Vivaciti slow every patch Tuesday - stuck in contract

I upgraded to FTTC in March 2015 with Vivaciti and have a line rate of 56mbit or thereabouts. The following table shows the outages I have had with speeds dropping to below 2mbit, sometimes less than 0.5mbit and I am now fed up and want to leave because they clearly don't have the capacity to cope with peak demand. I am in a 12 month contract and have asked them to leave based on the outages below and they have refused.

16-March 2015 4 hours
13 May 2015 8 hours
18 Sep 2015 8 Hours
22 Sep 2015 48 hours
14 Oct 2015 48 hours
11 Nov 2015 6 hours

I have printed out and have in PDF form support tickets logging the above. On a few occasions they have told me they will upgrade the bandwidth on "my node" but the problem seems to persist and they give the excuse of Microsoft Updates.

I notice that they have signed up to the Ofcom code of practise, http://stakeholders.ofcom.org.uk/binaries/telecoms/c... look at section 36.

I am a member of Which and am considering ponying up the £29.99 to join their legal service, but wondered if it was worth it. Not sure what to do now, all I want to do is move to Zen and terminate my contract early and they have said I am free to leave but I will have to pay my way out (contract until March 2016). Roughly £200-£250.

Previous thread:
http://forums.thinkbroadband.com/fibre/f/4420749-fed...

you should still take some advice though
,,
easiest way is to have a new phone line installed with BT or sky or talktalk
you can just ask BT to transfer you number and that will automatically terminate your contract with Vivaciti once they have taken the number just make sure you have cancelled your direct debit so they don't try to take out £250 off you

send them a letter with times that capacity is insufficient, that they are in breach of contract, at best you get a mark on your credit rating and they probably chase you up for the money to pay the other months off i just respond back with the info you have got about not been able to cope with Peak time demand and your not paying termination fees

if you move to BT on the current phone line BT can force the current ISP it to be dropped from the line, just tell them that you need to remove the current service at the address that is on the line forcibly (i have done it a number of times before when previous ISPs was not cooperating to correct an line fault) as they own the lines any way, but you could be without service when you do it, but norm they do the switch on a set day so the risk of no service is low as you already have FTTC live and a active phone line so its more press of a button job and a new router (as long as you do it this month and not in december)

Edited by leexgx (Sun 15-Nov-15 10:57:49)

You are getting mixed up there leexgx. Migrating a line is entirely gaining provider led these days. No "forcing" needed.

I think you are talking about the days when you needed a MAC to migrate broadband.

In reply to a post by keymoo:

I upgraded to FTTC in March 2015 with Vivaciti and have a line rate of 56mbit or thereabouts. The following table shows the outages I have had with speeds dropping to below 2mbit, sometimes less than 0.5mbit and I am now fed up and want to leave because they clearly don't have the capacity to cope with peak demand. I am in a 12 month contract and have asked them to leave based on the outages below and they have refused.

16-March 2015 4 hours
13 May 2015 8 hours
18 Sep 2015 8 Hours
22 Sep 2015 48 hours
14 Oct 2015 48 hours
11 Nov 2015 6 hours

I have printed out and have in PDF form support tickets logging the above. On a few occasions they have told me they will upgrade the bandwidth on "my node" but the problem seems to persist and they give the excuse of Microsoft Updates.

I notice that they have signed up to the Ofcom code of practise, http://stakeholders.ofcom.org.uk/binaries/telecoms/c... look at section 36.

I am a member of Which and am considering ponying up the £29.99 to join their legal service, but wondered if it was worth it. Not sure what to do now, all I want to do is move to Zen and terminate my contract early and they have said I am free to leave but I will have to pay my way out (contract until March 2016). Roughly £200-£250.

Previous thread:
http://forums.thinkbroadband.com/fibre/f/4420749-fed...

So they are playing like that, Right you have given them the chance to fix the issue, they have failed to do this , you aren't getting the service that you are paying for, go to their ADR ombudsman services, and raise a complaint is your next step, basically asking again that they fix their capacity issues, and refund/compensate you for those times you could not use the service, and also a reasonable amount for your time spent writing or phoning them as well as any associated expenses such as call costs and postage costs, or they release you from the remainder of the min term penalty free, don't move and don't stop the DD yet, keep all e-mails and any copies of all correspondence by post ,

If you aren't satisfied by the outcome of their ADR process you can still register it in the small claims /county court, (what you feel they owe you+ reasonable costs), So a typical claim would be for the entire contract term, if the court finds in your favour, and they don't pay, you can get those men (high court sheriffs ) to take it away , though i doubt it would ever get that far, it would be in everyones interest if they provided the service that you are paying for, or if they are unable to do that , come to some financial arrangement that you are happy with, or release you without penalty for the unused remaining months

Edited by tommy45 (Sun 15-Nov-15 18:42:08)

been about a year or so from last time i have had tell them to just take over the line via another provider (they move to BT so they can get the fault fixed and move to another provider after 18 months) i not had problems with sky or talktalk as well thought

but gets a bit long winded when you have to talk to a monkey on the other end of a phone reading a script out(just reset the line please, are you on WiFi.......), some of them are smart enough and just whack next 10 times so they can get to the screen that lets them raise a ticket with Openreach to reset the line profile within 48 hours witch is all i want them to do, (people not using filters and extensions so making line drop to under 1mb, i fix most local issues right away getting the ISP to do what i tell them is another matter)

I asked them what they were going to do to improve my experience, as one last chance. I got this:

"Again I am sorry you are not happy, the issues you have had have not been outages they have been when the network is heavily stressed this is do to the way some providers of software solutions have decided to release their updates. This issue is not only effecting us, but a vast majority of providers. It is not possible to have in place enough capacity for a once a month surge on bandwidth. More capacity has been deployed across all nodes and continues to be increased where needed, your own node has had a number of capacity increases already."

So, in other words, nothing. I've started a new complaint with the ombudsman services, let's see if they can do anything.

Edited by keymoo (Mon 16-Nov-15 18:48:49)

Did you ever get satisfactory outcome to this?