In reply to a post by AlistairS:

... am buying my home phone & broadband contracts out to keep me within my contract terms. However, I full intend to complain to
Otelo about the whole situation.

The thing that is wrong about it is that an free release from the contract(s) is not offered when LLU is not available at the destination address.

Given enough money and time, and the disparity in cost and performance between Access and the LLU products, I would have thought an action claiming "unfair contract terms" would stand a good chance of success.

Note the first five words of that paragraph .

I have to disagree. The contract is for a fixed term. If you chose to move within that term then you must pay out the contract. If you were moving abroad would you expect all the companies you deal with just to cancel the contracts with no penalty?

The fact the OP is moving to an exchange where O2 cannot currently provide LLU is no different to if they left the country - it is unlikely to be considered unfair contract terms.

This is not belittling what the OP is going through but contract law is unlikely to cover a person that chooses to break the contract (and moving house is breaking the contract). However, O2 should be providing a better support service and actually responding to contacts - that would be enough for me to move away from someone if I could find someone else to go to.

Are they offering you O2 Access at the same price at the new place?

If it is at an significantly increased price, you should be able to argue that it is a change so detrimental as to allow you to cancel the contract FOC.

@Roberto: I can't see it as "Unfair Terms", but plain "Breach of Contract".

@Ian72: I have to disagree strongly with you. The contract is not for a fixed term but ongoing with a Minimum Term of 1 year. That contract permits House Moves as a normal condition and as such they are not breaches in themselves.

Edited by XRaySpeX (Wed 15-Sep-10 15:32:46)

But how can O2 be responsible for you moving to an area they don't support for that product??? I don't see how it would be fair to make that a condition that can break the contract.

EDIT : In the first year it is effectively for a fixed term. After the year it is a one month rolling contract so little to buy out of (and a very small hit to pay off if moving house). I assumed the OP was within the first year.

Edited by ian72 (Wed 15-Sep-10 16:21:18)

Because their contract commits them to provide their Services (a BB connection basically) at the new address. However if they are unable to provide any Service there then O2 may themselves may terminate the contract without charge to the customer. Note Services does not necessarily mean the same package.

Go and read their T&Cs.

OK, looking at some Ts&Cs. Here is from the standard Ts&Cs from 12/2008.

11.3. If your broadband package is not available at the new address you will be automatically moved to another available package which is provided at the same price or the next lowest price.

11.4. If we are unable to provide Services to your new premises, then the cancellation terms in clause 7 will apply.

There are ways to interpret that. But, if they can't provide the same service or one that is lower/same priced then 11.4 occurs. So, they can't therefore 11.4 invokes clause 7. Clause 7 essentially says you have to pay the termination fees. It doesn't just cancel the contract.

That clause could be read differently I agree but that would be my reading of it. Therefore I would say that O2 are in their rights to impose the termination clause as the same/cheaper package is not available at the new exchange.

You may read them differently or might be looking at a different clause. If so, then please feel free to detail it as just saying it is in the Ts&Cs, go read them does not prove your point.

By the way, link to Ts&Cs is here

OK, the situation was that I took out the home phone with them on the understanding that I could have the same services when i moved which I was assured of. I took out a retention offer on the broadband based on the same criteria. I was assured by their complaints guy, who no longer responds to my communications, that I could have the same services. This could have been checked at the beginning of July when i first made contact with O2 regarding the house move & not last night.- 8 days before i move.

I made the call to initiate the cancellation & iirc its going to cost in the region of £160 for both services. I have signed up for Vivaciti who i used before bethere & O2 on their LLU. which will not hopefully suffer the same issues as access.

Its not about the money its about how i have been treated ie lack of comms & lied to

I agree with you about 11.3 & 11.4.

11.3 allows O2 to offer you Access at the new place instead of the LLU you had before, as long as they don't charge you more. That's why i asked OP if he was being charged the same.

11.4 apples if they can't offer you anything at all or at no higher price.

But I don't agree about

In reply to a post by ian72:

Clause 7 essentially says you have to pay the termination fees. It doesn't just cancel the contract.

If 11.4 applies, that leads us to

7.5(f) we are no longer able to provide you with the Services.

Then 7.9 implies that O2 is not entitled to any charges because 7.5(f) is not one of the conditions in 7.9 for which charges are payable.

EDIT: If you disagree with this interpretation, all you have to do is please show me the clauses that entitle O2 to make charges in this case.

However, it is unlikely that OP is under pre-12/2008 Terms. More likely under 04/2010 Terms which are different and hard to find, but I haven't got time now to find them; will later.

Edited by XRaySpeX (Wed 15-Sep-10 18:01:37)

Any number on that exchange that is not a full LLU number will do - a neighbour's number perhaps

i don't move there til next week