Consumer Contracts Regs 2013: ISP wilfully violated right to cancel, imposed 27% price increase

itcontracting

NOTE: **This is an issue that could potentially affect thousands of Broadband users**
Situation:
My ISP breached the contract to upgrade my connect from ADSL to Fibre. They offered a date to implement the new connection within the (14) day cancellation period.  After failing to meet the installation date term, with the breach to continue for an indeterminate period of time and ISP refusing to pay compensation for breach, I served them notice per §32 within the 14 day cancellation period.  When I asked them to confirm the cancellation notice in the ticket *THEY* created, they responded with an empty email sig "best regards [staff member's name]" (I'm really not making this up) and closed the ticket to shutdown any further discussion about cancellations, sticking 2 fingers up to my legal right to cancel per CCR 2013, §29.1.  In another ticket relating to the install of Fibre connection, I also served a cancellation notice, to which the ISP responded it was their *POLICY* to NOT recognise cancellation notices served in tickets.  So their policy is to violate §32.4(a) of CCR 2013.  They provided a cancellation form, but I served the notice in the ticket essentially, but it's of no consequence: my notice of cancellation is legally effective. So after withdrawing consent, ISP continued the work to configure the fibre connection, then "cancelled" that  Fibre contract- which for the purposes of the law was nullified at the point I served the cancellation notice- and created yet a THIRD contract, reconfigured the Fibre connection back to ADSL and charged me a price 27% HIGHER than my original ADSL contract- without my consent for THAT either!  The arrogance & rudeness is absolutely stunning
Proposed Response:
Because they've forced me into litigation to get the oppressive, unilateral contract they imposed on me voided by a court, I mean to sue them for breach of contract.  However,  because they've admitted - IN WRITING- that their policy is effectively to ignore the CCR 2013 law regarding cancellations, and used it to vacate a less profitable contract for a more profitable contract, I feel this is a case to pursue exemplary damages:
(b) Category 2: wrongdoing which is calculated to make a profit: Where a tortfeasor’s conduct was calculated to make a profit which might well exceed the compensation payable to the plaintiff, compensatory damages are likely to be inadequate to deter the tortfeasor from committing the tort. As a result: [e]xemplary damages can properly be awarded whenever it is necessary to teach a wrongdoer that tort does not pay.
The Big Question:
I'm not pursuing them for exemplary damages for breach of contract.  No. I want to go after them for exemplary damages for violating my consumer rights under CCR 2013 §29-33.  Is this possible? I reviewed tort law and cannot find a situation I can hold them to account. So CCR 2013 I want to be the legal battle ground.

Basically the ISP appears to be screwing LOTS of people and is calculating that it's economically worth violating the law as they'll generally only be held to pay compensatory damages.  So they screw a gazillion people over, maybe a handful take them to court and they have to be actual damages- they're quids in for breaking the law. This is EXACTLY the type of situation exemplary damages is meant to address. Pursuing them for exemplary damages will drive a stake through the heart of these dishonest tactics, rendering them unprofitable in a stroke.  This is a monied ISP with really deep pockets, they're dishonest bullies and I'm pursuing them.  Only question is what is the most effective means to hold them to account now that they've forced me into court. It's not an option to not go to court- they've extended my contract which was nearing it's end to a full 18 months.  I work in IT and need a reasonable Internet connection.  BTW, I'm also going to seek an injunction against them from pulling this crap on future users.  I just need a bit of help forming an effective case that will hopefully benefit all UK users.  Apologies for length of the post ;-)

Were_Doomed

Do you have a Consumer Rights question, or is this a Vent or Warning?

stragglebod

itcontracting said:

NOTE: **This is an issue that could potentially affect thousands of Broadband users**
I just need a bit of help forming an effective case that will hopefully benefit all UK users.

Then you'll be paying a solicitor and barrister to head off to the Supreme Court, at a cost which I estimate to be slightly more than 27% of a typical ADSL contract.

itcontracting

Were_Doomed said:

Do you have a Consumer Rights question, or is this a Vent or Warning?

I do have a question: it's neatly disguised as "The Big Question" I did apologise for the length at the end...

itcontracting

stragglebod said:

itcontracting said:

NOTE: **This is an issue that could potentially affect thousands of Broadband users**
I just need a bit of help forming an effective case that will hopefully benefit all UK users.

Then you'll be paying a solicitor and barrister to head off to the Supreme Court, at a cost which I estimate to be slightly more than 27% of a typical ADSL contract.

Whole point of the post was to avoid paying for barristers ;-).  I'm trying to find a solution that will negate the financial benefit for the violation of CCR 2013, just seeing if anybody can validate it is all really.

JJ_Egan

<I work in IT and need a reasonable Internet connection>

Is this a business contract ??

born_again

Try posting @ think broadband. If it is such a big deal as the owners there are well know in this field.

itcontracting

JJ_Egan said:

<I work in IT and need a reasonable Internet connection>

Is this a business contract ??

No, consumer contract, but good point! Might have been a question the ISP could have posed to determine the suitability of the service they were selling me, but they unilaterally imposed the contract without my prior knowledge or consent ;-)  Joking aside, it was all the covid restrictions that drove the interest in moving to Fibre: videoconferencing is going to be the new norm, and that requires some chunkier bandwidth than possible with a 3-5 mbps ADSL connection.

itcontracting

born_again said:

Try posting @ think broadband. If it is such a big deal as the owners there are well know in this field.

Firstly, thanks so much for the tip! However, this is really about defending consumer rights being wilfully violated- broadband is incidental- it could be a distance contract for a bag of potatoes.

Yahoo_Mail

I don't see how 34.4 applies to your situation. The trader did not give you the option of sending in a cancellation form by ticket.  That there was a box you could fill in to on their website to communicate with them is not the same as them giving you the option to do it via the website.

itcontracting

Yahoo_Mail said:

I don't see how 34.4 applies to your situation. The trader did not give you the option of sending in a cancellation form by ticket.  That there was a box you could fill in to on their website to communicate with them is not the same as them giving you the option to do it via the website.

§34.4 is not what's at issue in them refusing to recognise my notice of cancellation: 
 §32.(4) If the trader gives the consumer the option of filling in and submitting such a form or other

statement on the trader’s website—

(a) the consumer need not use it, but

They were obliged to recognise my cancellation, BY LAW. failing to use the form was an irrelevance.  Indeed the notice was served in the same ticket documenting the creation of the Distance Contract.  I couldn't therefore think of a more appropriate place for placing the notice.