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Can I void BT contract?

Annoyed_Gary
Annoyed_Gary Posts: 2 Newbie
edited 24 July 2014 at 4:31PM in Broadband & internet access
Hello,
In March this year we moved home and asked BT to continue to provide us with our telephone and broadband service. We were informed by BT that they had carried out a survey and that we would be able to have BT infinity with the fibre optic cable giving us a maximum download speed of 34mb.
We were happy to be able to get that speed and so agreed to take up the service.What we were not aware of was that by doing so we would be entering into a new 18 month agreement for the broadband and a new 12 month agreement for the telephone. I suppose the lesson learnt there would be to ask more questions before agreeing to anything.
What we discovered yesterday was that BT have not put us on the package we agreed with them but on a higher priced package that was enabling speeds of up to 76mb. By BT’s own survey and online tools the absolute maximum speed we could get is 34mb.
My question is Are BT in breech of contract by selling me something that is not fit for purpose? And would this be enough for me to be released from my obligation for the remainder of the contract?
Or even the fact they have put me on the incorrect package after conducting their own surveys be enough to invalidate the contract?

Many thanks
Gary

Comments

  • JJ_Egan
    JJ_Egan Posts: 20,281 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    BT Infinity is an 18 month contract .
    Get them to downgrade you to the lower Infinity product .

    Do you have evidence that you signed up for 38mb fibre .
  • Timalay
    Timalay Posts: 956 Forumite
    Part of the Furniture 500 Posts Photogenic
    Hmm tricky one. Have you tried calling BT about this, if you agreed to sign up to the 38mb package, that what they should supply you with.
  • Buzby
    Buzby Posts: 8,275 Forumite
    Any move incurs a reimposition of the minimum term. As to voiding it. What does the contract say about your rights to cancel. You also believe you 'get fibre' this is not a contract term and never has been - you get the same copper as everybody else, save for the fibre being a little closer to you sometimes offering better speeds, but the reality is how many others are using the same feed (known as 'contention') any speed figure is a maximum, not minimum.

    For for the incorrect package, incompetence is allowed, but they have to fix their error.
  • VisionMan
    VisionMan Posts: 1,585 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    I agree with Buzby. But just ask them to listen to the call. Its easy enough to find out, as Infinity up to 38Mbps and 78Mbps attract/charge different price brackets. So are the prices agreed to and charged different?
  • macman
    macman Posts: 53,129 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    They should downgrade you to Infinity One and reimburse you for any overpayment to date.
    As to voiding without penalty-no chance. You failed to ask what the minimum term was when signing up-did you really think that BT do all that work FOC without a new minimum term being imposed?
    No free lunch, and no free laptop ;)
  • macman wrote: »
    They should downgrade you to Infinity One and reimburse you for any overpayment to date.
    As to voiding without penalty-no chance. You failed to ask what the minimum term was when signing up-did you really think that BT do all that work FOC without a new minimum term being imposed?


    I am not looking to void the contract due to the length of it, what my issue is, They put me on a different package to the one that was agreed to. Had I been the one who was paying less for the agreed contract then BT would be all over me like a rash and certainly would not of accepted that I made a mistake.


    I have foolishly thought that when agreeing to accept terms of a contract that I would be charged only for what I and the other parties had agreed to. It seems that contractual laws only seem to apply to large companies when it is in their favour.
  • macman
    macman Posts: 53,129 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    BT simply put you on the wrong tariff. Their liability is therefore limited to putting you on the right one, and compensating you so that you are in the same financial position that you would otherwise have been.
    I don't understand what this has to do with voiding the contract? Unless of course you have decided that you don't want FTTC after all and are looking for a way out without penalty.
    PS: they can up the price at any time, as it's not a fixed price contract.
    No free lunch, and no free laptop ;)
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