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Standard User XRaySpeX
(eat-sleep-adslguide) Mon 25-Mar-13 14:14:17
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Re: Broadband charge problem


[re: deleted] [link to this post]
 
In reply to a post by jreckon:
The Ofcom document clearly states my broadband supplier is acknowledging and agreeing that I may be leaving which to any layman will be interpreted as acknowledging and accepting my notice of leaving.
You need to brush up on your English grammar. Note the word "may" in Ofcom's statement, it does not mean "is". It is simply saying the the ISP becomes aware that customer is thinking of migrating.

The T&Cs are the T&Cs of your contract. They are the legal terms under which your relationship with your supplier is operated. You can't just make up your own terms to suit yourself w/out consent.

Also when you give notice you are positively stating that you will be terminating the whole contract in a certain number of days, not just of "leaving".
In reply to a post by jreckon:
Now I understand more about it all and when I look back at how it all transpired it's fortunate that I did actually provide notice of leaving on multiple occasions regardless that I did not know it might be necessary to do so.
No, you never ever provided notice of termination, as you didn't even understand it was necessary and you still don't.

There many other misconceptions in your rant, but I cba.

1999: Freeserve 48K Dial-Up => 2005: Wanadoo 1 Meg BB => 2007: Orange 2 Meg BB => 2008: Orange 8 Meg LLU => 2010: Orange 16 Meg LLU => 2011: Orange 20 Meg WBC

Edited by XRaySpeX (Mon 25-Mar-13 14:45:43)

Standard User deleted
(deleted) Mon 25-Mar-13 14:52:55
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Re: Broadband charge problem


[re: MrSaffron] [link to this post]
 
Actually there is a no pre-requisite that I must move after providing notice of leaving either.

I decide when I want to leave as is my right. I decide how I will leave. I decide when to call BT cancellations to request a MAC. I decide how I provide notice of leaving and again this is my right. BT legals do not restrict or attempt to control my right to choose how I provide notice of leaving. All I need is acknowledgement of my request to leave which occurs when BT issues the MAC.

Ofcom made it very clear. I am simply following Ofcom guidelines.

What am I missing?

Why do you say requesting a MAC is not the same as providing notice of leaving?
Standard User XRaySpeX
(eat-sleep-adslguide) Mon 25-Mar-13 15:11:31
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Re: Broadband charge problem


[re: deleted] [link to this post]
 
In reply to a post by jreckon:
Actually there is a no pre-requisite that I must move after providing notice of leaving either.
How you work that out?

1999: Freeserve 48K Dial-Up => 2005: Wanadoo 1 Meg BB => 2007: Orange 2 Meg BB => 2008: Orange 8 Meg LLU => 2010: Orange 16 Meg LLU => 2011: Orange 20 Meg WBC


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Standard User deleted
(deleted) Mon 25-Mar-13 15:23:55
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Re: Broadband charge problem


[re: XRaySpeX] [link to this post]
 
My posting here has lead me to the conclusion that perhaps I was very fortunate because regardless that I didn't know notice must be provided for broadband and not just the telephone line. I did provide notice.

The fact of my giving notice need not be disputed any further. I did give notice. End of.

However, I do dispute that a requirement to provide separate notice is not in BT's legals. This is a discussion and in future someone may not have provided notice and they may be given wrong information unless this dispute is resolved.

I agreed to BT's terms and conditions but the terms are not the law. The terms must be applied in accordance with the law. I know that the law protects me from unfair terms in consumer contracts. BT's terms do not attempt to restrict such protection and even if it did it would be futile.

It's like I am supposed to accept that I have agreed that BT can continue to charge me for the service they are no longer providing and there is no legal challenge available to me to dispute it? This isn't the law and in fact long ago laws were introduced to prevent companies from getting away with unfair terms in their contracts.

Expecting payment when service has ceased doesn't appear to be a fair enforcement of one of the terms in BT's legals. How should I think about it to make it seem fair to me?
Standard User deleted
(deleted) Mon 25-Mar-13 15:34:52
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Re: Broadband charge problem


[re: XRaySpeX] [link to this post]
 
BT aren't allowed to terminate unless I specify exactly how I want to terminate.

I can sign up to BT broadband and on the day service starts I can call BT cancellations and inform them that I am giving notice of termination but at this time I haven't decided how I will be leaving and I will get back to them about it in the future.

I wait 5 years and once again call up BT cancellations and tell them I have decided to terminate now.
Standard User XRaySpeX
(eat-sleep-adslguide) Mon 25-Mar-13 15:39:34
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Re: Broadband charge problem


[re: deleted] [link to this post]
 
We all pay some overlap in BB services. As long as it is reasonable, say up to 30 days, and according to contract (as per that BT T&Cs I quoted to you earlier) it is considered fair by the regulators. To prove it unfair, it is not sufficient for you to say so, but to take it to Court and prove your point.

1999: Freeserve 48K Dial-Up => 2005: Wanadoo 1 Meg BB => 2007: Orange 2 Meg BB => 2008: Orange 8 Meg LLU => 2010: Orange 16 Meg LLU => 2011: Orange 20 Meg WBC
Administrator MrSaffron
(staff) Mon 25-Mar-13 15:49:01
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Seek legal advice


[re: deleted] [link to this post]
 
If you have not I would suggest seeking paid legal advice, I believe CAB would give similar responses to what myself and others have here.

I think you have tied yourself in knots, over an attempt to save a pound or two after the migration happened.

Andrew Ferguson, [email protected]
www.thinkbroadband.com - formerly known as ADSLguide.org.uk
The author of the above post is a thinkbroadband staff member. It may not constitute an official statement on behalf of thinkbroadband.
Standard User deleted
(deleted) Mon 25-Mar-13 15:53:23
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Re: Broadband charge problem


[re: XRaySpeX] [link to this post]
 
Ofcom are very clear about it. They allow charging up to the date the service ceased.

I don't have to prove it. Ofcom have already ruled on it.
Standard User XRaySpeX
(eat-sleep-adslguide) Mon 25-Mar-13 15:53:26
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Re: Broadband charge problem


[re: deleted] [link to this post]
 
In reply to a post by jreckon:
BT aren't allowed to terminate unless I specify exactly how I want to terminate.
Why not? They don't care how you arrange your future BB, if at all. You've asked them to terminate, so they will accede to your wishes.
In reply to a post by jreckon:
I can sign up to BT broadband and on the day service starts I can call BT cancellations and inform them that I am giving notice of termination but at this time I haven't decided how I will be leaving
That's your problem, not BT's! They will just cut you off at the end of notice period and present their bill.

I must say you have a perverted view of Contract Law. You can't just say "I'm giving you notice of termination, but maybe I won't.". They'll insist that you make it clear whether you are terminating or not.

1999: Freeserve 48K Dial-Up => 2005: Wanadoo 1 Meg BB => 2007: Orange 2 Meg BB => 2008: Orange 8 Meg LLU => 2010: Orange 16 Meg LLU => 2011: Orange 20 Meg WBC
Standard User deleted
(deleted) Mon 25-Mar-13 15:56:56
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Re: Broadband charge problem


[re: deleted] [link to this post]
 
In reply to a post by jreckon:
Ofcom are very clear about it. They allow charging up to the date the service ceased.

I don't have to prove it. Ofcom have already ruled on it.

We will be interested to see the results of your complaint (about BT) to OFCOM!
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