In reply to a post by nyctomanica:

When I brought up the SIN506 minimum speeds of 110mbps for this service, I was transferred to another *much* less helpful person, who simply said

"This is an up-to service, therefore we have no minimum speed guarantees. Furthermore, we have run tests from our end and determined that there is no problem, so you WILL be charged if you decide to escalate this to our supplier."

In reply to a post by nyctomanica:

I've just got off the phone with my account manager.

Initially he said 'oh I am very sorry but we'd have to charge you the termination fee as this is down to congestion on your local fibre network, outside of our control'

It sounds like they think they are still an ADSL supplier and I know I keep banging on about this, but it looks like they are doing ADSL style throttling.

Edited by DFScale (Tue 04-Feb-25 15:19:45)

I quite believe the ADSL style throttling is a major part of the issue!

also on an unrelated note, there's another thing that was bugging me about Spitfire which further lends credibility to the fact they're unprofessional.

Every IPv6 address in my assigned /48 from them has my full name in the reverse DNS record!
I've asked to change this, and they have informed me they cannot.
GDPR be damned it seems.

Unfortunately I never got around to moaning about that, ended up just routing v6 via A&A because it was less bother...

Still waiting for that call back too...

They've now said the following by email.

"You referred to terms and conditions that mean you are eligible to waive ETCs, if you can provide what you are referring to here, then I can discuss internally. As I am sure you can appreciate, I do not have the authority to waive charges, so if you are contesting this potential charge, it would be prudent for me to portray your query accurately."

I'm responding to this quoting the consumer rights act, and saying why I believe that reasonable care and skill has not been taken to resolve the issue...

Hopefully they see some sense, agh

Cripes they’re being obtuse. You really need to spell it out for them….

Spitfire, you’re not delivering what I’m paying you for. As you’re not delivering (anywhere near) what I’m paying you for, and you have not done for the past x weeks, despite my prior notification of this issue, under simple contract law (let alone the Consumer Rights Act) you have breached the terms of the agreement.

Spitfire, you are in a continuing contractual breach of our agreement. You have been in contractual breach of our agreement since x date.

I am therefore giving you notice to rectify this immediately (deliver what I’m paying you for), to my satisfaction, or notice is given that the contract is terminated without any penalty or further payment from x date.

Yours sincerely

Hugely disappointed and disgruntled

In reply to a post by Pheasant:

Clause 12.6 is the key. A pretty cowardly and pathetic attempt at extricating themselves.

Can be paraphrased as "The law does not apply to the extent that the law allows it not to apply"

Yeah right. I'm not a lawyer, but I read it three times time over and thought what a load of utter drivel.

In reply to a post by Pheasant:

Yeah right. I'm not a lawyer, but I read it three times time over and thought what a load of utter drivel.

The thing is this is a business ISP, and I'm guessing the OP has signed up as such, consumer rights act doesn't apply, nor do OffCom consumer terms, it will be a contract dispute.
I found out when my TTB phone line went down, it was virtually a case of "Hard luck, we'll get it sorted some time or other, you'll not get any compo".

Compo? as in automatic compensation scheme for broadband outages? Yeah definitely not in this case.

Business contracts generally fall back to a service credits scheme for outages (based on calculated service availability) and performance - aka Service Levels, SLAs. There’s usually targets around service restoration too, response times and time to repair.

This contract with Spirfire offers none of those business-focused contractual aspects, that could see.

I agree, I think the best outcome for the OP would be to get out of the contract and sign up with a better service provider.

I had an email this morning from Spitfire, saying that my email requesting to cancel the contract without penalty under the CRA had been forwarded to my account manager's superior.

Nothing further, just that it had been sent up the chain.

I also had a call around 15 minutes ago with their head of support, who once again said a whole lot of nothing.
The usual 'yes the issue exists when connected directly to the ONT', as well as 'we have run tests inside Openreach's network to your ONT and found no issues'.

I suggested that maybe the issue lies in the handover between OR and Spitfire, but this was flatly denied. 'It can't be, other customers would complain'

Told him that I was trying to leave, as clearly an Openreach engineer would not be able to fix this, and he advised to speak to my account manager or pay up to £200 for an engineer's pointless visit.

Still waiting to hear back from them, as I'm now certain that they cannot fix the issue and want to leave.
Fingers crossed they let me, agh!

I don't expect any compensation, all I want is 'this is when your last bill will be, this is when services will cease, goodbye'

Edited by nyctomanica (Wed 05-Feb-25 13:34:47)