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Breach of contract

N/A

Breach of contract

I wish to leave plusnet, but at the moment im told i need to pony up £120 to leave.

Normally i wouldnt have an issue with this, however i believe plusnet have broken the contract i agreed to when i first signed up.

1. i signed up to an unrestricted service. I know plusnet wish to forget such a thing but at one time there were NO caps and NO traffic managment.

2. binarynews groups have been removed.

3. maxdsl. what a joke. not a breach of contract this one i know but what a mess and it just shows what kind of direction this company is headed.

I have submitted my request for a mac code on a ticket and was told i need to pay the outstanding charges on my account. which i dont believe i should have to pay. Im not recieving the service that i signed up for.

Sadly i think im going to have to take this up with ispa.

Has anybody else been able to leave without having to pay up on the rest of there contract ?
22 REPLIES
N/A

Breach of contract

Binary groups was one of the reasons i signed up and I think if thats one of the main reasons you want to leave, I think they should waive any contracts apart from any deferred fees
jagger
Grafter
Posts: 411
Registered: 25-06-2007

Re: Breach of contract

Quote


1. i signed up to an unrestricted service. I know plusnet wish to forget such a thing but at one time there were NO caps and NO traffic managment.


Wrong,wrong and wrong.It is a very long time since Plusnet advertised as "unlimited".There were always caps,they just didn't exactly mention it publicly.You won't get far bleating about it either.Many have tried and been shot down in flames previous to your post.

Of course,you are entitled to take them to court and prove your point,but it will cost you a heck of a lot more than 120 squid to do it.We'd all be delighted to know the outcome of the action though.............


Quote
2. binarynews groups have been removed.


Yup,they have.

Quote
3. maxdsl. what a joke. not a breach of contract this one i know but what a mess and it just shows what kind of direction this company is headed.

I have submitted my request for a mac code on a ticket and was told i need to pay the outstanding charges on my account. which i dont believe i should have to pay. Im not recieving the service that i signed up for.

Sadly i think im going to have to take this up with ispa.

Has anybody else been able to leave without having to pay up on the rest of there contract ?


Obviously you signed up for the "free" connection offer which, in fact,was a "deferred payment" scheme.And the answer is no.

Bad luck.Just do what the rest of are doing.Wait for the MaxDSL rubbish to settle down and then find a new ISP that fits your needs.Choose wisely......,as the old film saying goes.
Community Veteran
Posts: 26,338
Thanks: 595
Fixes: 8
Registered: 10-04-2007

Breach of contract

Binary newsgroups.

You have 14 days after a change to object. Binaries were removed more than 14 days ago so you can't use that one.
jelv (a.k.a Spoon Whittler)
   Why I have left Plusnet (warning: long post!)   
Broadband: Andrews & Arnold Home::1 (FTTC 80/20)
Line rental: Pulse 8 Home Line Rental (£13/month)
Mobile: iD mobile (£4/month)
N/A

Breach of contract

I didnt say unlimited i said unrestricted. there is a difference.

And the serivce i signed upto was advertised with no limits simple as.
jagger
Grafter
Posts: 411
Registered: 25-06-2007

Breach of contract

.
Quote
And the serivce i signed upto was advertised with no limits simple as.


Only in your head I'm afraid.Unless you have documentary evidence of course.............

Honest,just let it go man,Pussnet ain't worth the grief.
N/A

only in my head ?

No call for that.

Can you not have a discussion without personal attacks ?

I know full well what i signed upto and it sure as hell wasnt a restricted 15gb a month capped product. and im sure im not the only one.

I have found old copies of plusnet's product pages which clearly state no download limits.

http://web.archive.org/web/20060421041241/http://www.plus.net/go.html/PR0306_HomeBroadband

for some reason all the 2005 entries in the archive apear to be broken. link above is to novermber 30 2004. Im gonna try and find out what happened to the 05 pages.
jagger
Grafter
Posts: 411
Registered: 25-06-2007

Breach of contract

Apologies Anthony.That wasn't meant as a personal attack.

It was meant to point out that nobody has managed to get a solution from Plusnet for your problem although many felt that they were in the right, as you do.
No one has been able to produce documentary evidence that would hold water in a court case about "unlimited" or "unrestricted" use or the lack of.
And Plusnet will simply say that they have changed the "terms & conditions" in the way that they are fully allowed to by law.

