Mis-sold BT Infinity - What next? Legal action?

mforbes6186
mforbes6186 Posts: 2 Newbie
edited 17 August 2010 at 10:15PM in Broadband & internet access
I am writing this in the hope that some one is in the same situation as myself.

At the end of July, I ordered BT Inifinty Option 2 which I had installed in due course. All was going fine until I received an email advising my that as I had now used over 100Gb for the month, my speed was being capped from 40Mb/s to 2Mb/s, with my upload speed reduced also.

Before I ordered BT Infinity, I thoroughly read through the BT website, including both the Fair Use Policy and the Network Management Policy. In either of these there is no mention of a 100Gb 'speed cap'. Indeed, the BT Infinity Option 2 tab states that I can 'download what I want, when I want'. I accept that BT's Network Management Policy states that they may reduce the speed of heavy users, which they define as less than 1% of users.

My 2 key challenges to this are as follows

- BT obviously have a set limit in place for all users on 'unlimited' options that, should they go over 100Gb, their speed will be reduced for 30 days. Why is this not clearly advised before users sign up? BT are mis-selling their 'unlimited' packages to customers under the banner 'download what you want, when you want'. This should read 'download what you want, when you want, up to 100Gb, then we will reduce your speed by 95% during peak times'.

- Secondly, my download speed uncapped is ~4.15MB/sec. This means I could comfortably download 100Gb within 7 hours. On a 30 day month, this represents only 0.95% of the month. Are BT truly alleging that less than 1% of their customers on BT Infinity download for more than 7 hours per month? I find this utterly ridiculous and I would urge BT to back this up with some facts.

I am now tied in to an 18 month contract that is completely unfit for purpose and one that, had I known the facts to start with, would have never signed up too. Having tried to discuss this on 4 occasions with BT I gave up and decided to write a letter to an address I was given over the phone. I have yet had no response to this letter and from what I see on other posts, writing to this PO Box address doesn't result in any response anyway!

So my question is, where do I go from here? I want my contract cancelled as I am not willing to pay for a service I am not receiving and I am will go as far as it takes to ensure this happens. Should I contact a solicitor with a view to progressing through the small claims court?

Any advice would be greatly appreciated!

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