Breach of Contract? Pipex or daughter?

cw18

Some months ago my daughter arranged for Pipex to take over her B/Band service from BT (would have advised her against it had I known in advance, as I saw something on "Don't get done, get Dom" where they hadn't hooked someone up after months)

She got them a MAC code from BT, which they eventually came back and said didn't work -- I think it would have timed out by the time they tried to use it. She then provided them with another one on 2nd August, and was promised change over would be done within 7 days. They've now been sending her automated phone messages every week saying that due to demand they have a backlog, and it's going to be a further 7 days.

Last time this happened she phoned and told them to forget it as she was going to go elsewhere -- and they said she can't without paying them for 12 months as they have a contract (and that they wouldn't provide a MAC code until she paid this money up front) but that they would provide the service free for 2 months 'cos of all the messing around.

They've now sent her another automated message this morning saying it's going to be another 7 days.......

In my eyes they must surely have broken the contract by taking so long to connect her? And as it's now 27 days since the MAC code was issued it looks like she'll then get a call saying it doesn't work and the cycle will start again.

So if she waits until the code has expired and then tells them to take a running jump -- changing to someone else at that point with a fresh MAC code from BT -- can they really claim the 12 months money from her?

normanmark

No they cannot claim a full terms contract as they havent fulfilled their side of the bargain by actually providing the service. Nor should they be telling you that they cannot give the MAC until she pays.

The line 'How can you charge me for a service you havent provided' should work with the advisor, but be paitent with whoever takes the call (remember it isnt there fault) and being polite always works wonders, even in the most frustrating situations!

If they're still not playing ball merely tell them that you're going to Ofcom to seek guidance.

cw18

Thanks to both of you (which I hope I've also done properly with the link). I will advise her to wait until 2nd September so we know the MAC hasn't run out and then contact them and let them know she's off to someone else.