What I really meant to say was,forget it.Get it out of your head.It's a no-go area for us plebs.The only way to sort it out is to go elsewhere after coughing up for the "deferred activation fee" (which caught an awful lot of people out by the way,and made them as angry as you)

I only say this as one (long time user,FUP,SUP,30Gb,20GB,15Gb,10Gb+another 5 if you're lucky) who has recently experienced the dreadful state of Plusnet first hand,and I got truly wound up about it,even though I could do nothing to improve the situation.

They will not be listening to you .And all the rest of us can do is watch on with sympathy.Sorry.
N/A

Breach of contract

Its also says in the terms and conditions that plusnet can change the terms of that contract but you cannot.

This makes the contract unfair in an English Court of Law and means you can argue it, not that you will win on just that.
jabb0
Grafter
Posts: 716
Registered: 18-09-2007

Breach of contract

the 14day get out of jail free card maybe givin out again shortly.
I am only speculating here, i have no idea - but you may want to watch this topic to see if ya get one.

Saving you time and hassle with courts and the like.
N/A

Re: Breach of contract

Quote
Quote


1. i signed up to an unrestricted service. I know plusnet wish to forget such a thing but at one time there were NO caps and NO traffic managment.


Wrong,wrong and wrong.It is a very long time since Plusnet advertised as "unlimited".


Where did he say "unlimited"? He said unrestricted.

Also, it'd be worth noting that whilst PlusNet may not have "advertised" the products as "unlimited" I believe around the time anthony748 must have signed up, it was in the following months after the FUP had been scrapped (almost at launch) and the following claim was made by PlusNet:

- What happens to my account?
1. We will improve the contention level that you registered for, from 50:1 to 30:1. By managing broadband through contention, we can continue to provide you with an enjoyable Internet experience without introducing fair usage guidelines.

2. You will continue to pay the same each month for an up-to 2Mb broadband service, but no longer have any need to actively monitor the amount of data you are downloading.



It's easy to see why many looking at the packages around that time, considered it to be a package without any real limitations isn't it? They'd done away with limits (such as 30GB peak time) and told you that there was no longer any need to monitor the amount you are downloading...

Of course though, in August/September 2005 the new T&C's were agreed to, which introduced those restricted aspects of the service, and anthony748 would have agreed to those.

And for another point - about leaving because of the withdrawl of Binary newsgroups. I believe this was agreed in principal on these very forums by some PN reps when it was being talked about, and they said they'd waive any outstanding months worth of contract (but not deferred fees) if someone wished to leave due to the removal of that aspect of the service.
N/A

Breach of contract

It says there are "no fixed download limits".

Which means that may be variable limits that can be changed from time to time. But no fixed ones Smiley
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Breach of contract

PN did offer uncapped accounts. I signed up for the 512 premier after checking the site and phoning to confirm that there would be no capping whatsoever. I even told them about my high p2p usage (100GB+) at the time.

As for needing documentary evidence, courts allow witnesses. I think there's enough witnesses who can state that PN did offer uncapped connections.

This is all beside the point however, as since your signup there have been many changes to the T&C of which you would have been notified, as well as the changes to capping. I believe they offered people the chance to leave when they first brought in capping, so if you stayed you should pay for what you've used, especially if you took the easy pay option with the "free" hardware and connection. Even if there was a breach of contract a judge would be unlikely to clear all of your debt to PN.
jagger
Grafter
Posts: 411
Registered: 25-06-2007

Breach of contract

ukdsl said.

Quote
Where did he say "unlimited"? He said unrestricted.


Ok then.As this appears to be a big deal,please explain to us the difference between "unlimited" and "unrestricted" in this context.:?:


Still, the basic fact is that if one doesn't like what one is getting then one is entitled to seek release from one's contract and get provisioned elsewhere.Bellyaching,nitpicking and ranting about it won't change that.Nor will nostalgia for the good ol' days.

Face it,broadband provisioning in this country is a joke,and despite the advertising copy that we all swallow whole,it will continue to be for the forseeable future.It ain't just Plusnet,it's the entire industry.
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Breach of contract

Quote
Posted: 09 Mar 2002 10:20 am Post subject: RE: Self install, networking & bandwidth
Hi John,

Yes you are correct, we do not have a bandwidth limit on your ADSL access.

Kind regards

--
| K**** R**** ............... Unmetered & ADSL solutions
| Customer Support .................. for Home & Business
| PlusNet Technologies Ltd. ....... @ http://www.plus.net
+ ----- My Referrals - It pays to recommend PlusNet -----


PN were happy to give all that you wanted at one time.......

Bish