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

unholyangel

itcontracting said:

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.

Look at the part I've put in bold. IF the trader gives you the option of submitting the form via their website THEN they need to acknowledge receipt if you use it, but only if they give you that option. 

Browntoa

Not clear ,

Were you still in contract for ADSL while upgrading ?

Some legacy products are automatically terminated if you go to another product . These cannot be reinstated . 

Which ISP ? 

neilmcl

It seems the OP has far too much time on their hands at the moment. As @unholyangel as mentioned s34(2) only works if the the trader gives you the option of a cancellation form and you choose to use it. You didn't, instead you issued a cancellation via a random support ticket.

itcontracting

unholyangel said:

itcontracting said:

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.

Look at the part I've put in bold. IF the trader gives you the option of submitting the form via their website THEN they need to acknowledge receipt if you use it, but only if they give you that option. 

They ISP expressly stated to me they do NOT recognise cancellations sent in their ticketing system. §32.5 says they were obliged to:
"(5) Where the consumer informs the trader under paragraph (2) by sending a communication,

the consumer is to be treated as having cancelled the contract in the cancellation period if the

communication is sent before the end of the period."

When the ISP was refusing to acknowledge my valid cancellation, I could see they were going to violate CCR 2013 and in fact, they did. Indeed, I'm glad I did chase them for an acknowledgment. §32.6 says in any disputes about cancellation, the onus is on the CONSUMER to prove the served an effective notice. I warned they they weren't within their rights to proceed with the contract and they have zero defenses now when I see them in court. 

itcontracting

neilmcl said:

It seems the OP has far too much time on their hands at the moment. As @unholyangel as mentioned s34(2) only works if the the trader gives you the option of a cancellation form and you choose to use it. You didn't, instead you issued a cancellation via a random support ticket.

This was not a "random support ticket", but as I mentioned, the ticket the ISP created to create and track the contract.  As far as relates to your snide comment about having "too much time on [my] hands", I'm saddled with an 18 month 3-5 Mbps ADSL contract and am left with no other option but to go to court to have the "contract" voided. And I responded to @unholyangel regarding this issue.

itcontracting

Browntoa said:

Not clear ,

Were you still in contract for ADSL while upgrading ?

Some legacy products are automatically terminated if you go to another product . These cannot be reinstated . 

Which ISP ? 

Good question, but ultimately a non-issue: When the ISP was failing to deliver the new connection they promised to within the (14) day cancellation period and I cancelled the distance contract, the only valid contract remaining after I nullified the new one was my current ADSL contract. That is to say that my current ADSL connection was still in place when I cancelled the fibre connection. And as the breaching party, the ISP does not get to create a new contract for their failure to perform under a the one I terminated for their breach.  Really good distinction you made, and these are questions that will invariably arise in the court process. Thanks Browntoa!

neilmcl

itcontracting said:

neilmcl said:

It seems the OP has far too much time on their hands at the moment. As @unholyangel as mentioned s34(2) only works if the the trader gives you the option of a cancellation form and you choose to use it. You didn't, instead you issued a cancellation via a random support ticket.

This was not a "random support ticket", but as I mentioned, the ticket the ISP created to create and track the contract.  As far as relates to your snide comment about having "too much time on [my] hands", I'm saddled with an 18 month 3-5 Mbps ADSL contract and am left with no other option but to go to court to have the "contract" voided. And I responded to @unholyangel regarding this issue.

Seems you have all the answers then. Good luck in court.

Keep_pedalling

Maybe I am being a bit simple here, but if you need the higher bandwidth why not simply wait until it could be provided rather than cancel? If there is no alternative fibre supplier It would be the sensible thing to do. Even if there is going with them does not get you out of the existing contract.

Why insist on cancelling via the team delivering the service rather than the correct channel?

I can’t see you achieving anything going to court other that a lot of waisted time and money.

itcontracting

neilmcl said:

itcontracting said:

neilmcl said:

It seems the OP has far too much time on their hands at the moment. As @unholyangel as mentioned s34(2) only works if the the trader gives you the option of a cancellation form and you choose to use it. You didn't, instead you issued a cancellation via a random support ticket.

This was not a "random support ticket", but as I mentioned, the ticket the ISP created to create and track the contract.  As far as relates to your snide comment about having "too much time on [my] hands", I'm saddled with an 18 month 3-5 Mbps ADSL contract and am left with no other option but to go to court to have the "contract" voided. And I responded to @unholyangel regarding this issue.

Seems you have all the answers then. Good luck in court.

Thanks.  I'll report back as I feel this is an issue of broad interest with what worked and what didn't so others being bullied by large ISPs can push-back and defend their legal rights under consumer law

itcontracting

Keep_pedalling said:

Maybe I am being a bit simple here, but if you need the higher bandwidth why not simply wait until it could be provided rather than cancel? If there is no alternative fibre supplier It would be the sensible thing to do. Even if there is going with them does not get you out of the existing contract.

Why insist on cancelling via the team delivering the service rather than the correct channel?

I can’t see you achieving anything going to court other that a lot of waisted time and money.

Fair question.  It was really down to how they behaved when I raised the breach with them.  I'm a vendor and my attitude is "Customer is King/Queen".  Therefore I won't put up with nonsense from a vendor when I'm the paying customer. Given the contract was soon to expire, I felt: I'll just cancel, expire the current contract and leave- and I told them I was going to do that.  And the ISP decided I *WASN'T* going to leave. So there are also the related issue of intentionally stifling competition by preventing customers from using their competitors. They've admitted my treatment is consistent with their Policy, so I suspect I'm just one of a large number of this ISP's victims