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Are BT's termination charges enforceable?

MiM
MiM Posts: 658 Forumite
Part of the Furniture 500 Posts Combo Breaker
My brother tried to swicth from BT to Virgin.

BT told him it would cost him £100 to leave.

Turns out his wife had agreed to take up a calls package deal, possibly as the result of a sales call.

Does anyone know if this term is enforceable, or can he just give notice to leave and cancel his DD?

Many thanks

Comments

  • dzug1
    dzug1 Posts: 13,535 Forumite
    10,000 Posts Combo Breaker
    If the account was in his name, BT should not have acted on his wife's instructions.

    I would imagine he can leave but that there are financial penalties for doing so.
  • MiM
    MiM Posts: 658 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    Can they charge him even if they shouldn't have acted on his wife's instructions? Seems contradictory.
  • Drunkstar
    Drunkstar Posts: 889 Forumite
    People complain because some companies insist on only talking to the account holder, now people complain the other way... :P

    It comes down to if the wife in question is an autherised desicion maker, if she is (and said so) then it stands. If she isnt but said she was then (assuming she passed DPA) she committed fraud.
    The "Bloodlust" Clique - Morally equal to all. Member 2
  • MiM
    MiM Posts: 658 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    Thanks Drunkstar. Very helpful.

    The issue is that I feel a £100 penalty for leaving your provider is harsh and I wondered if they could enforce it.
  • I dont know if its enforceable, though I would assume so if she had actually agreed and passed DPA. Though I could easily be wrong (I often am :D).
    The "Bloodlust" Clique - Morally equal to all. Member 2
  • jhp
    jhp Posts: 2,342 Forumite
    They are normally enforceable and if he cancels his dd,and fails to pay, BT will put the matter in the hands of their debt collectors.

    Ofcom have been looking at cancellation charges in general . See: http://www.ofcom.org.uk/consult/condocs/addcharges/faq/#14
  • MiM
    MiM Posts: 658 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    Thanks jhp, much appreciated, will take a look.
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