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Does anyone know my rights with BT in this situation? Their breach of contract (?)

IsThisUserNameTaken
IsThisUserNameTaken Posts: 29 Forumite
edited 20 February 2016 at 9:33AM in Broadband & internet access
I took out an online contract for BT's TV, fibre and phone package, they were to take over my contract which I'd deliberately left rolling from another provider, so that I could transfer to fibre when it was available without severance fees, and allowing me to take advantage of new customer incentives. Installation day comes, I get a text from BT saying the phone line is now active - great, but no show from BT engineer arranged to install the fibre. After several calls to BT it turns out that they were unable to provide the fibre to me - as I understand it, slots had become available when I placed the order, but for whatever reason were no longer available by the time installation was due). Next day BT also take over my broadband from EE (they by this point were aware that they could not provide my broadband themselves) and promptly disconnect me from both phone and broadband because they were not in a position to provide the fibre. I now had no phone, no broadband and am now using internet as I've purchased a dongle (why aren't BT paying for this?) I've lost my phone number as I need services urgently so had to take out a new 12 month contract with a new provider (so liable for severance fees I'd not have had to pay had BT not messed up) - I specifically did not want or need this as I wanted to move to fibre which I'm expecting to be in the area in the v near future. I'm still in the waiting stage for copper broadband as a new provider can't do the transfer immediately so am still on limited internet.

My question is, as the contract I took out with BT was for a package that BT did not/could not provide, then did they even have consent to take over my phoneline/broadband in the first instance (as presumably the contract was that they have my permission to do so, in exchange for the agreed package, as the package was not provided then I believe that my consent was not given). I don't know the law well enough to know one way or the other. I'd have also thought that BT are liable for the costs that I have and still am incurring as a result of this? I'm especially bothered about the severance fee to my new provider, which I'm expecting to be over £100 as I wish to leave as soon as I can get fibre, had I been left on my existing rolling contract (which I believe BT were in breach of contract for having taken over?) I'd not have had to pay this. Is asked on live chat to the rep which body I complain to if I have issues with BT, but they ignored my question. Is there anyone who has any idea what my rights are?
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Comments

  • This happens all the time, there is often a discrepancy from the time of placing the order to the actual physical connection of fibre that Openreach run out of slots in the cab and can no longer provide the service. These things happen and is a common problem with Openreach.

    BT would likely have issued you with BT Internet for the time being and likely would have given you a gesture of goodwill had you stayed if you were polite enough in making a complaint and gave them time to replace the order. They would have also attempted to get your number back from Openreach too as it's likely sitting in a pot somewhere now waiting to be assigned to someone. But since you had left BT of your own volition then no, you're not going to get anything and you'll likely have to pony up the lot.
  • IsThisUserNameTaken
    IsThisUserNameTaken Posts: 29 Forumite
    edited 20 February 2016 at 2:35PM
    Funny you should say that because I complained at the time, and was told that I would be able to speak to someone within 72 hours. The following morning I called BT to find out the situation and was in passing only then told that I was about to be disconnected (so certainly there was no intention of keeping services running as a gesture of good will, they did not intend to even let me know they were disconnecting me, it was just was well that I had called via mobile as I'd been disconnected by the time my phone call had ended). I requested at the time that as a gesture of goodwill they allow me time with phone/internet so that I may have the resources to find replacement services. My request was ignored. At this point I requested to speak to a manager, thinking that perhaps they would have more power to allow this to happen. I was told by this manager that this was not possible, as well as being told that they could not replace my order. I was told that I could place a fresh order for copper broadband over the phone with her, but in that instance they could only offer me the telephone deals which were not as favourable as an online one; that if I wanted a better price then I needed to go online, she advised that I went somewhere with wifi access to place my order. So the goodwill you speak of was simply not there. I did ask her if I could be passed through to complaints and was told that she was complaints. 72 hours has passed since I was first told I could speak to complaints, some time ago and I have not had any call, as I was told I'd have, just the manager who told me she couldn't do anything and she was complaints. I understand that the phone call promised is still to happen, but we're looking at a week on now with no contact.

    I lost faith in the process as there was an apparent lack of goodwill and common sense and it didn't help that different reps were telling me different things.

    In this instance, what I think is that as my contract allowed BT to take on my phone and internet in exchange for an agreed package. As BT did not provide the package, then my consent to take over my contract was void, therefore BT were in breach of contract for having transferred the services to them in the first instance and so in doing so are liable for all costs incurred as a consequence.

    I would not be bringing out the legal side of things, had BT shown the common sense and goodwill which you describe, We could easily have come to a resolution - at least I think we could have done, before this had started to cost me money, I had though been proactive in trying to action at least a temporary solution with BT but to no avail.
  • Anthorn
    Anthorn Posts: 4,362 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    A breach of contract is unlikely to succeed although not impossible. I tried something similar: I was under contract with BT phone and Infinity Fibre Option 2. When I moved, BT transferred everything plus a new 12 month contract but only the slower Infinity Option 1 speed was available at my new address. I eventually claimed misselling of Infinity Option 2 and it failed.
  • Ah well, thanks for your help - mega frustrating. You don't happen to know who I'd take it up with (ombudsman?) I did ask BT but they ignored my question.
  • In this instance, what I think is that as my contract allowed BT to take on my phone and internet in exchange for an agreed package. As BT did not provide the package, then my consent to take over my contract was void, therefore BT were in breach of contract for having transferred the services to them in the first instance and so in doing so are liable for all costs incurred as a consequence.

