Can broadband companies change a contract without telling you?

jeblee_2

I've had my broadband with Primus Saver or Fuel Broadband as they're now known. Completely useless does not cover it, I got so fed up on the phone to them I've just sent my complaint by email...


"When I originally signed up to Primus Saver I took a 12 month contract but because of my broadband usage a month later I phoned the customer services and was changed to an unlimited deal. At the time I was only told there would be an increase in the monthly price plus an extra sum which I paid over the phone. I had no written confirmation or verbal notification that my contract had actually changed to 18 months. As far as I am concerned my contract ended in May and I have just come to cancel my service to be told that I am still within the contract and need to pay a cancellation fee. None of my correspondence with yourselves has mentioned a change in contract and therefore I haven’t agreed to any change. If you have anything contrary to this then please let me know."


My understanding of contracts is that I have to agree to a new contract and then from that point I get written confirmation and 14 days notice to cancel but as I've put above I knew nothing about it. I'm unsure as to how they are going to respond to this but I'm not hopeful how would I go about escalating this? There's also another matter where they overcharged me for line rental but after a couple of months the £70 that should be on my account disappears so I may also need to fight to get this back.


Any advice on how I deal with this would be great, I'm terrible at complaining over the phone but if I know what I need to say it could be better...:(

JJ_Egan

Basics are if they change the contract they must inform you .
That is usually via Email or your membership page .You then have 30 days to cancel the service .
But upping the service to unlimited would have started a new contract as per the T&C at whatever was current and UL is usually 18/ 24 months contract .When you phoned you agreed to the new contract and should have been so informed .

JethroUK

Service providers have very liberal laws to adhere to

They can change prices/conditions mid contract and they do not have to provide written contract because they can put in t&c that your agreeing/continuing to use the service is your agreeing to contract

and they seem to interpret these as they feel like - taking them to court is the only thing that will educate them

I think there are some new laws to stop service provider increasing the price mid contract thank God and it seems outrageous that they were even allowed to in the first place

Of course the reason they treat customers/contract with such contempt is that if the customer does not pay (for whatever reason) they can damage your credit

InsideInsurance

jeblee wrote: »

My understanding of contracts is that I have to agree to a new contract and then from that point I get written confirmation and 14 days notice to cancel but as I've put above I knew nothing about it.

Your understanding is incorrect, a change of contract doesnt have to be evidenced in writing but you do have to be informed. So what this really comes down to is if you were told at the point of YOU changing the contract to unlimited that the minimum term had changed or were advised to go online to look at the revised terms during the call.

Alternatively if the original terms you agreed to already had the provision of different lengths of minimum service subject to download limits stating that unlimited was 18 months then there was no need for them to tell you anything additionally because you'd already agreed to this when you originally took the contract out and its thus not actually a variation of terms. You could possibly argue this would be underhanded of them not to remind you of it but again if you instigated the change your case is weakened and if they make the throw away question of read the terms or have you read the terms and you do what most callers do and instinctively agree to get on with the call then again its no foul from them.

Ultimately, raise a complaint and if you arent happy with their response request that they issue a Deadlock letter. Its then your choice if you take it further by going to the ombudsman OfCom, take it to court or write it off as an experience

hollydays

I recently got a letter from Primus saying I needed to contact them as there was something( technical) that needed upgrading and I should contact them. I'll have a look for the letter today.
It did cross my mind it was some kind of semi scam as I don't have much faith in phone companies.

It's a coincidence the letter arrived just before they changed to another company name.

caeler

Interestingly Fuel/Primus have upgraded all broadband customers to unlimited broadband automatically until the end of existing contracts. I have had written confirmation that my contract still ends when I thought it did and the upgrade didn't affect my contract. Like the OP when I first became a customer I got nothing in writing so all I have is a screen print of the original offer I called about. Not ideal.

jeblee_2

When I've had to contact my credit card provider after a scam, they told me that if the comany couldn't provide proof that I had agreed to their terms and conditions then the contract between us didn't exist. I would have thought that Fuel Broadband would have had to record my call in order to provide proof I had excepted the terms of the new contract. It just seems a bit underhand to not provide written confirmation of the new contract. After contacting them they just said I agreed to the new terms over the phone, I could purhaps fight them and ask for proof of this but to be honest I'm not sure I can be bothered to deal with the company anymore for the sake of £30.