OfCom migration code of practice? Latest version?

Hi,

I'm currently arguing with BT Retail over my final bill.

Whilst I migrated to plusnet, BT didn't seem to realise and so they still showed me having infinity. It was only cancelled when I called. Unfortunately this then resulted in a £30 cease charge

After a lot of arguing with poorly trained staff they've now refunded the £30 charge but are sticking to the fact that I owe them for the broadband up until 30 days after I migrated.

I'm pretty sure this is wrong but was offered no escalation path. The reason being it is wrong is that I got my MAC on 31st August but delayed migration until 19th September to minimise paying BT and plusnet together.

At worst I owe them 30 days from 31st August. I'd actually say I think I only owe them up until 19th September as I'm leaving due to the price rises they implemented, and so I don't think the 30 day notice is enforceable.

So my question is, is the migration code of conduct still relevant, and does it still say that the notice period should begin when MAC is requested?.

A link to this at ofcom would be great

Ofcom do not stipulate anything about the notice period when leaving using a MAC. It is up to the individual ISP and normally appears in their T & Cs.

The two common ways are:-

1) The issue of the MAC is taken as the start of the notice period if the customer does leave. If the customer does not leave, the notice lapses and everything continues as normal.

2) The customer has to give separate notice, but that notice is rescindable right up to the last minute if they change their mind.

Every ISP I have ever searched I have found the relevant information within a couple of minutes. I have just spent 10 minutes or so trying to find it on the BT website and failed miserably. I can't even find legal Terms and Conditions.

There is a 3rd way:
3) n-days Notice starts on the day that the MAC is used by the gaining ISP, i.e. on the day of migration. EE use this method with n = 10.
or a combination of the above.

It is not clear whether BT use this same method with n = 14 or a further method which is a slight variation of it:
4) n-days Notice starts on the day that the MAC is given to the gaining ISP, i.e. on the day of order. BT seem to use this method with n = 14. But how would they know?

BT's T&Cs for this eventuality can be found here:(Hint: BT Home/ T&Cs at foot/ At Home)

In reference to www.productsandservices.bt.com/consumerProducts/dynamicmodules/page...:

25. Once we have provided the service, you may tell us to stop providing it at any time, either by giving 14 days' notice if you are switching to another provider through an approved switching process, or by giving 30 days' notice if you are leaving for any other reason. We will accept an order you place with another provider using an approved switching process as notice, or from you direct via a range of methods including phone, e-mail, online chat and in writing. You can contact us to give notice using any of the contact details set out on your last BT bill or any other means of contact we have given you, for that purpose.

@OP: I reckon you owe them 14 days from 19 Sept to 3 Oct, but they are treating you as not having used a MAC.

Even tho' you may be leaving due to the price rises you still have to give the same notice, see §58 ibid. So nowt to be gained there.

Your escalation path is a formal letter of complaint.

Excellent info. Useful for me, essential for the OP .

Thanks that really helps.


I would read it slightly differently. I placed an order with plusnet on 31st August , which would have been sent to openreach pretty soon after. So is this order not starting my notice?

When googling for info I found the link below. it's not the best source but point 16 days my notice starts when they give me the Mac.

http://www.ukbroadband-advisor.co.uk/doc.pdf

My annoyance with this whole process is that MACs are valid for 30 days and you can normally select a migration date towards the end of that period. This is surely so you can allow for a notice period and avoid paying two ISPs. If notice is only taken when you actually leave, then this delay is pointless and you can't minimise paying two ISPs at all.

In reply to a post by Kr1s69:

I would read it slightly differently. I placed an order with plusnet on 31st August , which would have been sent to openreach pretty soon after. So is this order not starting my notice?

Yes, that is what the BT T&C actually says. But, as I said, there is no way that BT would know this and therefore cannot be a party to it. OR do not, indeed are not allowed to, tell the gaining ISP anything about the losing ISP other than the date of migration. However as you point out that is BT's wording and you should be able to argue this with BT.

That link has no official standing and §16 is not mandated by OFCOM. In fact it is a nonsense. If BT's 14-day notice started when you were given the MAC and you migrated 25 days later why should you end up with 11 days free BB from BT? Indeed OFCOM says:

In reference to forums.thinkbroadband.com/general/f/4369309-ofcom-migration-code-of...:

However, it's important to remember that you need to operate within the terms of your existing broadband contract.

It is a fact of life with BB that you often end up paying 2 ISPs for an overlapping period.

The best advice has always been to notify your "old" ISP when migrating, I normally tie in a migration to near the end of a "paid"month, after requesting a MAC and then choosing the date I usually give notice to expire a couple of days after migration (to allow for small delays), this notice often being passed to the losing ISP around the same time as I submit the MAC. There is nothing preventing you from sending a Notice to "close the account due to migration with effect from xx billing date "

A key point to remember is the MAC has to be passed to the gaining provider before the 30 day validity expires, It seems that often people make the mistake of thinking that the MAC can only permit a migration *within a 30 day period* which is not the case, the migration can take place a couple of weeks after "expiry" of the MAC as long as the gaining ISP has passed the request to Openreach before the MAC expires.

I don't think I have ever overlapped ISPs by more than a couple of days, and in the case of my move from UKFSN The MAC was over 4 weeks old by the time the migration took place. Of course never use the word cancel, as many Customer service droids take this to mean a service cease, rather than a migration.