Freeola broadband cancellation

mr1974

Hi all

I've ordered broadband and cancelled the order 2 days after requesting it, and before the activation date. I thought I was covered by the distance selling regulations and could cancel the service before the activation without incurring in any charges.

But I received an email back which specifies I will be liable for any money Freeola has had to spend in regard to the request they have already
submitted to BT.

Who is right here? Where do I stand legally?

these are the terms and conditions:
<http://freeola.com/legal/terms_broadband.pdf>

Any input appreciated.

mr1974

Gold_Shogun

You didn't state whether this was a NEW connection or a MIGRATION, but it shouldn't matter as the answer should be (pretty much) the same for both cases (although I notice a few potential loopholes depending on the individual circumstances) ...

From the "Definition of Terms" glossary (Section 10.1 on Page 4) of Freeola's "General T&C" :-

"Start Date" means the date when We (Freeola) notify you by email that We have started the broadband provisioning service with The Broadband Supplier (BT-Wholesale)

From Section 5.2 of the "Broadband Terms" you refer to :-

You may cancel your order ... up until the Start Date
&
After the Start Date the CP(DS)R 2000 do not apply.

So the question becomes :-
WERE you ACTUALLY notified by Freeola (via email) that Freeola had already physically placed an order with BT-W/Openreach for your connection, BEFORE you cancelled ?

IF YES ... Then you (probably) are liable.

IF NO ... Then (probably) not.

Hope this helps.
Bob

mr1974

It's a new connection. Freeola sent me an email on the 17/04/2007, saying that the activation would have taken place on the 24/04/2007. So they are technically right I guess. The start date is the 17/04/2007, and I notified them on the 19/04/2007.

I was somehow wrongly assuming that the start date was the activation date.

You almost have no protection by the distance selling regulations (e.g. no cooling off period) as they requrested this with BT on the same day.


Thanks for the explanation.
Mr

Gold_Shogun

mr1974 wrote: »

It's a new connection.

Then your (probable) best move to avoid any excess payments in these circumstances are as follows :-

1) ... Allow the pre-booked new connection to occur as originally planned.

2) ... Immediately upon activation, request a MAC from Freeola (MUST be provided to you within 5 working days) AND give the required 30 days notice to Freeola.

3) ... Use the MAC to MIGRATE to the company you now want (most ISPs offer migrations for Free), and specify a "migration target date" of +- Two days prior to the end of the notice period.

This way you only pay the ONE "new connection" charge (instead of 1 x Freeola AND 1 x New ISP), and you will have less downtime due to the delays inherent in the BT/Openreach connect-->disconnect-->reconnect procedures.

mr1974

The problem with this is that my "target" ISP (Be) hasn't activated yet in my new area (estimated activation is for the end of May).

So I thought I'd take the 28 days for free from Virgin Media and then cancel and go with Be. I saw this offer just 2 days after I had requested the activation with Freeola, and thought I'd cancel.


I have a strong incentive to be with Be, as I will get £50 back for reconnecting (from my old address), and no connection fee.

I have to stay for 8 months at this address, and be is ok as I will be giving 3 months notice in time, thus not having to pay the £50 "quick cancellation" fee this time around.


So I don't really have any use for the Freeola connection.

Mr