Unfair cancellation fees

iniltous

Thanks for the clarification ,
to torture your analogy further , when you renewed your contract , you say were guaranteed a minimum of 10 oranges ( even though in the preceding contract period they had not consistently delivered 10 oranges , but only 7 , and given the way minimum orange guarantees work they base the new prediction on what was actually delivered minus 10% , so if they delivered 7 oranges ,the guarantee would be 6.3 oranges not 10 ) so why would they guarantee a level of delivery they hadn’t previously achieved, anyway you accept a new delivery contract (we still don’t know what the minimum was )  ,  but on the available information it seems unlikely to be 10 oranges , but it is stated on your contract offer you obviously can look this up .

You complain to PN about poor delivery and Plusnet tweak something (even though this is something outside their control , Openorange deliver the oranges , and the number they deliver is based on physical limitations , how big the bag is ) , so it’s unclear how PN can affect this physical limit ,however  your orange delivery returns to an acceptable level ….so your complaint is apparently resolved the  supposed minimum is achieved.

You then have available a different orange delivery method so tell PN to stop delivering oranges even though they are now delivering the required amount.

If you had a guarantee of 10 orange being delivered ( this is shown on your contact offer  ) and  your orange delivery was consistently below this level and you advised them, and they somehow got your delivery to 10 , you have no case , they fixed the delivery problem, if they still delivered less than 10 oranges after you  advised them of their deficit and they never delivered 10 oranges, you have a case , but you said they fixed the delivery problem and started to deliver the guaranteed number so it’s difficult to see how you have a case , if they never delivered the guaranteed number after complaining that’s one thing , fixing the issue is another …that’s the basis of the guarantee, if your complaint is that for a long time after complaining that’s 10 oranges were not being delivered, then that the point you exercise your right to leave the contract, not renew then complain, and as stated why would they offer to renew on terms they know are unrealistic 

Don't misinterpret my contribution, I hope you can get a penalty free release, it’s just not clear you qualify for one , first and foremost your last contract offer stated the minimum…..if they (after complaining the minimum wasn’t being achieved) they failed to address the problem, you have a case , if they fix the problem, and it returns later …that unfortunately doesn’t mean you have a case unless they never fixed it again .

saajan_12

ebaydoubter said:

PN has provided me with 7 oranges.  I have reminded them on 17 occasions that they have promised a minimum of 10 oranges and each time they have either come up with the goods (achieved minimum speed or very slightly better)  or been unable to achieve it and made threatening noises about how they are perfectly prepared to cut me off and leave me without service.

Two weeks ago I decided enough was enough.  This was before I new about mobile wifi and 4G, I was thinking about the remote homeowners grant to get a dish put on the side of the house

So I rang PN to tell them that I no longer want their oranges.  They said lets have a fiddle with the line and hey presto 20 oranges.

So in the past they have done something to get it up to the minimum 10 oranges and then its dropped back down to 7 hence the repeated complaints? If so, maybe wait it out a while, they'll probably drop back down from 20 oranges to lower again. If it doesn't drop again then happy days! 

ebaydoubter said:

Now as the provision of oranges has been substandard, and the number of complaints numerous I think that it would be beneficial to all if we both cut our losses and agreed to separate amicably.

The £130 termination fee seems unnecessary

Thats your opinion but doesn't make it a legal one. Its not necessary to charge anything, but within their rights.