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Standard User steviechap
(regular) Tue 03-Dec-13 11:38:04
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Zen Re-Write History


[re: steviechap] [link to this post]
 
Zen have altered History!!!!

Compare the current page : http://www.zen.co.uk/latest-news.aspx?page=11889

With the screenprint I took : https://dl.dropboxusercontent.com/u/19119564/Zen%20I...

They have changed the wording from 'on all it's broadband services'.

How can we trust them with our data if they can't be trusted not to increase, then decrease the allowances?

Comments please!

--
ZeN Fibre Early Adopter
TP-Link TD-W8970
Standard User nrms
(member) Tue 03-Dec-13 14:48:01
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Re: Zen Re-Write History


[re: steviechap] [link to this post]
 
I think all they've done is clarify the text. It is obvious they never intended to increase the bandwidth limits for existing customers with 12 or 24 month contracts on the Fibre broadband products (which no longer are being sold); and that the original wording was not stated clearly.

You might argue (I do) that it is unfair to penalise those long contract customers and give better terms (financially and in bandwidth limits) to new customers and those existing customers who can easily up and leave by virtue of the 1 month contract term.

If they do not do something to correct this injustice soon, then I will also be leaving Zen (after being with them since 2003) just as soon as my current contract expires.
Standard User Pipexer
(eat-sleep-adslguide) Tue 03-Dec-13 17:12:35
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Re: Zen Re-Write History


[re: steviechap] [link to this post]
 
They've just clarified the text. I agree they should have got it right the first time, but I don't think their action of correcting the wording on their news article is as sinister as you make out.

Zen 8000 Pro


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Standard User David_W
(fountain of knowledge) Tue 03-Dec-13 18:53:08
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Re: Where are the Increased Bandwidth Allowances?


[re: steviechap] [link to this post]
 
In reply to a post by steviechap:
Zen have a couple of weeks to sort out this bandwidth allocation otherwise I'm cancelling my DD and off elsewhere as the product no longer meets my needs.

And good luck to Zen in enforcing the fixed term contract in the small claims court as only 50% of the advertised product is being supplied.
I would expect you to lose any legal action.

You entered into a binding contract with Zen on certain terms, including a set monthly bandwidth allowance. A piece in the newsletter about changes to monthly bandwidth caps does not constitute a contract to amend the original contract between you and Zen, as you provided no consideration for it (you neither paid a price nor made a new promise) and it was not executed as a deed. Moreover, you cannot invoke the doctrine of promissory estoppel, as you did not give up a legal right in connection with the newsletter article. There is therefore no way for you to rely on the newsletter article in any action for breach of contract.

You may be able to succeed in an ASA complaint - I can't say whether the ASA would accept Zen's explanation that "broadband" does not include "fibre broadband" unless explicitly stated as such. Even if you succeeded in an ASA complaint, it would not change the contractual position.


If you cancel your Direct Debit, you lay yourself open to legal action by Zen and their agents.


Ultimately, Zen are entitled to rely on the original contracts with fibre customers on the old products.

There is not an obvious equitable way to permit upgrades by those still in minimum term contracts. Some paid installation in return for a 12 month minimum term, others committed themselves to a 24 month minimum term in return for free installation. Those on the legacy 400+ GBytes/month packages are on a wholesale product with enhanced priority, which has a minimum term and is not used in the new product line-up. How do you propose to deal with these problems fairly?

Each existing customer freely entered into a contract with Zen. So long as Zen continue to provide the contracted service for the minimum contract period, they are entitled to rely on the contracts. Though it is often possible to upgrade early to newer tariffs on telecommunications products, there is no right to do so.


To be clear, I would rather Zen found a way to allow early upgrades, but they have decided early upgrades are not available in this case without a termination fee that I understand would be the entire sum due for the remaining minimum contract period.

Long term customers have been used to dealing with Zen on a 1 month minimum contract, where, as you pay a month in advance, you are out of your unpaid minimum contract period immediately. This was not the case on the fibre products, and customers cannot expect to deal with Zen on the same flexible basis as when a 1 month minimum contract period applies.

Standard User steviechap
(regular) Tue 03-Dec-13 19:25:36
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Re: Where are the Increased Bandwidth Allowances?


[re: David_W] [link to this post]
 
I have been with Zen since July 2006. It started with 20GB data ... since that time Zen have always provided Bandwidth and Speed increases to my existing product.

Zen haven't sent me a contract to say it's limited to 100MB - and the only certainty is the length of the contract.

A shame as I like Zen's speeds, reliability --- just that the run-ins that I have had over the years have always been their fault or a problem at their end and this takes the biscuit.

--
ZeN Fibre Early Adopter
TP-Link TD-W8970
Standard User David_W
(fountain of knowledge) Tue 03-Dec-13 22:21:25
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Re: Where are the Increased Bandwidth Allowances?


[re: steviechap] [link to this post]
 
In reply to a post by steviechap:
I have been with Zen since July 2006. It started with 20GB data ... since that time Zen have always provided Bandwidth and Speed increases to my existing product.
That's not necessarily the case. In some instances, products have gained a increased usage allowance with all other terms remaining the same. Speed upgrades have often required regrading to a new product.

In reply to a post by steviechap:
Zen haven't sent me a contract to say it's limited to 100MB - and the only certainty is the length of the contract.
A contract doesn't have to be in written form or sent to you. So long as Zen can produce something that satisfies a court, on the balance of probabilities, that it is the terms and conditions you agreed to, they can enforce the contract.

It's entirely possible to make a legally binding contract verbally - the problem is being able to prove what the terms were should you seek to rely on them in court.

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