    Unfortunately it doesn't work that way as you haven't given them a chance to resolve the problem before leaving again. I understand they clearly made a pigs ear of things but even that isn't enough to break the contract. I've seen tens of people attempt to dispute this and still get held to term.

    This is the official process as outlined by OFCOM:

    - Contact customer services department and explain your problem.
    - If this doesn't resolve the issue, make a formal complaint, letter etc.
    - If your provider is unable to resolve your complaint, ask for a deadlock letter.

    Instead you went from Step one to step seven. They will most likely hold you to term and charge you in full. The ADR scheme will likely say you haven't got a leg to stand on as you didn't follow process.
  • IsThisUserNameTaken
    IsThisUserNameTaken Posts: 29 Forumite
    edited 20 February 2016 at 5:42PM
    But how can they do that? they've written saying that my accounts with BT have been completely closed. It was BT who told me they were cancelling my services, not my request. One of the BT tel. reps suggested even that I ask my previous provider whether they could re-instate my contract with them, I tried her suggestion but they couldn't.
  • Unfortunately incompetent staff can't break contracts as much as we would like them to.
  • IsThisUserNameTaken
    IsThisUserNameTaken Posts: 29 Forumite
    edited 20 February 2016 at 6:59PM
    I am very confused as to what you're saying, I at no point asked anyone to break contract, but I was told by BT that my order had been cancelled by them and that my internet and phone line were being shut down, and indeed when I tried once I got off the phone from BT that morning everything was already dead, that was despite my request for them to keep services live until this could be resolved, so it certainly wasn't my instigation, so if anyone is jumping from step 1 to 7 it's BT, with me trying to resolve, it's BT who weren't interested. I was told I was being shut down by BT and I simply replaced services, but in doing so I have now incurred costs and I believe that BT are liable for these costs as they effectively turfed me out with at most 15 mins warning, which even at that is because I'd happened to call them at the time.

    I have since received an email from BT confirming my accounts are closed, and, I was very worried as to what you just said so I called BT and they confirmed, accounts closed and I am not liable for any costs as BT took the decision to shut everything down and not me. They also confirmed that BT will be in contact but they have in the region of about 18 days to get on touch with me, not the 72 hours I'd been told earlier.
  • I was told I was being shut down by BT and I simply replaced services, but in doing so I have now incurred costs and I believe that BT are liable for these costs as they effectively turfed me out with at most 15 mins warning, which even at that is because I'd happened to call them at the time.

    I have since received an email from BT confirming my accounts are closed, and, I was very worried as to what you just said so I called BT and they confirmed, accounts closed and I am not liable for any costs as BT took the decision to shut everything down and not me. They also confirmed that BT will be in contact but they have in the region of about 18 days to get on touch with me, not the 72 hours I'd been told earlier.

    This two statements are conflicting with each other. Either you moved away before BT could end the contract which I initially believed or they have taken the path of least resistance and pre-emptively ended it.
  • IsThisUserNameTaken
    IsThisUserNameTaken Posts: 29 Forumite
    edited 21 February 2016 at 3:59PM
    I had intended to be clear in my OP, but quite probably hadn't been - The costs I was referring to, eg severance fees, I meant that these I expect to have to pay to my new provider who I had had to take out a 12 month contract with this week - my intention had been to move to fibre asap and I would have been free to do this, as my previous contract I had deliberately allowed to roll so that I could leave when fibre was available. I now either have to wait another year, or am liable for severance fees, as well as costs of new router, dongle, etc that I have already had to purchase.

    BT told me they were going to shut me down, I transferred once I had been shut down. But by the time I had got off the phone (mobile) with BT this had already been done - I no longer had phone or internet access when I tried. Severance of BT contract was on their part. I did not take out a new contract until I had both been told I was going to be shut down, and my services were no longer active.

    I only found out that they had even intended to shut off my services by chance, as I happened to call BT at the time, I requested that they allowed me time to either resolve this with BT or to continue services for long enough for me to find a replacement but my request was ignored, I did ask to be passed to a manager, this was done, the manager told me she could not prevent the shut down of my services as they could not provide the package I'd ordered. So neither of the two scenarios you describe, it looks like normal protocol to me They even took over my internet after I'd already had it confirmed by BT that they couldn't provide fibre to me, which I cannot see that under the circumstances they had any right to do, they were at that point fully aware that they could not provide fibre to me so this was not caused by Open Reach issues, and I can't really see that they chose the path of least resistance, as I was resisting being shut down.

    I therefore replaced my origonal services as I now had none with BT, nor the company they had cut me off from. I have replaced, not upgraded, and in terms of contract length I have been forced to downgrade.

    BT have confirmed that they closed my accounts with them and not liable for costs to them, but their actions have resulted in my incurring fees and costs elsewhere.
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