What is my right to cancel the unlimited calls offer?

Money_Saving_Dude

Hi,

I received a call from BT some days (maybe weeks) ago stating I could get cheaper calls on their Unlimited Evening and Weekend offering. They said I would save money, so I agreed to change to this. They did say on the phone this was for a 12 month contract. Now I get the letter it says at the end of this I will enter a further 12 month contract. This I don't want to do. I don't mind the initial contract, but don't want to be locked into BT and be forced to pay a termination charge, unless I exit at times driven by them.

However, their letter also said my contract had now started so I was not able to cancel, without incurring their termination charges. As this was clearly integrated into the letter it looks like they have thought this through, and I am a little miffed at this. I will send them a letter tomorrow indicating my wish to terminate at the end of the 12 months (thus not paying any termination fees).

But my point is this -- is this legal? As I only talked to someone by phone, isn't this covered by the Distance Selling Regulations? These clearly state, with exceptions, that I must be offered the right to cancel. Of the exceptions I can't see any that apply in this case. To be honest this stinks, and I have said as much in my reply to BT. I have been a loyal BT customer for more years than I care to remember, but if they are now trying to use contractual techniques to lock me into staying with them then I'm afraid I will be looking elsewhere, if only on principle.

Anyway, does anyone else have a view on this? Is this illegal -- to get a phone call and then a letter with a de facto agreement, and no right to cancel?

MSD

deklan99

At the end of the 12 month period you get the option to cancel or not -
"the contract will be automatically renewed for a further 12 month minimum period unless you tell us otherwise. We will write to remind you when your contract is nearing the end of a renewable period."

Money_Saving_Dude

Yes, I appreciate that. And I can see that is fine (although to have a rolling 12 month contract is taking the p1ss a bit, so I'm not too happy about that).

But my question is around the way they have got me into this contract in the first place. Can they send me a letter, two days after they say the service has started, and claim I have no right to cancel? I thought the DSRs meant they had to give me a written notification, so I was given fair chance to cancel if I wasn't happy. Am I wrong to think this?

Quentin

Not everything is covered by the DSRs.

If you agree to take a service over the phone, and that service begins straightaway, then you cannot use tye DSR to cancel.

They told you you were entering a 12 month contract, and you agreed. They have now told you how to keep the offer (enter another 12 month contract when the current one ends), and it is up to you whether you do or not.

Money_Saving_Dude

Thanks. That explains it -- the letter was dated the 17th and they said the service started on the 15th, so that must have been when I got the phone call. As I said above they clearly have thought this through and sounds like I've been stitched up. No doubt from now on whatever I go for in BT will use this rolling 12-month contract. Clearly I should have said I would not accept until I'd seen the written T&Cs. That was a mistake, assuming they would send them and I would be covered by the DSRs.

Oh well, I wondered why they were doing it (they said it was to benefit me, but this is BT so that *can't* be the reason). Now I know.

Thanks for all your replies.

MSD