I contacted Enta, this is what they told me.
Unfortunately as this connection is billed to your reseller and also this is in a contracted period, we are unable to provide you with the migration code.
We have however spoken to the reseller now and he has advised he will be in touch shortly.
Trying to move away from UKFSN is getting more and more frustrating. The fact that UKFSN refuses to respond is just mind boggling.
This situation has several legal aspects of note.
You are not a party to the contract between UKFSN and their suppliers. Unless you were warned that you would be entering into a new minimum contract period before you agreed to be moved to Enta, you cannot now be subjected to a new minimum contract period by UKFSN. Any contract only embodies those matters the parties agreed on before the contract was formed.
Moreover, unless there is a recorded phone call or something in writing that shows you agreed to a new minimum contract period, UKFSN will not be able to show that, on the balance of probabilities, you agreed to a new minimum contract period.
If you did not agree to a new minimum contract period, it's unlikely your agreement to move to Enta is a contract varying your previous contract with UKFSN. Any purported contract to vary your previous agreement with UKFSN appears to be void for lack of consideration, because you did not pay or promise anything new.
If UKFSN entered into a minimum period contract with Enta in order not to break their contract with you, that's their look out.
Further, according to
section A1.11 of the Migrations Authorisation Code (MAC) Broadband Migrations Process Code of Practice, being in a minimum contract period is not a valid reason for refusal of a MAC. The Communications Provider should provide the MAC, then pursue the customer for breach of contract if the customer has broken a minimum contract period by leaving.
Of course, UKFSN is your Communications Provider, not Enta - though I appreciate you're talking to Enta to try to sort the matter out without having to wait for UKFSN.
I suggest returning to Enta, pointing out that being in a minimum contract period would not be a valid reason for UKFSN to refuse you a MAC. Request the MAC again, pointing out that it is up to Enta to enforce any debt owed to them by UKFSN due to a broken minimum contract period.
Ultimately, if UKFSN chose to continue providing service they are contracted to provide to their customers by moving customers to Enta without securing the customer's agreement to a new minimum contract period, they must take the risk of a customer moved to Enta breaking the minimum period of the contract UKFSN entered into with Enta.
Edited by deleted (Thu 14-Nov-13 21:47:50)