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Grounds to cancel contract? R.E.I.N

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  • System
    System Posts: 178,356 Community Admin
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    JJ_Egan wrote: »
    Plusnet have explained quite clearly that it is not their equipment nor BT equipment that is at fault.
    That really only leaves internal .

    I would find a local telecoms guy to look at the internal wiring .
    It doesn't only leave internal. It leaves anything that is close to the route of the line from the exchange to the dwelling.

    It could be somebody with a dodgy electric drill 2 streets away if their are close to the route of the OPs line
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • JJ_Egan
    JJ_Egan Posts: 20,281 Forumite
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    !!!!!! wrote: »
    It doesn't only leave internal. It leaves anything that is close to the route of the line from the exchange to the dwelling.

    It could be somebody with a dodgy electric drill 2 streets away if their are close to the route of the OPs line


    Yes i know that but i left it out as OP must be well confused by now .
    External line or equipment .( BT OR / ISP say no fault found .
    External as you say low flying power drills .
    Internal and that should be the the area to look at .
  • cajef wrote: »
    As you have been told several times in this thread they are not in breach of contract as they are supplying the service, the problem is not of their or Openreach's making.

    How do expect Plusnet or Openreach to sort a problem that is external to their network.

    If the problem is not inside the OP's property but outside then whose responsibility is it?
  • cajef
    cajef Posts: 6,283 Forumite
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    JenniferK wrote: »
    If the problem is not inside the OP's property but outside then whose responsibility is it?
    The person or equipment that is causing the problem, pretty obvious really, though how you think it is the suppliers fault remains a matter of your opinion.
  • JenniferK
    JenniferK Posts: 277 Forumite
    Tenth Anniversary 100 Posts Combo Breaker
    edited 21 February 2016 at 4:07PM
    cajef wrote: »
    The person or equipment that is causing the problem, pretty obvious really, though how you think it is the suppliers fault remains a matter of your opinion.

    In consumer law you are wrong. Plusnet have a duty to supply the service to the master socket. If the service is interfered with on the way to the socket then Plusnet have a legal duty to sort the problem out and fulfil their contract. Have a look at the Sale of Goods Act 1979 and The Supply of Goods and Services Act 1982.
  • cajef
    cajef Posts: 6,283 Forumite
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    edited 21 February 2016 at 5:36PM
    JenniferK wrote: »
    In consumer law you are wrong. Plusnet have a duty to supply the service to the master socket. If the service is interfered with on the way to the socket then Plusnet have a legal duty to sort the problem out and fulfil their contract. Have a look at the Sale of Goods Act 1979 and The Supply of Goods and Services Act 1982.
    Very clever of you, if you are going to try and quote legal acts try to quote ones that are still in force both the two acts you quote are no longer in use and have both been replaced, try and get something right.

    They have been replaced by the Consumer Rights Act 2015, and where does it mention the scenario posted in this thread by you where a contract is broken when the goods are supplied but are affected by something that is beyond their control?

    http://www.which.co.uk/consumer-rights/regulation/consumer-rights-act?gclid=CjwKEAiA3aW2BRCD_cOo5oCFuUMSJADiIMIL12kJbHsALnMKQfFtv-Jn25l570fkiUwkC34L1W-ofRoCgLDw_wcB
  • cajef wrote: »
    Very clever of you, if you are going to try and quote legal acts try to quote ones that are still in force both the two acts you quote are longer use and have both been replaced, try and get something right.

    The basic provisions of the two acts quoted are still in place. If you want to be pedantic then read the enhancements provided by the Consumer Rights Act 2015 which improves the protection afforded to the consumer.

    In a case that went to OFCOM the ISP involved where held liable for failure to supply the customer up to the master socket.
  • cajef
    cajef Posts: 6,283 Forumite
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    edited 21 February 2016 at 6:10PM
    JenniferK wrote: »
    The basic provisions of the two acts quoted are still in place. If you want to be pedantic then read the enhancements provided by the Consumer Rights Act 2015 which improves the protection afforded to the consumer.

    In a case that went to OFCOM the ISP involved where held liable for failure to supply the customer up to the master socket.

    When you refer people to acts that are obsolete and have longer any standing in law what do you expect, you still have not answered where this is applicable to your interpretation in this thread.

    As has been pointed out to you by several people in this thread but you cannot accept, why does that not surprise me in view of your past posts about them, Plusnet have not failed to supply the customer they are getting the service they are using the internet, the problem is something that they are not responsible for.

    Do you really think that Plusnet or Openreach are not aware of their legal position in this sort of case.
  • VisionMan
    VisionMan Posts: 1,585 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    JenniferK wrote: »
    In consumer law you are wrong. Plusnet have a duty to supply the service to the master socket. If the service is interfered with on the way to the socket then Plusnet have a legal duty to sort the problem out and fulfil their contract. Have a look at the Sale of Goods Act 1979 and The Supply of Goods and Services Act 1982.

    I'm glad your not my lawyer... :D
  • cajef wrote: »
    When you refer people to acts that are obsolete and have longer any standing in law what do you expect, you still have not answered where this is applicable to your interpretation in this thread.

    As has been pointed out to you by several people in this thread but you cannot accept, why does that not surprise me in view of your past posts about them, Plusnet have not failed to supply the customer they are getting the service they are using the internet, the problem is something that they are not responsible for.

    Do you really think that Plusnet or Openreach are not aware of their legal position in this sort of case.

    Can't you read?
    I never denied that the ISP wasn't supplying a service. All I have said is that ISPs are responsible for supplying the contracted service up to the master socket in the customers property. Any fault before the supplied property is the responsibility of the ISP. After the master socket the responsibility is the customers.

    In contrast you suggested that the ISP wasn't responsible for any faults outside the customers premises.

    I know which view would win in court.
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