Steps for resolution:
I would start by
raising a ticket on the portal to support requesting either a migration back
or a cease on the line (depending on whichever option you choose)
I would allow them a total of 8 days to resolve it but send a reminder after 4 days if you do not hear back.
If that fails I would ask them to escalate the issue to the manager and allow them one more day for a response (in addition to eight for the previous step)
If you still don't hear back or the response is now what you should expect then it is time to start the
formal complaints procedure.
In reply to:
Our Obligations
PlusNet has a number of obligations that are required by UK legislation. These obligations ensure our customers are provided with choice and consumer protection. PlusNet takes these obligations very seriously as they ensure that the needs and demands of our customers are met and that we deliver a service which is second to none.
When we provide service to you, we promise to use all the reasonable skill and care of a competent Internet and Telecommunications Service Provider. The formal details of the general terms and conditions of our contractual relationship with you, our customer, can be found here.
Note - if you are terminating (ceasing) the line and migrating away to another ISP you
do not have to give one months notice since you are doing so due to a breach of contract by PN.
PN's site states the following:
In reply to:
Complaint Resolution
Whilst we aim to deliver a high level of customer satisfaction, we acknowledge that from time to time problems do occur. We are committed to ensuring that every effort is made to resolve any difficulties quickly and to your satisfaction. However, in the unlikely event that you feel your issue needs to be escalated, we ask you to provide our Customer Service Director with details of your issue in writing. This allows the opportunity to fully investigate your case, ensuring that an appropriate, informed decision is taken.
Our Head Office address is as follows:
Customer Services Director
PlusNet
PO Box 3704
Terry Street
Sheffield
S9 2WL
If after utilising the support methods detailed above you remain dissatisfied, then you have the option of independent adjudication via referral to our Dispute Resolution Scheme.
As a member of the Internet Service Provider Association (ISPA), PlusNet utilises the Communications and Internet Services Adjudication Scheme (CISAS) provided by the Chartered Institute of Arbitrators for ISPA members, which is supported by Ofcom.
Should you wish to refer your issue for the independent consideration of CISAS, then the agency contact details are as follows:
Via their website:
http://www.arbitrators.org/cisas
By Post:
CISAS
C/o The Chartered Institute of Arbitrators
12 Bloomsbury Square
London
WC1A 2LP
By Telephone:
020 7421 7444
Please refer to us as PlusNet plc in any correspondence with CISAS.
Although they suggest that you can go to CISAS my advice would be to contact ISPA first. ISPA have a
Code of Practice that applies to its members. Since the ISPA route can be much more speedy I would contact them citing some or all as the breach of the Code (below) and should that fail you would still have the option of going to CISAS:
In reply to:
2.3 Honesty
2.3.1 Members shall use their reasonable endeavours to ensure Services (excluding Third Party Content) and Promotional Material are not of a kind that are likely to mislead by inaccuracy, ambiguity, exaggeration, omission or otherwise.
2.4 Fair Trading
2.4.1 In its dealings with consumers, other businesses and each other, Members must act fairly and reasonably at all times.
2.4.2 Members must, upon request, use reasonable means to bring to the attention of their Customers the existence of the Code and must notify any Customer of the Complaints Procedure, where that procedure is available to the Customer.
2.5 Customer Contracts
2.5.1 Members shall ensure that they bring their Terms and Conditions to the attention of all new Customers before such Customers register with a Member for Services.
2.5.2 Members must include in their contracts with Customers a provision requiring Customers to comply with the UK law in using any of the relevant Member's Services.
If you do decide to use CISAS then be aware that it will cost you nothing and if you are unhappy with the decision then you can still go to court for a resolution.
My personal opinion is that PN are also in breach of this Code:
In reply to:
3.2 Pricing Information
3.2.1 Members must ensure that charges for Services are clearly stated in relevant Promotional Material. Members must make clear whether any such charges quoted are inclusive or exclusive of VAT. Where additional charges, for example on-line charges, are payable this should be stated.
3.2.2 Members must use reasonable endeavours to ensure that textual pricing information relating to charges for Services is accurate, up to date, legible, prominent and presented in such a way that does not require close examination.
Legal Help and Advice
You can claim through the
small claims track through the County Court Online to recover the money from PN.
Consumer Direct
Trading Standards
Citizens Advice
Consumer Direct
Consumer Line
Direct Debit Guarantee
ISPA
OFCOM
Which? members have a legal helpline for free. Most people have legal cover built into their building or contents insurance policy that not only provide free help but can also take action with no costs to pay on your part. Check through your union or work to see if you have free access to legal help.
If you are paying with your credit card then I suggest you raise a dispute with them under
Consumer Credit Act s.75 because you can claim the money from PN, the credit card company or both. The credit card company is not there to act as an intermediary between you and PN, you can treat them as being PN as far as a refund is concerned and seek the full refund from them.
I hope this help, remember only start with the polite method and extinguish it first before you start making legal threats. Seek professional assistance if you need to or if things are out of your depth.
This is informal advice and hence you should seek professional advice or contact one of the above organisations for further help.
Edited by rsharma (Tue 05-Sep-06 19:38:37)