well ofcom have looked at the screencap and read through the T&C etc.

Their view is plusnet are been naughty and they suggest anyone who is been refused penalty free exit to contact them.

Also ofcom are contacting plusnet soon in regards to their obligation to contact the customers regarding the change.

Plusnet's legal check was probably about if they could get away with it, its clearly not a compliant move.

To me if you add up all the actions of plusnet in 2015, its clear there is cost cutting going on (alongside increase in prices), plusnet is been bled dry for profits as if its preperation for something. Maybe all the commercially sensitive stuff is to do with merging into BT retail or selling of the isp.

Edited by Chrysalis (Fri 26-Jun-15 13:00:31)

You have there gone into probably most of the legal niceties I have been referring to David. However I think it isn't as clear-cut as you suggest, which will be why you say "though it is possible a court would take the opposite view".

The need for access to the helpdesk at all is by definition not, (we hope), an ongoing occurrence. Just like any other form of insurance. It might be interesting to look at some car and house insurance companies , (edit - and the breakdown services), and carry out the same exercise as to the availability of help and emergency lines and where this is stated.

Edited by RobertoS (Fri 26-Jun-15 12:59:48)

Any links please, or did you ring them?

I contacted a contact I have within ofcom.

Since ofcom are now actioning this there will be something happening soon whether they release something in print I dont know.

To edit, I did also ring them via the official channels so there is my individual complaint logged also.

Edited by Chrysalis (Fri 26-Jun-15 13:05:32)

Do you have an individual complaint? I thought you recently said you are on a monthly contract now, so it doesn't affect you in terms of ease of leaving because of not accepting the change. You just leave.

Ofcom are only interested in exit without charge from minimum term contracts.

In reply to a post by RobertoS:

You have there gone into probably most of the legal niceties I have been referring to David. However I think it isn't as clear-cut as you suggest, which will be why you say "though it is possible a court would take the opposite view".

Indeed so. I'm trying to come at the situation from the point of a neutral observer and explain my understanding. I'm not a Plusnet customer so have no metaphorical axe to grind.

The courts tend to be reluctant to create a right of termination unless such a right clearly exists. It's an awkward situation where the true meaning (lawyers say "true construction") of the contract is unclear because of the word "other". There is also the issue of what represents material detriment in relation to a helpdesk that you hope to need occasionally at most.


Were this to come to court, it would be for both sides to put forward their arguments as to why their position is correct. I'm sure finer legal minds than mine will land up looking at this if the situation does not resolve somehow.

It's a good thing that Ofcom are looking at this from a regulatory standpoint. From a contractual standpoint it is the courts, not Ofcom, who are the arbiters.


My apologies if my coherence is a bit off - I've had very little sleep and my girlfriend is in hospital. We've learned this morning that she needs fairly urgent major surgery, so my mind is elsewhere.

Different scenario I think. They offer a service that requires a customer to call to get the service that is paid for.

The payment to an ISP is to get access to the internet.

Which can require support contact.

I wasn't trying to compare them directly anyway. Just the way it is covered in their advertising and blurbs, compared to their T & Cs. They were just the first types of provider that came to mind, hence the edit addition .

Thanks so much, David, for your insight and information on potential outcomes. It is all very helpful.

Hope all goes well for your girlfriend and she will make a speedy recovery.

Anyone can register a complaint, even non customers.

I am in month 17 of my 18 months.

Also regardless if I am still in the 18 months there is the matter plusnet have not informed me of the change.

Bear in mind my view just isnt my own I have already been advised from legal professionals on this.

plusnet t&c's state plusnet will provide what is on their sales page.
the sales contract also states 24/7 uk support/
Both of these mean that if the product spec changes the service contract is void unless the customer agrees to the change. 24/7 uk support is part of the product spec.

What plusnet can do is this.

They can remove 24/7 uk support from new customers only.
They can remove 24/7 uk support from existing customers providing they are informed and agree to the change of terms.

What plusnet are trying to do is cheat the system, if they only stopped it for new customers then they get the worse PR but also still having to pay night staff, obviously they want the financial gains from getting rid of the night staff.

There is also nothing stopping plusnet from keeping 24.7 "and" adding new staff for the daytime call congestion.

Edited by Chrysalis (Fri 26-Jun-15 14:21:56)