Rather than upset someone else other than your ISP, why not admit you have been hasty and inpatient. Also why not admit that you were surprised to receive a response on a sunday of all days.

I rather have a lack of basic literacy skills than stress issues expecting the world to stop on a Sunday because I have been shortchanged £60. So yes I do think your acting like a loser.

In reply to a post by Stanman_24:

All I am saying is that the user has started dialogue with the ISP about issues concerning monies he feels he is owed.

He has now taken it a step further by highlighting these issues even though they are still on going.

I would of at least been patient and given the ISP 28 days notice in writing before acting the way he has.

When a refund is due it is only fair to accommodate the supplier in cases where they may need to make investigation before processing a payment. Your damaged goods example is a good one. However, in the case of a service, Xilo don't need to wait until they can inspect goods before issuing a refund. Indeed, they were able to confirm with their supplier within 24 hours that the order for broadband had been cancelled. What more is there to investigate and why should the matter still be ongoing?

Xilo appear to be investigating whether they need issue a refund at all, and if so whether they are entitled to deduct cancellation charges. This is something which in my view a company should have sought appropriate advice on before commencing trading. Again, a reasonable person would make allowances where the nature of the contract is outside of the suppliers usual business or where the supplier has only been trading a short time and therefore does not have much experience. However Xilo have been in business for years, selling amongst other things broadband connections.

In reply to a post by Stanman_24:

For example you buy something from Littlewoods or very.co.uk and it is damaged in transit, you reject it before it enters your house and require a refund. Their policy states they have to have the items returned and in their possession, then carry out an inspection before they issue refunds. This takes up to 6 weeks.

Not only is that policy fair just and reasonable to both Littlewoods and the consumer, it is also part of the distance selling regulations that consumers are required to return goods for inspection before claiming a refund. Nobody has shown me the statute or court case which suggests I am required to wait a specified period of time before objecting that the price I paid for broadband has not been refunded.

In reply to a post by Stanman_24:

I understand the consumer but on the other hand he believes he has been treated unfairly yet does not allow the ISP to defend themselves nor has allowed sufficient time for an investigation and outcome.

I don't agree with this point. If the ISP wish to defend themselves that is their matter. I have not attempted to obstruct them in doing so, and I have not asked websites to remove any content they have posted, nor have I threatened to sue them for what they have written online.

What you think is sufficient time, what I think is sufficient time, and what an ISP thinks is sufficient time are likely three different periods and this is exactly the matter in dispute. What you appear to have missed is that if this case is decided in court (at my expense and risk), the outcome will give very clear guidance which consumers and ISPs alike can rely on in future. We will all know where we stand. I've also provided something of a public service by sharing what I have learned and linking to legislation and OFT guidance which would save other broadband consumers the burden of doing copious research to identify the relevant points.

People can take from this what they like if they consider it helpful or not. Interestingly, Xilo claim the right to take legal action and assess fees when a customer is overdue, and there is no provision for honest mistake or time to investigate:

In reference to www.xilo.net/legal/terms_of_service/:

Any non-payment of an invoice may be subject to late payment at 4% of any overdue invoice. The customer is responsible for all money owed on the account from the time it was established to the time that the customer sends an electronic cancellation request...

Services that are unpaid past the due date will be suspended and terminated.

We reserve the right to hand over any unpaid accounts to one or more, of our appointed debt collection agencies, Daniels Silverman Limited or Henriksen Limited and collect 8% interest on any amount owed. Our collection agencies may also levy a further fee added to the total debt for costs incurred in collecting the debt.

Why is it okay for Xilo to use legal remedies to recover past due amounts but not okay for me to use legal remedies to do the same? Where does Xilo say in their terms that they will give the consumer time to "investigate" why the internet service bill has not been paid? Why should I extend a courtesy which would not be reciprocated? Xilo say in the case of a web hosting contract that they would suspend service and delete data. What if the payment didn't clear because of a problem at my bank, or I had forgotten to ensure funds were available, or a cheque I had deposited had been dishonoured through no fault of my own and there weren't sufficient funds available to pay the broadband bill, despite that I'd taken arrangements to make sure it were paid?

