Do I have 14 days cooling off?

anticlaus105

I'm currently a Sky TV, broadband and phone customer. After a recent problem I spoke them yesterday and was convinced to upgrade to fibre broadband. Having done a bit more research I don't think the deal they have offered is that great. I may well stay but am entertaining moving to BT. I spoke to sky today and they said I could cancel the phone and broadband but had "re-contracted" for TV and could not now cancel this.

Is this true or are they having me on?

unholyangel

Normally there is no cooling off period where the service begins early.

However the CCRs also state that a retailer should not begin supply of a service unless the consumer makes an express request to have the service begin early. They're also legally obliged to provide certain information.

Then of course you have UTCCR and UTCA (guidance on both collectively can be found here: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/284426/oft311.pdf) which goes over whats fair and whats not.

One of the things not allowed is binding consumers to hidden terms. It is a fundamental principle of fairness that consumers have the opportunity (whether they take it or not) to read and understand the terms before being bound by it. In order to achieve fairness....each party must only be bound by the obligations they agreed to accept prior to the contract becoming binding.

I've had to argue the same thing with virgin previously and it was hard - the problem being that customer service reps have little/no legal knowledge. They're trained to go by the T&C's rather than the legalities of those T&C's.

In the end I got them to relent only by contacting their legal team and explaining the above - along with pointing out that if they wish to hold me to the minimum term...it would be for them to prove it formed part of the contract at the time I entered into the contract and not for me to prove it didn't.

bris

It's a continuation of an existing contract there is no right to cancel.


As well as the fact the service has started.

anticlaus105

Fair enough. I wasn't sure if they were trying it on or not. Worth knowing for future dealings.

unholyangel

bris wrote: »

It's a continuation of an existing contract there is no right to cancel.


As well as the fact the service has started.

I think you're confusing a continuing relationship with a continuing contract.

There was an existing contract for the services that were being supplied. But now a new contract has been formed since and confirmation should have been sent.

However its more or less irrelevant as (as above) under unfair terms....they cannot bind consumers to hidden terms/you can only be bound by the obligations you agreed to accept at the time of entering into the contract.

anticlaus105

So as I thought I would have a cooling off period and they didn't point out I wouldn't, would this be considered unfair?

wealdroam

anticlaus105 wrote: »

So as I thought I would have a cooling off period and they didn't point out I wouldn't, would this be considered unfair?

Maybe.

If, for example, during the phone call they advised you that the service would start immediately and you agreed, then you may well not have the right to cancel.

That's just one possible scenario.

anticlaus105

The TV and phone line rental are continuing but the fibre broadband is a new addition. Given that I haven't changed my TV package or phone line how can they say I have re contracted for 12 months. I have only replaced normal broadband with fibre.

unholyangel

wealdroam wrote: »

Maybe.

If, for example, during the phone call they advised you that the service would start immediately and you agreed, then you may well not have the right to cancel.

That's just one possible scenario.

Its been changed with CCRs. There must be a request made by the consumer for the work to begin during cancellation period (and for the customer to be provided with certain info) before they can either a) lose their cancellation rights or b) be liable for costs incurred by the supplier in supplying the service during the cancellation period.

(6) The consumer bears no cost for supply of the service, in full or in part, in the cancellation period, if—

(a)the trader has failed to provide the consumer with the information on the right to cancel required by paragraph (l) of Schedule 2, or the information on payment of that cost required by paragraph (n) of that Schedule, in accordance with Part 2, or

(b)the service is not supplied in response to a request in accordance with paragraph (1).

And paragraph 1 states:

36. (1) The trader must not begin the supply of a service before the end of the cancellation period provided for in regulation 30(1) unless the consumer—

(a)has made an express request, and

(b)in the case of an off-premises contract, has made the request on a durable medium.

wealdroam

unholyangel wrote: »

Its been changed with CCRs. There must be a request made by the consumer for the work to begin during cancellation period (and for the customer to be provided with certain info) before they can either a) lose their cancellation rights or b) be liable for costs incurred by the supplier in supplying the service during the cancellation period.



And paragraph 1 states:

In which case, I can only assume that the OP is not watching Sky tv at the moment. Because, if it is a new contract, as you seem to be saying, then that must be the case.

Or to put it another way, if the OP currently has access to Sky tv, then the only way that can possibly happen is if a) it is a continuation of an existing contract, or b) the OP has "made an express request on a durable medium".

Perhaps Sky said "I'm sorry but if you want that deal then you will either have to continue your existing contract or do without Sky tv for 14 days".

unholyangel

wealdroam wrote: »

In which case, I can only assume that the OP is not watching Sky tv at the moment. Because, if it is a new contract, as you seem to be saying, then that must be the case.

Or to put it another way, if the OP currently has access to Sky tv, then the only way that can possibly happen is if a) it is a continuation of an existing contract, or b) the OP has "made an express request on a durable medium".

Perhaps Sky said "I'm sorry but if you want that deal then you will either have to continue your existing contract or do without Sky tv for 14 days".

The express request in a durable medium relates to off premises contracts only (only needs to be an express request for distance contracts).

What I'm saying is that they shouldnt have started providing the service early unless the customer requests it.

If it were an existing contract then the OP wouldnt be tied into a minimum term and would still be receiving the same services as they were previously.