I haven't tied myself in knots or tried to save a pound or two after the migration happened.

The extra money they took isn't a big deal it's only around £50.

I would like it resolved but so far it hasn't.

Please supply a link to this quote. I cannot see it in Ofcom's Migrations Authorisation Code (MAC) Broadband Migrations Process Code of Practice.

In reply to a post by jreckon:

When the LSP is notified that a migration has taken place, the customer�s notice period (i.e. the date at which notice to discontinue service is taken for the purposes of calculating any outstanding subscription charges under the contract) will be taken to have commenced on the issue date of the MAC, or on the date of any prior notice to terminate, whichever is the earlier.

It seems unfair to the ISP:

Day 0: You request receive a MAC which has a life of 30 days
Day 25: You sign up to another ISP presenting MAC
Day 35: Other ISP migrates your BB ceasing your BT BB

Quoted Ofcom statement says notice started on Day 0 and ends on Day14, according to BT's T&Cs. So you pay BT only up to Day 14 and pay other ISP from Day 35.

So you get 21 days free BB? Is that right?

EDIT: No, it's not correct. That quote is not an obligation on the ISP and has been introduced here as a red herring.

Edited by XRaySpeX (Mon 25-Mar-13 17:49:31)

In reply to a post by XRaySpeX:

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.

Ofcom made it so. It's in the Migration Code of Practice and General Condition 22.

BT are not allowed to act on my notice to terminate until I tell them exactly how I will be terminating be it a broadband cease or a MAC request.

In reply to a post by XRaySpeX:

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.

It isn't in the legals for them to enforce such so they have no legal basis for doing such a thing.

Where does it say in the legals that I cannot give notice of termination while still being undecided on how to leave?

Has it occurred to you that if everyone you discuss this with disagrees with you, including your interpretation of the voluminous OfCom quotes you have posted, that there is the tiniest possibility you are wrong?

There is nothing in OfCom's publications to say you do not have to pay for whatever notice period you signed up for. OfCom is a regulatory and advisory body operating under statute, but it has no power to override established Contract Law.

The giving of notice is a specific action, requiring in most transactions a specific date for termination of the contract. It can not in normal circumstances be implied from woolly statements about intending to leave.

OfCom's recommendation to ISPs about the provision of MACs is that if the customer has not given formal notice in some other way then the issue of the MAC, (without looking it up I believe "issue" is the the relevant date not the request), should be taken as the start of whatever notice period is applicable to the particular contract.

Most ISPs follow that recommendation, but they have no need whatsoever to do so. Their T & Cs will be clear about the matter.

The fact you may migrate out on Day 8 of a 14-day or 30-day contract doesn't mean you don't have to pay for the whole of the notice period, even though you are no longer connected to their service.

If you buy a train ticket from London to Glasgow and get off at an intermediate stop and catch a coach from there to Liverpool, would you expect a refund of part of your train ticket price?

From the parts of your posts that I remember, as you are hardly the clearest presenter of a point of view, the earliest you did anything formally was when you requested the MAC. That is the earliest your notice period could be deemed to have started.

In reply to a post by XRaySpeX:

Please supply a link to this quote. I cannot see it in Ofcom's Migrations Authorisation Code (MAC) Broadband Migrations Process Code of Practice.

In reply to a post by jreckon:

When the LSP is notified that a migration has taken place, the customer�s notice period (i.e. the date at which notice to discontinue service is taken for the purposes of calculating any outstanding subscription charges under the contract) will be taken to have commenced on the issue date of the MAC, or on the date of any prior notice to terminate, whichever is the earlier.

It seems unfair to the ISP:

Day 0: You request a MAC which has a life of 30 days
Day 25: You sign up to another ISP presenting MAC
Day 35: Other ISP migrates your BB ceasing your BT BB

Quoted Ofcom statement says notice started on Day 0 and ends on Day14, according to BT's T&Cs. So you pay BT only up to Day 14 and pay other ISP from Day 35.

So you get 21 days free BB? Is that right?

No. Ofcom also made it clear the LSP can charge up to the date the service ceased. I am not disputing this. I accept that BT can charge right up to the 21st of January.

Like I said I am not disputing charges up to the 21st of January. Ofcom made it clear that the LSP can charge up to the date the service ceased.

My BT broadband ceased on the 21st of January and I am fine with BT charging for their service up to that date.

What I am not fine about is others suggesting without actually providing legal basis that BT can charge beyond the date the service ceased.

When my BT broadband has ceased I am no longer being providing with the broadband service so the contract shouldn't be applicable beyond the cease date?

Post deleted by XRaySpeX

Hence why I recommend taking legal advice from someone who will reach behind them for a book and quote contract law.

That meeting will cost you more then £50 even it it takes just 10 minutes.

If the Ofcom statement is saying what you think it is then solution open to you is to not pay the money owed, and when the debt collection notices appear to appeal. Or pay and then pursue the matter via small claims court.

Hence recommendation to seek advice from a contract lawyer. I think you are mis-interpreting the Ofcom General Condition 22.

OK Found it!

Edited by XRaySpeX (Mon 25-Mar-13 17:23:08)