Thanks for replying back on topic and leaving the personal comments out.

Edited by deleted (Tue 19-Mar-13 17:33:00)

I don't think this thread is helping any party so let's try and take the heat out of it shall we?

Companies and/or teams within organisations that have either a technical support or customer service role usually have a ticket/e-mail queue and will deal with matters in the order in which they are received which is the fairest way. (I do know about this as I work within a technical support role and receive my work via such systems as well as the telephone)

This does occasionally lead to slower responses than the customer or the organisation would like but it is nonetheless the fairest way of doing things as you will ALWAYS have a situation where demand outstrips supply and delays result.

You also have to allow time for whoever in the organisation to look into what you have asked them to do and bear in mind third parties are involved here too who may impose restrictions about fees they charge Xilo which perhaps Matt is looking into, have you considered that possibility?

The people at Xilo I have dealt with including Matt have been extremely helpful and believe me I have asked lots of questions both before and after the service was connected as i have to work from home occasionally using VPN and there were a couple of teething problems regarding latency which were swiftly dealt with.

Raging on forums, via tickets or over the phone isn't going to help you or the person on the other end.

Think clearly and calmly, call Xilo tomorrow and ask calmly about your refund, if you treat them as human beings then I'm sure they will be more inclined to do what they can to help.

In reply to a post by tblackwood:

if this case is decided in court (at my expense and risk), the outcome will give very clear guidance which consumers and ISPs alike can rely on in future.

Outcomes in County/Small Claims Courts do not make Case Law; you need High Court for that.

In reply to a post by uno:

Actually to once again correct you, if you review the message posted 35 minutes after message on Sunday, which have have incorrectly stated has not been responded to, you will see there is a detailed response covering this.

If you choose to willingly ignore such a response, that is your prerogative but there was one there despite your "claims". I welcome truthful comments but many of your posts and claims within them are not.

I am open to free speech but not when you have, in our opinion posted here and various other places simply to force our hand.

Matt

I have not wilfully ignored any response. I emailed you today at 14:52 in the following terms:

Hi Matt,

As you have now involved a solicitor can I ask for their name, contact telephone number, email, and your permission to contact them directly in order to resolve this dispute? You would require to give your solicitor permission before they are able to talk to me directly.

I have no record of any email you claim on tbb to have sent on Sunday 17th March. Can you please send these again as I appear to have no trouble receiving your other correspondence. I have checked my email server and show no connection attempts from hosts belonging to you in all of Sunday.

I have received no reply at this time. It is interesting that I have received email correspondence regarding threats of legal action for what I have posted on the internet, but no correspondence regarding whether I can expect to receive a refund.

Post deleted by techguy

Have you actually picked up the phone and spoken calmly to anyone at Xilo or have you just taken to the internet to rant and rave?

In reply to a post by tblackwood:

I shall be raising an action in my local Court tomorrow morning, and cannot comment here while the matter is sub judice.

Did you go ahead with legal action?

In reply to a post by tblackwood:

Too funny! I have posted here only relating to a dispute I am having with a broadband supplier. Why should I take advice on how I use my time from one who has spent eleven years posting several thousand times on this website? Such invective from the peanut gallery serves no useful purpose in advancing any discussion about the relevant issues.

Actually it does. ISPs like many many businesses *may* have support working weekends but often not customer accounts - through whom such things as refunds would be processed. You do seem to have some patience issues, even a recalled DD or CC payment takes several (working) days to process. The post itself in a roundabout way illustrates a simple fact, that many businesses run with a lower availability of staff at weekends when those staff are off doing whatever it is they do.

It is also seems rather unfortunate that you have chosen to mock the amount of time spent posting by some of the forum members here - Less charitable people may feel that this is in some way bitterness because you have not found much support for your situation - I have to agree with others, refunds (If due) take time - in MANY fields - not just Broadband.

The final Irony for me is your lecturing a member here on Good manners.

Strange how this member registered only 10 days after the well publicized offloading of Bethere /02 retail to sky