BT not delivering stayfast guarantee speed 23 November 2022 at 7:49PM edited 15 December 2022 at 12:34PM in Consumer rights 27 replies 675 views

Diver22

I’m posting this to see what others might think.

I recently moved home and as I already had a BT broadband contract imported it with me. In making the arrangements BT told me, and sent me a contract to the effect, that the estimated speed at my new property would be 29-36 Mbps with a ‘stayfast guarantee of 25 Mbps. However, the actual speed I get is 20 Mbps, sometimes a couple of Mb less. I’ve had the Openreach engineer who has checked everything at the cabinet (it is FTTC), at the pole, at at my house, and found no faults. He told me the problem is that I am situated 500 metres from the cabinet and  from there to my house is copper wire.His measured max speed was also 20 Mbps. 

So I have a contract which I think was missold, and where BT is in breach of its guaranteed minimum speed and its estimated speeds. However there is no other provider of a network where I live so even if I left BT I can’t get any faster speeds from any other provider. I’m inclined to take the issue up with BT as a breach of contract issue, and to argue for specific performance ie that BT does what it takes to give me what it contracted to give me and what I have paid for. BT say on their website that where minimum granted speed isn’t delivered they award £20 compensation, but that feels risible to me over the term of the contract, when they are delivering only 80% of the guaranteed speed but want 100% of the contract price (less £20).

Has anyone else been in this situation where you have argued for specific performance of the contract and succeeded? Or argued for a reduction in price commensurate with proportion of speed not delivered?

Have others got any useful observations on how to approach this?

Diver22

I’m posting this to see what others might think.

I recently moved home and as I already had a BT broadband contract imported it with me. In making the arrangements BT told me, and sent me a contract to the effect, that the estimated speed at my new property would be 29-36 Mbps with a ‘stayfast guarantee of 25 Mbps. However, the actual speed I get is 20 Mbps, sometimes a couple of Mb less. I’ve had the Openreach engineer who has checked everything at the cabinet (it is FTTC), at the pole, at at my house, and found no faults. He told me the problem is that I am situated 500 metres from the cabinet and  from there to my house is copper wire.Hismeasured max speed was also 20 Mbps. 

So I have a contract which I think was missold, and where BT is in breach of its guaranteed minimum speed and its estimated speeds. However there is no other provider of a network where I live so even if I left BT I can’t get any faster speeds from any other provider. I’m inclined to take the issue up with BT as a breach of contract issue, and to argue for specific performance ie that BT does what it takes to give me what it contracted to give me and what I have paid for. BT say on their website that where minimum granted speed isn’t delivered they award £20 compensation, but that feels risible to me over the term of the contract, when they are delivering only 80% of the guaranteed speed but want 100% of the contract price (less £20).

Has anyone else been in this situation where you have argued for specific performance of the contract and succeeded? Or argued for a reduction in price commensurate with proportion of speed not delivered?

Have others got any useful observations on how to approach this?

MorningcoffeeIV

You'd be able to back out of the contract, but you can't make them give you something they can't give you.

It's not really anything to do with your credit file, so better to post on the broadband board.

Flight3287462

Why do you need more than 20Mbps, that is adequate for most things.

What resolution are you expecting?  

What will you do if BT compensate you and cancel the contract, which from what you say they can't fulfill?

razord

You're entitled to everything the terms you agreed to say.

That is £20, and the option to leave your contract penalty free - if you've followed the process correctly. But the bottom line is, BT aren't going to be able to improve your line until FTTP is available to you.

https://www.bt.com/help/broadband/what-is-bt-s-stay-fast-guarantee-

tacpot12

You are protected from unfair terms. You might try arguing that limiting the compensation to £20 is unfair, but you accepted the deal on that basis, so I'm not sure you will get very far. 

If you have home insurance, check to see if you have legal expenses cover. If you do, talk to the  legal helpline provided by your insurer. They will confirm if there is any hope of suing BT successfully.  

400ixl

BT are reliant on Openreach for the infrastructure which by the sounds of it is the limitation. It isn't by the sounds of it a backbone bandwidth issue.

The OFCOM minimum speed guarantee which BT have signed up to is at https://www.ofcom.org.uk/phones-telecoms-and-internet/advice-for-consumers/advice/broadband-speeds-code-practice. It says:

If you think your broadband is slower than it should be, contact your provider to diagnose the problem. If the problem lies within their network, and they can’t fix it within 30 days, they must offer you the right to exit your contract without being penalised.

So, you can get out of the contract with BT as they aren't meeting that minimum speed, but can't force them to meet that minimum speed. Exiting won't do you much good speed wise unless you can get an alternative to Openreach such a Virgin as any other ISP on Openreach will provide the same speed.

Monthly cost is likely to be your best leverage, either getting BT price down, or find another cheaper supplier.

Ath_Wat

400ixl said:

BT are reliant on Openreach for the infrastructure which by the sounds of it is the limitation. It isn't by the sounds of it a backbone bandwidth issue.

The OFCOM minimum speed guarantee which BT have signed up to is at https://www.ofcom.org.uk/phones-telecoms-and-internet/advice-for-consumers/advice/broadband-speeds-code-practice. It says:

If you think your broadband is slower than it should be, contact your provider to diagnose the problem. If the problem lies within their network, and they can’t fix it within 30 days, they must offer you the right to exit your contract without being penalised.

So, you can get out of the contract with BT as they aren't meeting that minimum speed, but can't force them to meet that minimum speed. Exiting won't do you much good speed wise unless you can get an alternative to Openreach such a Virgin as any other ISP on Openreach will provide the same speed.

Monthly cost is likely to be your best leverage, either getting BT price down, or find another cheaper supplier.

There's going to be no difference in price between a  BT contract offering 30MB and one offering 20.  They are both at the bottom end of the scale.  The OPs only cause for complaint is that he might have gone elsewhere if they had said it would only be 20 and allowing them to cancel the contract removes that issue.

Farfetch1

You can break the contract.

Whoever you sign up with next will use the same lines and you'll get the same speeds.

400ixl

Ath_Wat said:

There's going to be no difference in price between a  BT contract offering 30MB and one offering 20.  They are both at the bottom end of the scale.  The OPs only cause for complaint is that he might have gone elsewhere if they had said it would only be 20 and allowing them to cancel the contract removes that issue.

Obviously on a new contract, but we are talking about an active contract and negotiating a discount rather than a cancelation which is not unheard of with BT.

littleboo

"I’m inclined to take the issue up with BT as a breach of contract issue, and to argue for specific performance ie that BT does what it takes to give me what it contracted to give me and what I have paid for."

Not going to happen. The cost would be many thousands of pounds and is completely disproportionate. The contractual option, as already highlighted is to leave the contracts penalty free. There is no linear relationship between speed and retail cost, but you might get a goodwill reduction if you stay.