BT not refunding pre-paid Line rental as takeover request was "too late"

Matt_Mallone

Hello,

I decided to leave BT mid contract due to their price rises. I emailed them within 10 days of receiving the letter about the increases explaining how the line rental increase and the caller display feature now being a paid-for service would negatively affect me.

I requested that the outstanding line rental saver money be refunded to me at the end of the service and this was all agreed to in writing, however the clause was that the LRS would be refunded if BT got cancellation notice by 20/12/2013. I never thought much of this as I signed up with Plusnet straight away (on the day I received the email telling me my LRS would be refunded, my contract was terminated, and I could leave penalty free - that was the 26/11/2013) so figured I'd be transferred quickly.

Unfortunately plusnet dilly-dallied with my fiber broadband transfer (BT infinity to plusnet fiber) and it resulted in the take over request for my phone line being sent to BT on the 24/12/2013 - four days after BT's rather random and unexplained deadline.

I contacted BT to see if they would be understanding and would still refund my LRS monies, but they are being stubborn and have told me to claim the money off plusnet. I don't really know what to do. My only thought is that the date given by BT was an unfair and arbitrary constraint and I should therefore still be eligible to my refund. I told them as much but they're not having it.

Please can somebody advise me on what to do next, or if I even have any options?

Quentin

Matt_Mallone wrote: »

.....I requested that the outstanding line rental saver money be refunded to me at the end of the service and this was all agreed to in writing, however the clause was that the LRS would be refunded if BT got cancellation notice by 20/12/2013.
I contacted BT to see if they would be understanding and would still refund my LRS monies, but they are being stubborn and have told me to claim the money off plusnet.......

On the face of it you agreed to the condition regarding the deadline to leave in order to take advantage of their offer to leave without penalty, and didn't do so.

They don't look to be being stubborn, merely sticking to the agreement, so try a formal complaint to plusnet about the length of time they took to process your change, asking them to reimburse your costs incurred due to this.

At the same time try escalating the issue at BT. You might get a goodwill gesture, though the blame looks to lie with plusnet (or you for not chasing them to get this through by the deadline you agreed)

Matt_Mallone

Quentin wrote: »

On the face of it you agreed to the condition regarding the deadline to leave in order to take advantage of their offer to leave without penalty, and didn't do so.

In their initial correspondence, a letter about the price rises, it said I could leave penalty free if I told BT I wish to end the contract within 10 days of receipt - no further stipulations were attached. I did this, however they then tacked on this random date in order for my LRS to be refunded, which goes against what they initially said in the letter. That's why I feel it's an unfair constraint, and to be honest I glossed over it as it seemed irrelevant (until it wasn't!).

Buzby

No - you've got it wrong, and your interpretation of 'penalty free' is also incorrect. It is stipulated that the LRS is an up front payment and is non-refundable.

The fact you choose to leave has to be factored in with your loss of pre-paid service. They do not have to refund this, and whilst you may view the non refund as a penalty, it most certainly isn't.

The penalty is any Early Contract Termination fee - the minimum period BT impose for providing service. That IS a 'penalty' an is waived if you depart. Nothing else.

Quentin

Buzby wrote: »

No - you've got it wrong, and your interpretation of 'penalty free' is also incorrect. It is stipulated that the LRS is an up front payment and is non-refundable.

The fact you choose to leave has to be factored in with your loss of pre-paid service. They do not have to refund this, and whilst you may view the non refund as a penalty, it most certainly isn't.

The penalty is any Early Contract Termination fee - the minimum period BT impose for providing service. That IS a 'penalty' an is waived if you depart. Nothing else.

No. Your incorrect though "authoritative" post just reinforces bt's cynical tactic over this issue.

BT and their staff (including their Mse rep) were trying it on when they originally told us that any advance rental was forfeited if we wanted to exercise our right to leave without any penalty as a result of the price increases announcement.

They backed down when challenged, and many reported eventually leaving truly without penalty and getting a full pro rata refund of any line rental paid in advance.

The op was told he would get it refunded too.

His problem is just that he did not get his move confirmed by plusnet till too late after agreeing a reasonably long deadline for confirming his move with bt .

Buzby

I love these unqualified suppositions - 'many have' and 'cynical tactic'. Anyone paying money to BT have to abide by the agreed T&C's.

Nothing other than goodwill would make BT modify their offering - but let's talk about 'rights' - Contract Law applies and the LRS is stated as non-refundable. It is not a penalty - as it is an opt in with benefits.

Any termination will not include repayment of this as a right - and it would be darn foolish to give anyone advice that this is the case. Of course, being a royal PITA may pay dividends if you are tenacious enough, but these are the exceptions, not the rule.

What happens with a third party transfer has no bearing on the principal cancellation. However, assuming BT DID agree a waiver, then it would be unrealistic to expect this would be confirmed in writing. If this eventuality happened, then the customer needs proof of said waiver - and recording your call with CS is the only way to protect your interests.

LadyDee

I have my phone/broadband with Plusnet and I have found them to be more than willing to negotiate on matters concerning refunds/charges and offers.
If you feel that a delay on their part means BT won't refund, then try speaking to their billing department to see if as a gesture of goodwill they would be able to come up with something which might at least go some way to minimise your loss.

Quentin

Buzby wrote: »

..... Anyone paying money to BT have to abide by the agreed T&C's.

Nothing other than goodwill would make BT modify their offering........

Any termination will not include repayment of this as a right - and it would be darn foolish to give anyone advice that this is the case.......

...... However, assuming BT DID agree a waiver, then it would be unrealistic to expect this would be confirmed in writing. If this eventuality happened, then the customer needs proof of said waiver -.......

Again your "authoritative" post is so wrong, and displays you don't know what you are talking about.

1) All contracts are subject to the conditions being fair. Over and above this, BT are regulated, and irrespective of what their contracts say, OFCom regulations overrule them. In particular Ofcom use the expression that we should be allowed to leave "without penalty" over unacceptable excessive increases.

Goodwill doesn't come into it. Ofcom advise that providers have to refund you for unused credit on your account when the provider wishes to make changes that allow the customer to leave without penalty should the changes be unacceptable to them.

2) Apart from myself and the OP getting it confirmed in writing that advance charges were to be refunded in full, if you read through the relevant thread you will see that many others also have got BT to confirm in writing that they will get a refund of the remaining unused line rental saver.

Matt_Mallone

Just thought I'd post an update. I went through BT's complaints procedure which after a somewhat unpleasant phone call from BT's complaints team resulted in a deadlock. I furthered the complaint to the Ombudsman and have now been told I will receive my outstanding LRS. It was a long wait but worth it in the end.

Buzby

It would be helpful to others who nay find themselves in a similar situation to know what reasons the Ombudsman put forward to reject BT's contract term?

Matt_Mallone

The Ombudsman rep told me that they had contacted BT and that BT had agreed to honour their original terms. There wasn't any further investigation needed.