acceptance thereof but the sales process starts before the exchange of payment.

 

[MickZA]

I have been having problem with a certain ISP who has on two accounts deducted more than what they should have. Thus my reason for asking the questions above. Because I rather prefer doing EFT, because I give me more control over my account with the ISP and my own bank account.

If the ISPs debit order fails they are entitled to charge penalties for the costs incurred, bank charges & admin fees. The fact that you made an EFT payment does not absolve you from the obligation to ensure that monies are available in your account to cover the debit order on the date you agreed to when you entered into the agreement with the ISP.

 

[hellfire]

Hi

I would like to pick the brain of all the guys/girls on the forum who know the law about a issue.

As far as I know, the consumer have the right to pay for account and services up and till the 7th of each month. It that correct?

Does the consumer have to right to choose what ever payment method he/she chooses to use, or is the consumer cut out of that?

I have been having problem with a certain ISP who has on two accounts deducted more than what they should have. Thus my reason for asking the questions above. Because I rather prefer doing EFT, because I give me more control over my account with the ISP and my own bank account.

The ISP say that they do not accept EFT payments, but on every invoice they sent me. They give their bank details and very nicely tell you what to do when you in fact make a EFT payment. i.e What to use as Payment Referce and where to sent proof of payment

You can dispute the debit order with your bank. The bank will refund you. You can do this every month - just be sure to EFT the guys so that they don't turn off your service

 

[Paul Hjul]

legal tender is only at play once there is a debt or obligation to settle
basically the situation you are dealing with with respect to most ISPs is that they process on a debit order system to farm out the processing of collecting money, once you owe them the money they'll take it by EFT but its a bit of a bitch to process and they've probably consolidated arrears management and EFT checking. However EFT payment is not legal tender - cash is. Ultimately if you owe the ISP money you can walk into their registered office during ordinary morning office hours and pay them in cash and they have to accept it or risk a court holding the debt unenforcable

Look to your contract ...

 

[grant_cpt]

Thank you guys for all your responses. As a student, you have to turn around every cent

Thus my reason why I want to do EFT, because every time a debit order goes of my account, where successful of not, I'm charge a fee. But if I can opt for EFT that amount is way less. In fact thee first 5 EFT payment are of free.

Regards
Grant

 

[MickZA]

If your current ISP insists on D/O's you'll have to switch to another to avoid these costs, I think the cheapest ISP for struggling students that is happy with EFTs is probably axxess.

 

[Greig Whitton]

If the ISPs debit order fails they are entitled to charge penalties for the costs incurred, bank charges & admin fees. The fact that you made an EFT payment does not absolve you from the obligation to ensure that monies are available in your account to cover the debit order on the date you agreed to when you entered into the agreement with the ISP.

They can charge penalties, admin fees, etc. provided that this is stipulated in the contract.

As an aside: suppliers should be wary of how they define penalties, fees, etc. for late payment in their contracts since they may unintentionally open themselves up to National Credit Act compliance.

For example, a supplier that charges a "late payment penalty" when customers don't pay on time may be deemed a credit provider under the NCA. However, the same supplier charging a "breach of contract penalty" (where not paying on time constitutes a breach of contract) would likely NOT be deemed a credit provider under the NCA.

 

[McGuywer]

If your current ISP insists on D/O's you'll have to switch to another to avoid these costs, I think the cheapest ISP for struggling students that is happy with EFTs is probably axxess.

I agree. My thoughts exactly. Just switch and save yourself the hassles.