SeeTheLight - New build contract lock

Good afternoon,

I wonder if anyone can help;

I moved into a Barratt new build over 12 months ago. At the time I was told the only provider available to me was a company called SeeTheLight. Apart from the ridiculously long setup period all seemed ok until the network continuously started dropping out and the broadband being down for nearly a day and half. I phoned SeeTheLight and they were less than helpful and in fact sent me a 5mt Ethernet cable instead (useful in this age of wireless devices).

12months later I am still with them and found out a few months ago that between SeeTheLight and Barratt I have pretty much be tied into a lifelong contract.. suffice to say I was not happy when I was told they were then putting their prices up.

My question is, are Barratt/ SeeTheLight able to tie me into contract where I have no choice but to use them? British gas may install electricity meters but we can change energy provider.

The situation is becoming beyond frustrating, I have tried OFCOM and other independent bodies and all I get is don't knows.

Many thanks

My question is, are Barratt/ SeeTheLight able to tie me into contract where I have no choice but to use them

Not so different then from Virgin, Hyperoptic or other FTTH providers that don't use a BT based service. If you really don't want or can't afford their service you could perhaps consider a BT based service via your telephone line (assuming that you have one) which would then give you a choice of ISPs but the speeds would undoubtedly be (much) slower.

In reply to a post by stori123:

My question is, are Barratt/ SeeTheLight able to tie me into contract where I have no choice but to use them? British gas may install electricity meters but we can change energy provider.

You may have to read (or get a solicitor to read) all the things in your deeds that may be relevant.

It is not uncommon for new build to have a gas supply put in with a restrictive contract which means the gas provider subsidises the install and the householders are tied to them. This is also the case on some developments using contracted telecoms providers rather than relying on BT's obligations, as in your case.

I believe BT is effectively locked out unless the roads are adopted as public highway by the council, and this overrides the universal service obligation for a copper phone line - what happens if you put your address into BT's address checker ?

If the service is not performing to a reasonable standard or to spec then you should complain to the ISP, get a deadlock letter if you can't proceed and then take it to their dispute resolution service or ultimately resort to the law.

If you are East Wichel
Direct Save Telecom became alternative supplier in September 2014

In reply to a post by yarwell:

I believe BT is effectively locked out unless the roads are adopted as public highway by the council, and this overrides the universal service obligation for a copper phone line

I would have thought that BT would be able to use their 'code powers' to provide access if necessary.

The property deeds should show if there are rights of way for water, drains, electricity and phone services across any private land to the property.

In reply to a post by Michael_Chare:

I would have thought that BT would be able to use their 'code powers' to provide access if necessary.

Code powers apply to public highways only. Unadopted roads are private property.

In reply to a post by stori123:

My question is, are Barratt/ SeeTheLight able to tie me into contract where I have no choice but to use them?

Yes.

I wonder if that comes under "Unfair contract terms" unless it is specifically brought to the buyer's (or their conveyancer's) notice?

I expect it does, but what the remedy would be is not obvious.

Code powers can be applied to private land, but it's far from straightforwards. A utility with code powers can make a request to a private land owner for access and wayleaves. If this is not agreed to within 28 days, then the utility can go to court where all the issues are considered.

Of course this whole exercise is very expensive. BT does, of course, have a USO for providing phone lines, and this can involve crossing private land. However, the costs have to be deemed reasonable (which is usually taken as around the equivalent of 2 week's manpower for any one line, although I don't think it's hard and fast). Beyond that, the customer will have to pay the excess. Of course if it comes to legal action to get court approval for access, then that cost could be huge. Not just that, but if the estate isn't pre-built with ducting it could be very expensive.

So there's a potential legal route to get an OR line down a private road, but it's not going to be easy or cheap, especially if there is opposition.

http://robbratby.com/uk-telecoms-law/electronic-comm...

I expect the existance of the code powers does help.to ensure that land owners do not resist unnecessarily. I have found that Gigaclear appear to always try to get a landowners permission, rather than relying on the terms of customers deeds.