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Standard User Adamant
(eat-sleep-adslguide) Sat 01-Nov-08 15:29:24
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Re: Cessation Charge...Eh?


[re: wingco1] [link to this post]
 
I know I'm no longer a PlusNet customer but this seems really odd to me.

There now apears to be no way of cancelling your contract with PlusNet without occuring a penalty charge - apart from migration but then this isn't really cancelling your contract.

How would you all feel if BT turned round to you and said they're introducing a �100 cessation fee should you cancel your landline, or if your gas supplier turned round and said they're introducting a �150 cessation fee if you terminate your gas supply.

The gas supplier actually has to do something as, should a property be wothout gas supply for a period of time, they're legally obliged to ome and physically disconnect the supply at the premises for safety purposes.

I really can't believe this is actually legal - and if it is legal, then it's entirely immoral.

/me is glad I left when I did!

Adam
UKFSN HOME 30
Standard User wingco1
(eat-sleep-adslguide) Sat 01-Nov-08 15:38:21
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Re: Cessation Charge...Eh?


[re: Adamant] [link to this post]
 
I understand what you are saying. However this charge is levied by BT to ALL ADSL ISP's. It is a matter for the ISP's how they deal with it. Plusnet has at least been upfront and publically said the cost is to be passed on. Others have not commented on what they are going to do.

It could be argued that the introduction of this charge is a fundamental change to the Terms and Conditions, to the detriment of the customer. Therefore PN should have given customers the opportunity to leave without penalty, however with monthly contracts that's academic.

+++++++++++++++++++++++++++++++++++++++

Now on Sky Max. Still a big fan of IDNet

"Nearly all men can stand adversity, but if you want to test a man's character, give him power."
Abraham Lincoln
16th president of US (1809 - 1865)

http://www.speedtest.net/result/339257695.png
Standard User deleted
(deleted) Sat 01-Nov-08 16:11:54
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Re: Cessation Charge...Eh?


[re: wingco1] [link to this post]
 
They did - except for deferred hardware and similar costs.


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Standard User wingco1
(eat-sleep-adslguide) Sat 01-Nov-08 20:08:18
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Re: Cessation Charge...Eh?


[re: deleted] [link to this post]
 
In reply to:

They did - except for deferred hardware and similar costs.



As far as I'm aware there can't be any exceptions. If the Contract is altered to a customers detriment then the whole contract is void if the customer doesn't agree to the changes.

+++++++++++++++++++++++++++++++++++++++

Now on Sky Max. Still a big fan of IDNet

"Nearly all men can stand adversity, but if you want to test a man's character, give him power."
Abraham Lincoln
16th president of US (1809 - 1865)

http://www.speedtest.net/result/339257695.png
Standard User deleted
(deleted) Sat 01-Nov-08 20:50:00
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Re: Cessation Charge...Eh?


[re: wingco1] [link to this post]
 
This was the response in the Plusnet forums which, AFAIK, has not been changed.
In reply to:

Because we have made a change to the terms and conditions that you agreed to when you signed up we have given 30 days notice period, within which you can serve notice that you do not agree to the new terms and would like to cancel. We really don't want you to do that of course, we value your custom - but we legally have to give you that option. We would not hold you to the 12-months subscription but you would have to pay any deferred activation, housemove or hardware costs incurred at the start of your contract


Standard User RobertoS
(eat-sleep-adslguide) Sat 01-Nov-08 21:17:36
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Re: Cessation Charge...Eh?


[re: deleted] [link to this post]
 
In reply to:

but you would have to pay any deferred activation, housemove or hardware costs incurred at the start of your contract


I'm not sure they can insist on that as it is they who have changed the contract terms.

As I understand it they have terminated the existing contract and invited users to accept the new one. They cannot therefore hold users to the early termination clause of that contract as that represents a penalty in the circumstances.

If they were able to do so it would completely negate the point of the legal requirement to accept rejection of the new terms.

Bob: Demon dialup >> Freeserve dialup >> BT Broadband >> Prodigynet >> Newnet >> O2 Standard.
Purple Cloud for domain, email and web space.
Standard User wingco1
(eat-sleep-adslguide) Sat 01-Nov-08 22:45:40
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Re: Cessation Charge...Eh?


[re: RobertoS] [link to this post]
 
I agree.
In reply to:

we have given 30 days notice period, within which you can serve notice that you do not agree to the new terms and would like to cancel.



Cancel means the whole contract, not just the parts that PN agree to let you cancel.



+++++++++++++++++++++++++++++++++++++++

Now on Sky Max. Still a big fan of IDNet

"Nearly all men can stand adversity, but if you want to test a man's character, give him power."
Abraham Lincoln
16th president of US (1809 - 1865)

http://www.speedtest.net/result/339257695.png
Standard User RobertoS
(eat-sleep-adslguide) Sat 01-Nov-08 23:15:35
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Re: Cessation Charge...Eh?


[re: wingco1] [link to this post]
 
Exactly. They haven't given a 30-day notice. They have unilaterally repudiated the existing contract. The law has required them to invite rejection of a new contract within 30 days. If the user rejects it he cannot be liable for any termination, delayed setup or penalty payments - though I think it likely the return of a free router within the original contract period may be enforceable as that will be still Plusnet property supplied purely to enable the service.

Bob: Demon dialup >> Freeserve dialup >> BT Broadband >> Prodigynet >> Newnet >> O2 Standard.
Purple Cloud for domain, email and web space.
Standard User deleted
(deleted) Sat 01-Nov-08 23:56:42
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Re: Cessation Charge...Eh?


[re: RobertoS] [link to this post]
 
I'm happy with my lot.
Standard User deleted
(deleted) Sun 02-Nov-08 01:32:26
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Re: Cessation Charge...Eh?


[re: deleted] [link to this post]
 
Presumably that notice was emailed to all customers since announcing it only in the forums wouldn't be worth a light.

Simon
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