topic Re: Is PN liable? in Plusnet Feedback

Is PN liable?

AlaricAdair — Wed, 30 Sep 2015 10:18:38 GMT

Under the Consumer Rights Act 2015 I wonder how PlusNet will be exposed when OpenReach fail to turn up for an appointment?

Re: Is PN liable?

jelv — Wed, 30 Sep 2015 11:05:15 GMT

I'd say this was relevant:

Quote
62 Requirement for contract terms and notices to be fair
(1) An unfair term of a consumer contract is not binding on the consumer.
(2) An unfair consumer notice is not binding on the consumer.
(3) This does not prevent the consumer from relying on the term or notice if the consumer chooses to do so.
(4) A term is unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties’ rights and obligations under the contract to the detriment of the consumer.

Imposing a £50 fee if you fail to be there for an engineer's appointment with no automatic compensation if the engineer does not keep the appointment is patently a significant imbalance!
I'd suggest this topic ought to be moved to feedback.

Re: Is PN liable?

AlaricAdair — Wed, 30 Sep 2015 12:21:31 GMT

Section 39 "Supply by transmission and facilities for continued transmission"
Could be a problem for PN if supplying TV to rural areas....
The following provisions apply to all digital content transmitted to the
consumer on each occasion under the facility, while it is provided under the
contract, as they apply to the digital content first supplied—
(a) section 34 (quality);
(b) section 35 (fitness for a particular purpose);
(c) section 36 (description).
or even this bit when someone is signing up for a service:
Section 50 Information about the trader or service to be binding
(1) Every contract to supply a service is to be treated as including as a term of the contract anything that is said or written to the consumer, by or on behalf of the trader, about the trader or the service, if—
(a) it is taken into account by the consumer when deciding to enter into the contract,
or
(b) it is taken into account by the consumer when making any decision about the service after entering into the contract.