In reply to a post by DFScale:

In reply to a post by Rhynchelma:

I think that any such complaint would pretty much fit the definition of frivolous and vexatious.. IANAL though.

Strangely, the intent would not be to cause cost and the complaint would have a serious purpose. So therefore it would not be frivolous or vexatious. If you think it is, then you have misunderstood.

In reply to a post by DFScale:

OP could start thinking along the lines of putting in a formal complaint making clear it will be escalated to the ombudsman if it is rejected. That would give the ISP a complaint investigation fee to pay and move this on from being considered in the ISP's goodwill frame into the ISP's self interest frame

In reply to a post by DFScale:

The case only has to be arguable for reference to the ombudsman. But if you think that this is about winning at the ombudsman stage, then you have completely missed the point.

AIUI you can go to the ombudsman after 8 weeks. The deadlock letter allows you to go sooner. The hope would actually be to get this to whoever authorises deadlock letters so that they can decide whether it is better to let OP proceed with a complaint [at cost to TT] or for TT to back down.

Edited by XGS_Is_On (Sun 03-Aug-25 19:32:30)

In reply to a post by DFScale:

In reply to a post by XGS_Is_On:

They don't use BTW for FTTP or FTTC, no. They don't even for ADSL as far as I know: they got rid of all of those customers. To sell to an area they need to have fibre to the OLT serving it. If it's a new OLT a delay isn't uncommon. With that in mind they don't offer FTTP to OP and will make it available in due time. Quoting OP they said they couldn't supply when they called and supply they cannot right now.

Either way they aren't obliged to sell anyone anything. The ombudsman can and should refuse to consider frivolous or vexatious complaints.

Perhaps a complaint will elicit the information on which you are speculating. Or if they can actually do it, it might spur them to do it. Either outcome would be more than OP seems to have at the moment, so I would not consider it frivolous or vexatious.

If you think 'My service is working fine but you don't offer a service I want to upgrade to in my area and want to hold me to the contract I agreed' is a valid reason for an escalated complaint that's your call. Your earlier comment about trying to blackmail the company using the costs of the ombudsman undermines somewhat.

In reply to a post by XGS_Is_On:

If you think 'My service is working fine but you don't offer a service I want to upgrade to in my area and want to hold me to the contract I agreed' is a valid reason for an escalated complaint that's your call. Your earlier comment about trying to blackmail the company using the costs of the ombudsman undermines somewhat.

Are we dealing with "won't" or "can't"? I may have missed it, but OP doesn't really know at this stage. I think OP deserves to know and if it takes the complaint process to get to that stage, I think that is fair use of the complaints process. If it turns out to be "won't", I think pressuring with the complaints process is also fair, although I would not push al the way if it is "can't"

I am not sure if it is cant or wont. Rep said it was with a specialist department but didn't elaborate. I am prepared to wait til Oct 26 when contract runs out.

I have already had an escalated complaint about billing which took months to resolve satisfactorily so wasn't planning a complaint at this stage rather wait it out.

Out of interest who would you switch to if you left TTB? Mark Jackson from ISPReview is on the Sky News Money Blog today and suggests some providers (EE, Sky, Vodafone) may pay towards the early termination fees.

Yes I have heard the EE advert offering 300 quid credit but I think it says 50% availability. I have asked for a quote of early termination fee. My preferred ISP was Plusnet or EE or Zen.

I want an OpenReach supplier to connect me to full fibre. Can I sue OR as there is no such service to my property?

One can only complain about what is supplied.

You are the only one thinking your way. Plenty of others see it differently. I wonder who will be correct?

In reply to a post by broadband66:

I want an OpenReach supplier to connect me to full fibre. Can I sue OR as there is no such service to my property?

One can only complain about what is supplied.

Of course you can sue them for that. But we are not talking about suing.

We still don't know whether this is can't or won't, but in terms of what is supplied, not supplying the best which is available is a valid complaint.

In reply to a post by broadband66:

You are the only one thinking your way. Plenty of others see it differently. I wonder who will be correct?

Ah, the Argumentum ad populum fallacy https://en.wikipedia.org/wiki/Argumentum_ad_populum refers

Regardless of who is correct, your argument is fallacious.