Cancelling internet provider 4 days after purchase

Nashwan

Hi, On Friday my Mum saw on MoneySuperMarket.com that Pop Telecom is the cheapest internet provider for her and came to mine to order it online. I won't go in to all the details of why I advised against it but suffice to say that I did very strongly after seeing their website and finding nothing on Google for them (there's other things but this isn't the point here).

She went and paid £160 on a debit card for a years service, but that took us to a page telling us we were order no 838 (yes, only 838!), with no other details. No dates, no call promised, not "router on its way" etc., nothing.

A rep on their online chat said a call and email confirmation would arrive within 48 hours but hasn't done so, and when I chased them today they said she'd have to call a toll number to start the process. She called that number who passed her around 2 other numbers, and eventually a final number that was correct but wasn't answered within 10 minutes, and, not knowing what she was being charged, and also because she suffers from anxiety, hung up.

I've looked for advice on Which.co.uk about cancelling internet immediately, but it keeps mentioning credit agreement cooling off periods, and she hasn't made a credit agreement.

I basically want to know how to get her out of this, preferably with a letter so she doesn't have to be involved too much. Their terms & conditions point to here for cancellation fees but the page doesn't exist.

Does the long distance selling act of 2000 apply to internet service? Is it as simple as writing a letter cancelling and demanding a full refund? Or are they entitled to charge a cancellation fee?

Your time and help is greatly appreciated.

Blackbeard_of_Perranporth

has the service started?

if yes, you cannot use DSR. If not. Cancel using DSRs

macman

Is it this company?
http://www.poptelecom.co.uk/index.html#.U48e1y8yGlg
If so, she appears to have signed up to a business contract, not a consumer one-in which case her right to cancel under any consumer legislation may be non-existent.Which tariff has she taken out?
It's clearly shown on that site that this is a business telcom company.

McKneff

Blackbeard_of_Perranporth wrote: »

has the service started?

if yes, you cannot use DSR. If not. Cancel using DSRs

Services do not come under Distance Selling Rules so cannot be cancelled under those rules.

macman

Since the service can't have commenced yet, she should be able to cancel (do this by letter sent RD), but whether she will ever get her £160 back is another matter.
If not, she will be locked into either a 12m or 24m minimum term-see the T&C's.
She has made a credit agreement, because paying £160 upfront does not cover her maximum potential usage-any out of bundle charges would be additional to that, which is probably just an advance line rental sum.

molerat

They do offer consumer contracts and from their T&Cs

117 DISTANCE SELLING
If you ordered any Service (as defined below) from us either over the internet, by telephone, by mail order or by any method which has not involved meeting a member of our staff in person, then the Consumer Protection (Distance Selling) Regulations 2000 (“Regulations”) mean that you are entitled to cancel the Contract (as defined below) at any time up the earlier of the following:
117.1 7 working days after receiving these terms and conditions for any Service or
117.2 up to but not including, the date our supply of that Service to you commences (each known as “the Trial Period”)
If you wish to exercise your right to cancel the Contract then you must notify us in writing of such cancellation within the Trial Period.
If we have supplied you with any goods without charge (for example a wireless router) you must then return the goods to us undamaged and in their original packaging, by sending them special delivery to POP Telecom 9 Ashton Gate, Ashton Road, Romford, Essex, RM3 8UF ]
You will be deemed to have received these terms and conditions 48 hours after they are posted to you.
Please note that if you do not return all the goods you have received, we shall be entitled to charge you for the costs we incur in collecting them from you. These terms and conditions do not affect your rights under law. Finally, please note that if you have commenced using any Service after receiving these terms and conditions, you will be deemed to have accepted these terms and conditions and agree that you will also lose your statutory right of cancellation under the Regulations.
Regardless of the above, but subject to Clause 82. we will not charge you anything if you cancel your bundled Broadband Service and Unlimited UK Calls Service no later than the day before the ‘go-live date’ communicated to you by us.
We have a customer complaints code which explains the steps you need to take when you want to complain to us about something. You can get a copy from our website (www.poptelecom .co.uk) or by calling our customer service team on 0844 499 3738

grahamhpalmer

ok so how come I canceled before the go live date as I had not received a router or anything else , I got£30.00 REMOVED FROM MY BANK ACCOUNT
even though my monthly fee was agreed at less than twenty and all set up costs were free and a refund takes fourteen days or should I say takes the !!!! , any other firm credits it back within three most within the hour

Pedant1004

Similar experience to my 89 year old mother. She was the victim of a heavy telephone sell from POP. When she told me the next day that she was about to give up her 50+ year long relationship with BT, she cancelled the contract via email along with the DD she had set up.
Yesterday POP cut her off, presumably for non-payment. As she has restricted mobility, she depends on her phone for contact with friends and family; it is also - literally - her lifeline as this is how she gets her medication and communicates with her personal alarm company.

Moral - do not buy a service you don;t understand over the phone.