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Is there a lawyer out there?

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Is there a lawyer out there?

Surely amongst all the plusnet members one of you has to be a specialist in consumer law?

Six months ago I bought an upgrade to 2MB and to start with connection speed was fine however once PN started to give everyone a free upgrade to 2Mb my speed slowed down to 450kbps to 950kbps.

Not happy with this I raised a ticket and posted quite a few items on the various forums - in a nut shell I'm being told that I do have slow speeds (all the tests prove it) but not slow enough for BT to do something about it. (by the way have you noticed how many other postings there are about speed issues nowadays)

Now this is where I need legal advice - if I recall, under the Sale of Goods Act everyone has a right to expect that whatever they buy to be "fit for the purpose for which they bought it". Now if I've bought a 2MB connection and most of the time I'm only getting 500kbps + then surely that's breaking the Act?

Some of the more observant of you will have noticed that PN are now using the term "up to 2MB" and perhaps this is their way of avoiding speed issue complaints like mine - however by doing this surely they are breaking the Trades Descriptions Act (maybe) as these speeds only seem achievable at the dead of night when most people are asleep.

Any thoughts?
9 REPLIES
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Is there a lawyer out there?

just quickly off the top of my head, the package is UP TO 2mb.
meaning theyre not actually breaking any rules here.

maybe ur exchange is borked?
N/A

Is there a lawyer out there?

Two or three points ... not nice ones but unfortunatly they're the ones we're stuck with....

1) The speed for the package is *upto* 2mb - but as your on 2mb thats not an issue...

2) The speed is subject to a 50:1 contention ratio on the BT exchange (Forget the 30:1 - the one that matters is the BT one for this) - now more users are using faster pipes the connention on the network is going up.

3) BT set the acceptable speed limits not PN.

4) Lines can degrade but until they degrade below BT's limits they'll done sweet FA...

So while I sympathise with your problem I don't think PN are breaking any rules and unfortunatly with the speeds inside BT's limits BT aren't breaking any either. Sad
Community Veteran
Posts: 4,729
Registered: 04-04-2007

Is there a lawyer out there?

I am sure that your post was aimed at Plus.Net support to show your frustration rather than find a lawyer.

If you are looking for advice then uk.legal.moderated on usenet would be a good starting point.

However as the others have said, Plus.Net now sell there products as upto 2Mb, which is a great get out for them. Personally I am only able to gat a 1Mb connection :-(

There does seam to be a disregard for consumer law within the industry generally.

Chilly
mssystems
Rising Star
Posts: 269
Thanks: 33
Fixes: 1
Registered: 10-08-2007

Is there a lawyer out there?

Quote
a right to expect that whatever they buy to be "fit for the purpose for which they bought it". Now if I've bought a 2MB connection and most of the time I'm only getting 500kbps + then surely that's breaking the Act?
IANAL This advice is worth what you are paying for it, but it is not quite that simple, otherwise I could complain that my Astravan does not always return 42.7 on the urban cycle.

Now if you asked PN, I need a connection which can download at 2Mbps reliably and they sold you an ADSL product, you would have cause for complaint. If they say 'it may download at 2Mbps reliably' you would not as they are not claiming it will. If they said you need a 2Mbps leased line, and you bought an ADSL product, similarly you would not have a valid complaint as it is your choice to buy the unsuitable product.

Ultimately consumer law decisions are made by a judge and as they appear to have little understanding of IT. Generally suppliers have carte blanche to walk all over their customers trusting the judge will have no idea - this is good as I can come along offering a fair service in competition.
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Is there a lawyer out there?

Why not give Trading Standards a call and put the case and ask them their view?
Community Veteran
Posts: 4,729
Registered: 04-04-2007

Is there a lawyer out there?

In by personal experience of Trading Standards the words damp squid come to mind.

Chilly
worm
Grafter
Posts: 51
Registered: 03-08-2007

Is there a lawyer out there?

shirley you mean squib?

Wink
Community Veteran
Posts: 6,983
Thanks: 8
Registered: 10-04-2007

Is there a lawyer out there?

N/A

Is there a lawyer out there?

Quote
In by personal experience of Trading Standards the words damp squid come to mind.

Chilly


....aahhh you've had a better experience than me then Smiley

(is that Chilly a.k.a. Shirley? Tongue )