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Standard User Bob_s2
(experienced) Tue 19-Jan-16 16:51:43
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Re: Vivaciti unfairly suspended my internet (story inside)


[re: vivaciti] [link to this post]
 
If the Contract was taken out after the Consumer Rights Act 2015 came into force you are almost certainly in breach of it. All charges and cancellation fees etc have to be spelt out at the time the contract is made. They can no longer be made in FAQ's and T&C fine print

The Consumer Rights Act 2015 replaces the Sale of Goods and Services Act
Standard User BatBoy
(sensei) Tue 19-Jan-16 17:04:47
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Re: Vivaciti unfairly suspended my internet (story inside)


[re: Bob_s2] [link to this post]
 
In reply to a post by Bob_s2:
If the Contract was taken out after the Consumer Rights Act 2015 came into force
Came into force in October 2015

http://www.which.co.uk/consumer-rights/problem/i-thi...
Standard User Bastien
(learned) Tue 19-Jan-16 17:19:27
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Re: Vivaciti unfairly suspended my internet (story inside)


[re: ian72] [link to this post]
 
I agree the public forum is not a best place to settle disputes. I am merely asking for any advice or insight into my situation in the hope that I can make better and more informed decisions.

So thank you everyone so far for all the information and advice, they are all very useful and I really appreciate them. And I would like to ask to continue a civil discussion in this thread, as we have done well so far, as I hope this thread will remain readable and perhaps useful for someone in the future who encounters a similar situation.

---
Day 5 without internet

Following yesterday's development, of them saying they are terminating the services and me asking them what do they mean precisely, today I just got two emails (both does not answer any of my questions) and I am hoping someone can provide any insight into this before I make any reply if at all:

The first one says
"I have been asked by my manager, are you a business and if so have you incurred any losses?"

This I will not disclose here as this is getting too close to disclosing sensitive information but feel free to comment.

Another one says
"In your earlier reply you said “No, let's make it clear, I read everything, all your emails, all your websites, everything.” This leads us to believe that you were aware of the terms and conditions and also all costs.

As you are unwilling to enter into any negotiation I will pass this back to my manager and while this is being looked at I am afraid I will need to pass this to our debt collection agency for formal recovery."


This email I am not sure what to think. Am I still technically disputing with them? Does this count as a deadlock letter?

Any advice at all is appreciated. I am at the end of my wits and I don't know what to think any more. What should I do next? Please advice.


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Standard User Bastien
(learned) Tue 19-Jan-16 17:22:55
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Re: Vivaciti unfairly suspended my internet (story inside)


[re: BatBoy] [link to this post]
 
In reply to a post by BatBoy:
Came into force in October 2015

http://www.which.co.uk/consumer-rights/problem/i-thi...


I can say everything happened well after 1 October 2015 so the Consumer Rights Act 2015 will definitely apply, no question here.
Standard User RobertoS
(elder) Tue 19-Jan-16 17:27:30
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Re: Vivaciti unfairly suspended my internet (story inside)


[re: Bastien] [link to this post]
 
The same as advised by several of us earlier. Make an offer to pay something over and above the line rental and broadband charges, possibly over instalments.

At least the £8, but I don't expect that to be enough. However I would expect them to settle for less than the full original charge in view of the confusion. ISPs nearly always do.

Don't forget we are basically only hearing your side of the story plus the occasional out of context snippet of their emails and the posts they have made themselves here where they are constrained by your privacy and their own commercial confidentiality.

The indispensable man or woman passes from the scene, and what happens next is more or less the same thing as was happening before.
My broadband basic info/help site - www.robertos.me.uk. Domains, site and mail hosting - Tsohost.
Connection - AAISP Home::1 80/20. Sync 59997/15142kbps @ 600m. - BQM
Standard User RobertoS
(elder) Tue 19-Jan-16 17:34:44
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Re: Vivaciti unfairly suspended my internet (story inside)


[re: Bastien] [link to this post]
 
That doesn't affect the previous contract, which is what incurred the cease charge. Clearly shown in the FAQs, whatever you say about the two clauses being separated. That happens in all quasi-legal documents, otherwise everything would need repeating umpteen times to cover every combination of events.
Can I move my broadband to another premises?

Broadband is attached to a physical line so you would need to request a cease for your broadband and then place an order for a new broadband service at the new premises.
To request a cease you would contact us via email or support ticket. Please remember to include the phone number the broadband is on, the address and post code and the date you wish the cease to commence.
If you wish to place a new order with us for the new premises please include the address and post code and the phone number for the new premises as well as the date we should place the order.
...
Termination and cease charges.

Services will generate a cease/termination charge when they are ceased or terminated. This can also apply when a service is incorrectly migrated away without the use of a migration code by the winning provider and when not following the correct migration procedure. The cease/termination charge differs from service to service. Please contact us for details of termination and cease charges on particular packages.

Broadband services have a cease charge of £34.50 + VAT.


The indispensable man or woman passes from the scene, and what happens next is more or less the same thing as was happening before.
My broadband basic info/help site - www.robertos.me.uk. Domains, site and mail hosting - Tsohost.
Connection - AAISP Home::1 80/20. Sync 59997/15142kbps @ 600m. - BQM
Standard User tommy45
(knowledge is power) Tue 19-Jan-16 18:51:50
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Re: Vivaciti unfairly suspended my internet (story inside)


[re: BatBoy] [link to this post]
 
In reply to a post by BatBoy:
What is your relationship to Vivaciti?
he probably is vivaciti
Standard User BatBoy
(sensei) Tue 19-Jan-16 20:06:43
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Re: Vivaciti unfairly suspended my internet (story inside)


[re: tommy45] [link to this post]
 
What, an ISP pretending to be just another poster? That's not very professional.
Standard User partial
(experienced) Tue 19-Jan-16 21:47:48
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Re: Vivaciti unfairly suspended my internet (story inside)


[re: tracktorman2] [link to this post]
 
In reply to a post by tracktorman2:
I guess that's the best way to get around paying your bills by going to ADR.


That's not for you or I to decide.

The ADR will decide on whether bills are being avoided by the customer or bills are being raised by the provider in an unfair way that the customer was not informed about.

The only sure thing is that the customer and the provider are already in a dispute that is highly unlikely to be resolved without ADR.

The customer needs to realise that they will now need to sign up with another provider. The provider now need to realise that sitting on the line and obstructing any other provider provisioning will be damaging to them.
Standard User RobertoS
(elder) Tue 19-Jan-16 22:48:21
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Re: Vivaciti unfairly suspended my internet (story inside)


[re: partial] [link to this post]
 
It's hard to see how a provider can sit on a line when it has already said it is ceasing it.

The indispensable man or woman passes from the scene, and what happens next is more or less the same thing as was happening before.
My broadband basic info/help site - www.robertos.me.uk. Domains, site and mail hosting - Tsohost.
Connection - AAISP Home::1 80/20. Sync 59997/15142kbps @ 600m. - BQM
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