In reply to a post by MrSaffron:

A valid mac in the first place, or second time around would have avoided the cease, I am 98% sure of that.

Agreed! That is the argument that I have been trying to put forward throughout this thread.

A valid mac in the first place, or second time around would have avoided the cease, I am 98% sure of that.

That's not the point is it though. If the customer had used the first MAC the problem wouldn't have occurred.

Orange should have asked the customer to obtain another, valid, MAC and waited.

In reply to a post by wingco1:

b]If the customer had used the first MAC the problem wouldn't have occurred.

The 1st MAC is a red herring! There is absolutely no compulsion on the cust. to make use of a MAC. It is his option and merely signifies that he is thinking of moving and wants to be ready if the need arises.

Yes, there are many courses of action that the 2 ISPs could have chosen and, unfortunately for this cust. they both chose the worst one each time.

there are many courses of action that the 2 ISPs could have chosen and, unfortunately for this cust. they both chose the worst one each time.

It seems quite obvious to me that Orange placed the cease. The customer stated he wasn't informed of the consequences of a possible charge being raised.

The 1st MAC is a red herring! There is absolutely no compulsion on the cust. to make use of a MAC. It is his option and merely signifies that he is thinking of moving and wants to be ready if the need arises.

The same could be said regarding Vivaciti informing the customer of the likely outcome of his refusal to discuss his decision not to speak to them, "ever" on the matter.

I doubt Vivaciti are actually going to call in the debt collectors, but were merely informing the customer that they have complied with procedure, "and to be ready if the need arises."

I must admit I am somewhat confused by some of the terms used but the nitty gritty today is that after receiving a response from Vivaciti, I am going to dispute the charge through the proper channels. CISAS? I have no idea about how to go about this but no doubt the extra dosage of Cymbalta (now 120mg) will help.
Anyway, dispute the charge I will. Thanks especially to tommy45, mixt and others who have all contributed in their own way. I hope we all learn something from this.
I will be using "charged cease fees for a migration and given an invalid MAC" as per partial as the basis of my argument.
I asked for a MAC on 30/01/2012 at 11:27
On 10/02/2012 at 09:12 I was given an invalid MAC
Despite being told that the MAC was invalid, representative of Vivaciti refused to acknowledge such and was dogmatic in his attitude that it was.

If a valid MAC had been given within 5 working days (Monday 7th February 11.27 latest) of the request, then it is likely that the whole saga would not have occurred surely. I think that Vivaciti saying that the invalid MAC is a red herring, is a red herring in itself.

I do not mind anyone adding to the thread with advice on how I proceed next and I would be grateful for the combined wisdom of the expert stalwarts here.

Thank you,
Rog

Have checked CISAS is who you should talk to.

http://www.cisas.org.uk/bHomeb-1_e.html

It is a relatively slow process, but can help to bring closure on things.

Good on ya, and good luck.

Please keep us informed on how you get on.

I take it when you start an adjudication any charges are frozen until in outcome is reached. IE: can Vivaciti still chase the charge in the meantime?

You might also put to their ADR body whoever they are that Vivaciti does not make available their written Complaints and ADR Process, as they are required to do, nor their postal address.

EDIT: However, 1st you must lodge a formal written complaint with Vivaciti and then you can only go to ADR when you fail to reach agreement.

Edited by XRaySpeX (Thu 01-Mar-12 18:58:12)

Best thing is to write a letter disputing the debt and get it sent to the ISP, debt collectors only want to deal with proper debt, not ones that are in dispute.

Their address appears to be 319 Sutton Road, Southend-On-Sea, Essex. SS2 5PF

taken from the very bottom of http://www.vivaciti.net/contact

ADR will have expected you to have attempted to resolve the issue already, so this step is important.

In reply to a post by XRaySpeX:

You might also put to their ADR body whoever they are that Vivaciti does not make available their written Complaints and ADR Process, as they are required to do, nor their postal address.

T/C

18. Law

The Agreement shall be governed by the laws of England and the parties submit to the non-exclusive jurisdiction of the Courts of England. Our postal address for communications is: Vivaciti Ltd, 319 Sutton Road, Southend on Sea, Essex, SS2 5PF.

Not hard to find.....

12. Termination

12.1 The customer may terminate this agreement after the initial term by giving 30 days written notice to Vivaciti Broadband

Wonder if the Op did this..... As we all know requesting a MAC is not advising them of cancelation.