Have you actually read your broadband contract?

QrizB

IanMSpencer said:

Basically, they are saying that they are seeing that provider's contracts do appear to be unlawful, but the process to unravel these through the courts is too cumbersome.

That is not what they are saying. Read it again.

Para 4.13 says that inflation-linked price increases are not inherently unlawful. This is the diametric opposite of your claim.

Para 4.14 firstly says they don't know if they'd win a court case, then secondly says that even if they did win one case it wouldn't make all other cases also unlawful.

Para 4.15 concludes that pursuing this through the courts won't meet their objectives.

IamNotAllowedToUseMyName

QrizB said:

IanMSpencer said:

Basically, they are saying that they are seeing that provider's contracts do appear to be unlawful, but the process to unravel these through the courts is too cumbersome.

That is not what they are saying. Read it again.

Para 4.13 says that inflation-linked price increases are not inherently unlawful. This is the diametric opposite of your claim.

Para 4.14 firstly says they don't know if they'd win a court case, then secondly says that even if they did win one case it wouldn't make all other cases also unlawful.

Para 4.15 concludes that pursuing this through the courts won't meet their objectives.

4.13 is more subtle, it says they are not blacklisted, therefore not automatically unlawful. That still leaves the implication that they believe that many contracts are unbalanced. The clear implication of the wording taken as a whole is that they have seen examples that they believe are unlawful but the legal mechanism will not resolve it efficiently or effectively, as I said.

It still begs the question of that OFCOM are doing about the cases where they believe that contracts are unlawful under consumer law in their opinion, or sail too close to the wind to be satisfactory for a fair contract. Are they raising these issues formally or informally with the providers or just shrugging their shoulders? Are they complicit in bad practice, as per OFWAT which has tolerated behaviour reported to it which is clearly unlawful. I have reported unlawful unbalanced provisions in the Vodafone contract to OFCOM and not got any meaningful response - in part because they have a policy of not responding - so they cannot deny they aren't aware of unlawful provisions.