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Bad Faith?
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Mr_Singleton
Posts: 1,891 Forumite
Was wondering if you sign a 18 month contract with BT for Broadband would it be considered as bad Faith if BT then raised the price 2 weeks later?
If so what would the legal remedies be?
If so what would the legal remedies be?
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Comments
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Not if its in the contract and it is .0
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What does the contract say about price rises? There is usually a clause that lets you leave in the event of a price rise.0
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If the rise is more than inflation (can't remember which variant they reference) then you can usually cancel without penalty; if it's no more than inflation then you usually can't. (This is a fairly recent change, from memory ... it used to be that any price rise allowed you to trigger the release clause).
But ... is there not a clause that allows you to cancel and leave within 30 days? (or is it 14 days?)0 -
Just to clarify my understanding of 'Bad Faith' is to negotiate/enter into a contract with no intention of honouring the terms of it.
If that's the case no contract is formed so any terms within it are null and void.0 -
English law does not have a concept of 'bad faith'. This is a concept in European legal systems. 'Bad faith' does not render a contract null or void.
You will have to read the contract to see what it says about price hikes. It may be the case that you are entitled to terminate your contract early if there is a price hike.0 -
Same answer as always: it is not a fixed price contract. So they can increase the price a day later if they wish. Your remedy remains the same.No free lunch, and no free laptop0
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The BT contract includes this below be it a month or a year before a price rise .
<Our prices and terms may change at any time while you're in contract with us. We'll let you know about any important changes before they happen. >>0 -
When they put calling prices up last year/start of this year they sent me this:
"You don't need to do anything but if you want to change something, please give us a call. If you want to leave and you're within your minimum contract term, you'll need to call us within 30 days of receiving this email to avoid paying a charge for leaving early. You'll need to give us 30 days' notice to leave (or 14 days if you're switching to a new provider). We won't charge you for any increase in price during that time. "0 -
Mr_Singleton wrote: »Was wondering if you sign a 18 month contract with BT for Broadband would it be considered as bad Faith if BT then raised the price 2 weeks later?
If so what would the legal remedies be?
Your legal remedy is to phone them up and tell them you wish to cancel the contract, or take your business elsewhere, whichever you prefer.
The latter is usually less hassle for you.If it sticks, force it.
If it breaks, well it wasn't working right anyway.0 -
If the rise is more than inflation (can't remember which variant they reference) then you can usually cancel without penalty; if it's no more than inflation then you usually can't. (This is a fairly recent change, from memory ... it used to be that any price rise allowed you to trigger the release clause).
But ... is there not a clause that allows you to cancel and leave within 30 days? (or is it 14 days?)
Other way around. They used to only allow you to cancel if the price increased significantly (although they'd then argue a 12% increase wasn't significant). Now - due to ofcoms rules they need to allow you to cancel without penalty for any price increase no matter how small.
https://www.ofcom.org.uk/about-ofcom/latest/media/media-releases/2013/protection-for-consumers-against-mid-contract-price-rises
https://www.ofcom.org.uk/about-ofcom/latest/media/media-releases/2014/protection-for-consumers-against-unexpected-mid-contract-price-risesYou keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride0
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