Dispute with BT

zaax

Pay for a transcription of the second call as well.
BT Openreach is dire and you should have waited months for it to be fixed. But you can bill them for your time and of course you will have to take them to court.
recorded delivery letters are best with BT

jmenzies

Just an update, I filed a claim with the small claims court two days ago, claiming for 1) my quantifiable loss in connection with them losing my order (my broadband and phone line all started 3 weeks late) 2) the value of services which were paid for but not provided due to both the services starting late and services being provided being materially different to the representations made which induced me into the contract (using the misrep act and I have the call transcript) and 3) the amount of the cancellation charges and fees which BT have invoiced me for.

£60 paid, which I know I will recover because I am entitled to get back money I paid for the first three weeks where they "lost" my order so didn't connect my broadband or phone, but still took payment for it (and for which they haven't refunded despite my best efforts to recover). Even if the 1st and 3rd limb of my claim fail, I will still recover the £60 paid, unlike with the higher value claim tracks in the county court BT cannot make a Part 32 offer (which if you fail to accept and end up getting a lower award from the court, means costs can be reversed and awarded to the defendant).

I think a lot of the advice given on this forum in relation to rights against broadband providers suggests we as the consumer have very little in relation to cancelling a contract when the services are not being performed. In business to business contracts this situation would rarely arise, as parties have equal bargaining power to ensure they negotiate sufficient termination provisions in the event services are not performed. With broadband contracts the consumer is given almost no ability to cancel, and I would be surprised if a situation where a consumer was not getting services which were suitable for everyday normal use (so for broadband, things like being able to communicate over e-mail, have a skype call) and the consumer had tried to resolve the issue with the supplier and a reasonable time had passed (reasonable man test, three months of trying to resolve the issue - even if the norm with broadband suppliers is it takes longer it wouldn't make it reasonable), terms that still bound the consumer to the contract would be enforceable having regard to UTCCA.

Finally (and the weaker of the potential arguments) I would try to claim that the cancellation and termination charges are nothing more than a penalty (it is a clause that is primarily intended to deter the consumer from breaching the contract, so therefore is a penalty). A genuine pre-estimate of loss would not extend to a service provider not getting paid for services that have not yet been provided.

I will let you all know of the outcome.

dbrooksbank

I have recently switched mobile to BT. I gave them my PAC code to ask for a transfer of my old number. It is now 11 days and rising for BT to get the codes from my previous service provider. They have spoken to me most days and defaulted to the party line "We haven't been sent the files from your previous service provider". Has anyone else had this problem please?

jmenzies

UPDATE - BT have settled, they presumably only got court documents today or yesterday. They have cancelled the contract, agreed to cover the quantifiable damages I set out as well. They also agreed to pay the initial activation fees.

Some of the respondents to my original question gave some terrible answers suggesting I stood no chance. I am glad I didn't listen. I would urge others to stand up to the shocking service BT provides.

misty_blue_2

jmenzies wrote: »

UPDATE - BT have settled, they presumably only got court documents today or yesterday. They have cancelled the contract, agreed to cover the quantifiable damages I set out as well. They also agreed to pay the initial activation fees.

Some of the respondents to my original question gave some terrible answers suggesting I stood no chance. I am glad I didn't listen. I would urge others to stand up to the shocking service BT provides.

Great news for you well done:T:T

jmenzies

Another update -

not only have BT paid out in full, but the switch to another broadband provider has seen my broadband go from an unstable connection of around 1mbs to a stable connection of between 7 and 10mbs.

So to those unhelpful people on here who responded to my first query with advice phrased as facts, (e.g. you can't get out of my contract, BT have no breached anything, and changing provider won't improve my broadband) I suggest you are a little more careful in the way you wield your keyboard power in future.

misty_blue_2

jmenzies wrote: »

Another update -

not only have BT paid out in full, but the switch to another broadband provider has seen my broadband go from an unstable connection of around 1mbs to a stable connection of between 7 and 10mbs.

So to those unhelpful people on here who responded to my first query with advice phrased as facts, (e.g. you can't get out of my contract, BT have no breached anything, and changing provider won't improve my broadband) I suggest you are a little more careful in the way you wield your keyboard power in future.

This is excellent news for you
Well done :T:T

So glad it is now sorted for you

Iain_L

jmenzies wrote: »

Another update -

not only have BT paid out in full, but the switch to another broadband provider has seen my broadband go from an unstable connection of around 1mbs to a stable connection of between 7 and 10mbs.

Go on, help me out please. Who is your new provider, they may be able to do the same job for me?