Cooling off period foul play? - Utilities Warehouse broadband

Rgee

Dear all,

I'd be grateful for educated and legal views on the validity/fairness/spirit of the cooling-off period supposedly offered by Utilities Warehouse for our 'broadband' service.

We have just moved house and so needed to organise a broadband service.

We chose Utilities Warehouse and ordered the service on the 8th Sep 21.

We received a letter from them where they said: 'please allow 10-15 days for broadband to be connected on your telephone line.'
It also said that: 'If you have any questions about Home Phone, Broadband or if you've changed your mind , you can cancel without penalty within 14 days of ordering this service.'

Then later we received confirmation that our broadband service would be connected on the 22nd Sep 21.   (Which is exactly 14 days since the service was requested.)

The broadband service was connected and only had a download speed of 0.5 Mbps at best - and sometimes completely non-existent.  This was well below their promised rate (which was still low by national standards.)  After several days of trying to get the problem resolved without any success, we decided to terminate our contract with them and to order a service from a different supplier with a better guaranteed speed and that was cheaper.

We believed that we had 30 days of cool-off period, but were told that this is only for Utilities Warehouse 'double gold' customers - which we were not. We were told that our cooling-off period had finished and that we would have to pay a cancellation fee and, ironically, a disconnection fee!

I have to admit that it was only after we decided that Utilities Warehouse were unlikely to be able to provide their promised low speed and as they showed very little interest in solving the problem, and that there were much better deals available, that I looked more closely into the termination terms.

I had thought that the cooling-off period would/should be from when they provided the service, but apparently they take it from the service being ordered.

Is it right and fair that the 'cooling-off period' can finish before you even get to experience the service that you have requested?  I noticed that our service connection was exactly 14 days after we ordered it.  Is it possible the Utilities Warehouse organise this on purpose so that nobody gets to experience the service before the cooling-off period finishes?

   
 

ItsComingRome

Rgee said:

Dear all,

I'd be grateful for educated and legal views on the validity/fairness/spirit of the cooling-off period supposedly offered by Utilities Warehouse for our 'broadband' service.

We have just moved house and so needed to organise a broadband service.

We chose Utilities Warehouse and ordered the service on the 8th Sep 21.

We received a letter from them where they said: 'please allow 10-15 days for broadband to be connected on your telephone line.'
It also said that: 'If you have any questions about Home Phone, Broadband or if you've changed your mind , you can cancel without penalty within 14 days of ordering this service.'

Then later we received confirmation that our broadband service would be connected on the 22nd Sep 21.   (Which is exactly 14 days since the service was requested.)

The broadband service was connected and only had a download speed of 0.5 Mbps at best - and sometimes completely non-existent.  This was well below their promised rate (which was still low by national standards.)  After several days of trying to get the problem resolved without any success, we decided to terminate our contract with them and to order a service from a different supplier with a better guaranteed speed and that was cheaper.

We believed that we had 30 days of cool-off period, but were told that this is only for Utilities Warehouse 'double gold' customers - which we were not. We were told that our cooling-off period had finished and that we would have to pay a cancellation fee and, ironically, a disconnection fee!

I have to admit that it was only after we decided that Utilities Warehouse were unlikely to be able to provide their promised low speed and as they showed very little interest in solving the problem, and that there were much better deals available, that I looked more closely into the termination terms.

I had thought that the cooling-off period would/should be from when they provided the service, but apparently they take it from the service being ordered.

Is it right and fair that the 'cooling-off period' can finish before you even get to experience the service that you have requested?  I noticed that our service connection was exactly 14 days after we ordered it.  Is it possible the Utilities Warehouse organise this on purpose so that nobody gets to experience the service before the cooling-off period finishes?

   
 

Yes, this is correct. In fact, the law states that traders should not commence the supply of the service until after the cooling-off period has expired except when the consumer has expressly requested earlier commencement.

https://www.legislation.gov.uk/uksi/2013/3134/regulation/36/made

Rgee

Thank you 'ItsComingRome'.  I guess my understanding of the concept of a cooling-off period is wrong.  I would have thought that the 'thing' would only be hot once you had it...not once you ordered it.

ItsComingRome

Rgee said:

Thank you 'ItsComingRome'.  I guess my understanding of the concept of a cooling-off period is wrong.  I would have thought that the 'thing' would only be hot once you had it...not once you ordered it.

It's a cooling-off period (cancellation period) from the contract, not the service.

user1977

Rgee said:

I guess my understanding of the concept of a cooling-off period is wrong.  I would have thought that the 'thing' would only be hot once you had it...not once you ordered it.

It's the cooling of your hot-headed decision to sign up to the contract.

the_lunatic_is_in_my_head

You can see why the OP thought they had 30 days. 

0.5mps is well below their speeds of 35 (assuming it's fibre), I don't see how they can advertise speeds like this and then hold you to the contract. 

 

ItsComingRome

the_lunatic_is_in_my_head said:

You can see why the OP thought they had 30 days. 

0.5mps is well below their speeds of 35 (assuming it's fibre), I don't see how they can advertise speeds like this and then hold you to the contract. 

 

They offer non-fibre packages too, which is more than likely what the OP got.

Keep_pedalling

the_lunatic_is_in_my_head said:

You can see why the OP thought they had 30 days. 

0.5mps is well below their speeds of 35 (assuming it's fibre), I don't see how they can advertise speeds like this and then hold you to the contract. 

 

The OP said it was via a land line so it will be their standard service.

https://s3-eu-west-1.amazonaws.com/pdf.utilitywarehouse.co.uk/sept2021-residentialchargesbooklet-rgb-v4.pdf

the_lunatic_is_in_my_head

0.5 is still way off 11 stated for their standard package. 

There is a right to decent and affordable broadband where you can request an upgrade to the network from BT (or someone else if in Hull).

OP they have a complaints procedure

https://uw.co.uk/help/making-a-complaint/customer-complaints-code

which is worth following and it's worth looking at BT if you don't have fibre:

https://www.bt.com/broadband/USO 

ItsComingRome

the_lunatic_is_in_my_head said:

0.5 is still way off 11 stated for their standard package. 

There is a right to decent and affordable broadband where you can request an upgrade to the network from BT (or someone else if in Hull).

OP they have a complaints procedure

https://uw.co.uk/help/making-a-complaint/customer-complaints-code

which is worth following and it's worth looking at BT if you don't have fibre:

https://www.bt.com/broadband/USO 

11mbits in the UK average.

There are plenty of people struggling to get 1mbit, dependent on line quality and their distance from the exchange.

Seems a bit late to complain now. OP has requested a cease and has ordered with another supplier (which I suspect is going to cause them no end of problems but hey ho...)

Ectophile

You don't get a 14 day try-before-you-buy on services.  Otherwise people would use it as a loophole to get services for free.

If Utilities Warehouse aren't giving you at least the minimum speed they promised at the time you signed up, then you should be hassling them to fix it.  If they cannot provide that minimum speed, then they must let you leave without penalty.  But you are supposed to give them an opportunity to fix it first.