Internet disconnection fee?

DevonJedi

So with Mums passing I’ve changed the household internet provider from supanet (what mum had) to BT so that it’s all combined with the landline (and saving me money). 

(For the record mum was with supanet for about 20 years- so that was hugely outside contract) 

Supanet claimed that BT didn’t tell them that BT were now taking over my internet, and as a result want to charge me an extra disconnection fee of £35 to cancel my deceased mothers account with Supanet, because they have no record of the line going to someone else. 

BT explained that previously my old address had copper lines and now so that I can get thier internet they were installing a fibre optic line so they were not taking over the old copper line. Supanet have refused to accept this explanation and are still billing me for this so connection  fee. 

Now “a guy in town” tells me that this is straight up illegal, however I would be very grateful for more insight. 

user1977

Supanet's terms state "When you end the Service and do not request and use a Migration Authorisation Code (MAC) or another recognised transfer process to move to another service provider you will have to pay a Cease Charge" [and the Cease Charge is on their current price list as £35].

What does the "guy in town" think is "illegal" about it?

eskbanker

DevonJedi said:

Supanet claimed that BT didn’t tell them that BT were now taking over my internet, and as a result want to charge me an extra disconnection fee of £35 to cancel my deceased mothers account with Supanet, because they have no record of the line going to someone else. 

BT explained that previously my old address had copper lines and now so that I can get thier internet they were installing a fibre optic line so they were not taking over the old copper line. Supanet have refused to accept this explanation and are still billing me for this so connection  fee. 

If BT were installing a new line then I wouldn't have thought that this involves notifying the provider of the existing line, i.e. it would presumably be viable to have both in parallel?  Not saying you'd want to have both together, but can't see that there'd be any responsibility for BT to contact Supanet if they're not literally taking anything over as such, and therefore the latter still needs to be advised of the cancellation (and can levy whatever is specified in the contract terms)?

This might be more suited to the broadband board rather than generic consumer rights?

https://forums.moneysavingexpert.com/categories/broadband-internet-access

Jonboy_1984

Might be worth asking Supanet for the terms and conditions that applied when the contract was agreed rather than current version, just to check if the term existed at that point.

Was the account moved to your name or left in your mums?

DevonJedi

user1977 said:

Supanet's terms state "When you end the Service and do not request and use a Migration Authorisation Code (MAC) or another recognised transfer process to move to another service provider you will have to pay a Cease Charge" [and the Cease Charge is on their current price list as £35].

What does the "guy in town" think is "illegal" about it?

Simply that 1) it’s an account belonging to a deceased person being cancelled because they passed away and the heir (me) doesn’t want to make a new contract with them, and 2) that it’s so ridiculously far from contract. (Also that the fact the copper line is not being used by BT as it’s obsolete is the only reason for the new fibre optic line). I’m no expert in all this hence asking on here. 

DevonJedi

Jonboy_1984 said:

Might be worth asking Supanet for the terms and conditions that applied when the contract was agreed rather than current version, just to check if the term existed at that point.

Was the account moved to your name or left in your mums?

The account was in mums name- they said that for me to continue with using them they would need me to sign up to a new account with them, or they would close her account and charge me for the cancellation. 

user1977

DevonJedi said:

user1977 said:

Supanet's terms state "When you end the Service and do not request and use a Migration Authorisation Code (MAC) or another recognised transfer process to move to another service provider you will have to pay a Cease Charge" [and the Cease Charge is on their current price list as £35].

What does the "guy in town" think is "illegal" about it?

Simply that 1) it’s an account belonging to a deceased person being cancelled because they passed away and the heir (me) doesn’t want to make a new contract with them, and 2) that it’s so ridiculously far from contract. (Also that the fact the copper line is not being used by BT as it’s obsolete is the only reason for the new fibre optic line). I’m no expert in all this hence asking on here. 

Neither fact brings in any legal principles I can see which make the charge non-payable.

the_lunatic_is_in_my_head

DevonJedi said:

Jonboy_1984 said:

Might be worth asking Supanet for the terms and conditions that applied when the contract was agreed rather than current version, just to check if the term existed at that point.

Was the account moved to your name or left in your mums?

The account was in mums name- they said that for me to continue with using them they would need me to sign up to a new account with them, or they would close her account and charge me for the cancellation. 

Sorry to hear of your mum's passing  

I'm not sure how they would enforce a fee of £35, it's not enough to go to small claims for.

Would an outstanding bill affect the distribution of mum's estate? If not what can they do if you ignore them? 

born_again

Did you tell them that your mum had passed away? Or just simply go to BT to transfer the account?

PHK

My condolences on your loss.

I think if there is a charge it should go to your mum's estate.

I think you should check the Ofcom website or give them a call. I'm sure there's some regulations about handling situations when the subscriber sadly passes away.

user1977

DevonJedi said:

Jonboy_1984 said:

Might be worth asking Supanet for the terms and conditions that applied when the contract was agreed rather than current version, just to check if the term existed at that point.

Was the account moved to your name or left in your mums?

The account was in mums name- they said that for me to continue with using them they would need me to sign up to a new account with them, or they would close her account and charge me for the cancellation. 

Just to clarify, if anyone is charged for the cancellation it has to be mum's estate, they can't charge you personally for it (though might be academic if you've inherited everything).