Ending BT broadband contract early due to mis-selling

vanbanger

I've used BT as my broadband supplier for many years.  In october this year they contacted me asking if I wanted to review my package.  I said "yes, it would be great if I could have a static IP address".  The salesperson told me I could have a cheaper package and it would have a static IP address.  I said great and signed the document she sent to me.

It turned out the new package does not have a static IP address and I would need to pay for a further upgrade for this.  I emailed the salesperson back and received no response.  I attempted to complain on the customer service helpline and was unable to get through to anyone who would do anything other than reiterate that my package does not include a static IP.

Then they sent me a bill for £58.18 which doesn't say what the bill is for, and threatens further charges if it is not paid.  This is strange since I can see on my bank statement that they are still taking regular payments.  I tried to ring them to query this and was unable to speak to anyone.

Therefore, I felt justified in changing supplier.  Yesterday I instructed my bank to cancel the direct debit, I found a new supplier and emailed BT explaining why I was doing so.  

BT have now emailed me saying that I will owe them £527.83 in charges for ending the contract early and a further £18 termination charge.

My feeling is that since they sold me the package dishonestly and have not responded to my attempts to communicate with them, I don't owe them anything.  I presume that if I simply don't pay, they will send me letters from time to time but will eventually give up.

My question is though, should they choose to take me to court over non-payment of their termination charge, would I have a leg to stand on?

Any advice much appreciated

saajan_12

So their breach was to provide you with either broadband for £X plus or broadband plus static IP for £X + £Y when you thought it should all be for £X? 

The meat of your contract is still being fulfilled, ie the broadband so you can't usually tear up a contract for a minor breach. You'd be required to mitigate your damages eg by arranging for the static IP some other way and charging them or by upgrading and claiming back the £Y upgrade charge. 

QrizB

vanbanger said:

I've used BT as my broadband supplier for many years.  In october this year they contacted me asking if I wanted to review my package.  I said "yes, it would be great if I could have a static IP address".  The salesperson told me I could have a cheaper package and it would have a static IP address.  I said great and signed the document she sent to me.

It turned out the new package does not have a static IP address ...

My question is though, should they choose to take me to court over non-payment of their termination charge, would I have a leg to stand on?

You'll need to file a complaint with BT first, preferably before you cancel your contract. BT should have the recording of the conversation that you had with their telesales drone where they promised you a static IP (I'm assuming that you don't have one yourself). That's going to be key to your claim.

Ayr_Rage

They could come after you for the outstanding charges.

As you have stopped your payment method they may also block any change of ISP until the debt is paid if you are ordering service over the same type of infrastructure.

Farway

Ayr_Rage said:

They could come after you for the outstanding charges.

As you have stopped your payment method they may also block any change of ISP until the debt is paid if you are ordering service over the same type of infrastructure.

The cancelled DD will also rubbish your credit report for non-payment, which may have far more consequences long term than you have now regarding any future credit you may want, like mobile phone, mortgage etc

iniltous

The answer to your question if they take you to court will you have a leg to stand on , the answer is No , however it unlikely ( as stated ) they would do that , they will simply mark you credit file as a non payer making other things like mortgages and loans harder to get and more expensive, and they will pass the debt onto a collection agency, that will add extra charges and hound you for payment…this is done without going to court 

M25

vanbanger said:

I've used BT as my broadband supplier for many years.  In october this year they contacted me asking if I wanted to review my package.  I said "yes, it would be great if I could have a static IP address".  The salesperson told me I could have a cheaper package and it would have a static IP address.  I said great and signed the document she sent to me.

It turned out the new package does not have a static IP address and I would need to pay for a further upgrade for this.  I emailed the salesperson back and received no response.  I attempted to complain on the customer service helpline and was unable to get through to anyone who would do anything other than reiterate that my package does not include a static IP.

Then they sent me a bill for £58.18 which doesn't say what the bill is for, and threatens further charges if it is not paid.  This is strange since I can see on my bank statement that they are still taking regular payments.  I tried to ring them to query this and was unable to speak to anyone.

Therefore, I felt justified in changing supplier.  Yesterday I instructed my bank to cancel the direct debit, I found a new supplier and emailed BT explaining why I was doing so.  

BT have now emailed me saying that I will owe them £527.83 in charges for ending the contract early and a further £18 termination charge.

My feeling is that since they sold me the package dishonestly and have not responded to my attempts to communicate with them, I don't owe them anything.  I presume that if I simply don't pay, they will send me letters from time to time but will eventually give up.

My question is though, should they choose to take me to court over non-payment of their termination charge, would I have a leg to stand on?

Any advice much appreciated

I don't think you did very much to help yourself and don't seem bothered. Yes, BT were in the wrong but they should have been given time to resolve the matter (your effort to inform them sounds like a tick box exercise). 

When did you notice you didn't have a fixed IP address? You should of had limited cancellation rights.

You've went with the nuclear option and it will destroy your credit score but that may not bother you either.

"I instructed my bank". Excuse us!

You should expect debt letters from all sorts of gnarly people for your indebtedness and a poor credit score for about 5 years or so.

iniltous

TBH , it doesn’t take very long at all to discover that BT residential broadband doesn’t have a static IP option, it’s only available from BT Business ( a two minute search will find that out ) , and I doubt a residential sales representative would knowingly state something they know to be wrong …..most residential customers will not know or care what the difference between dynamic IP and static IP is , I recon the OP simply has buyers remorse and looking for an excuse to exit their contract .

vanbanger

Hi everyone and thank you for the comments.  I've realised that I am going to have to stay with BT because it's the only sensible way of avoiding this huge early termination charge, and yes I do have extreme buyer's remorse. 

It turns out they didn't switch my account from 'home' to 'business' they just opened a new business account on top of the home account.  And apparently BT home and business are separate businesses and are unable to communicate with each other so I need to deal with both separately.  And I've been unable to connect to the web portal for the business account because I already have a home account, the whole thing is a nightmare I've just wasted about half a day on.  Ok I should've read the contract more thorougly in the first place but their customer service is abysmal it's like I'm trapped in a labyrinth.

Neil_Jones

vanbanger said:

Hi everyone and thank you for the comments.  I've realised that I am going to have to stay with BT because it's the only sensible way of avoiding this huge early termination charge, and yes I do have extreme buyer's remorse. 

It turns out they didn't switch my account from 'home' to 'business' they just opened a new business account on top of the home account.  And apparently BT home and business are separate businesses and are unable to communicate with each other so I need to deal with both separately.  And I've been unable to connect to the web portal for the business account because I already have a home account, the whole thing is a nightmare I've just wasted about half a day on.  Ok I should've read the contract more thorougly in the first place but their customer service is abysmal it's like I'm trapped in a labyrinth.

BT Home and BT Business have always been separate; one gets you dibs on fault repair and resolution, the other fobs you off to the back of the queue every time something more important comes along.  They will be two separate systems, this isn't unusual most providers.

Anyway other providers would have given you a static IP on a home package  Plusnet (owned by BT) as an example do offer them on residential packages and from what I can work out is £5 one-off fee, though its pot luck whether it appears on the Member Center or not - a phone call would get it added.

I feel you may have jumped before looking, as you could have been better off somewhere else rather than just responding to a "renew my package" notification.