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Legal Advice on BBP update

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Legal Advice on BBP update

I took legal advice on the Broadband platform "update" today.

My solicitor is of the opinion that PlusNet are in breach of section 20.1 of their terms and conditions.
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"20.1 We may change this Contract, including our charges, at any time. We will give you at least 14 days notice of any changes before they take effect. As explained in paragraph 19, you can end this contract by giving us immediate notice in this 14 day period if we increase our charges or change the conditions of this Contract to your detriment. "

Although PlusNet gave 14 days notice as required by this clause, they did not emphasise that the sharing of platform capacity would have a clear detrimental effect relative to the current level of service. In fact, the email informing customers of change to their service was deliberately misleading and seems carefully worded, avoiding negatives:

"We will be making changes to our Broadband platform that will take effect in 14 days' time, at which point you will be sharing platform capacity with other Broadband customers who have similar usage patterns to you. We will, of course, ensure that your Broadband service is still provided well above the design advertised on the website."

It would be difficult for +net to contest this breach, since the full service change notification mail contains almost no quantative information that a customer could use to make an informed choice to give notice -It relies solely on a level of assumed knowledge.
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Regards,
Martin. (mgriffiths@ea.com)
26 REPLIES
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Legal Advice on BBP update

intresting.. so, will you be taking this matter further if your one of the 0.3%?
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Legal Advice on BBP update

i find this remark
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We will, of course, ensure that your Broadband service is still provided well above the design advertised on the website."
very interesting, I'm now on day 4 with a dialup speed broadband, I wonder what plusnet are doing to ensure I keep to ridiculous speeds. I shall raise a ticket when I return from work.
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Legal Advice on BBP update

It would of course be easy to find a solicitor with the opposite view - only judges can decide - both sides in court cases always have legal representation which think they are right. Smiley
Alecto
Grafter
Posts: 2,886
Registered: 30-07-2007

Legal Advice on BBP update

Not sure what you would hope to get out of going to law.

Even if your case were proven, there would sadly be no award of huge amounts of cash to punish Plusnet for being bad. You would at best get awarded a refund of your subscription for the number of days when the service was proven to be below that in your contract. - £5 or £10?

And if that's what you're after, then why not try the small claims court. Pn would probably pay up rather than bother contesting it. Or perhaps if you asked them nicely, they'd do the same.

If all you want is to stir Pn up and punish them with bad publcity and stuff, then I think you would suffer more with all the aggro than the company would.

The only people to benefit from the law are lawyers.
:roll:
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Legal Advice on BBP update

They didnt even give us 14 days notice.
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Legal Advice on BBP update

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They didnt even give us 14 days notice.


I believe that they did.

Either way, I'm in agreement with gpattison over the fact that ligation would likely lead nowhere except to line the pockets of the lawyers with more gold. The service *is* at or above the advertised contention level, and I imagine that contractually there was probably no obligation for +net to notify the users about this exercise at all.

Still, IANAL.
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Legal Advice on BBP update

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Not sure what you would hope to get out of going to law.
Satisfaction
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Legal Advice on BBP update

I fail to see where bad publicity would affect the individual more than Plus Net. A lot of the people getting 5kbs and lower speeds are buisiness/homeworker users and any legal action would probably be reported along the lines of `Plus Net puts small buisiness customers at risk`

I actually think the tabloids would have a field day. Especially with certain papers and there `rip off britain` campains.

However this action could be too time consuming and draining to anyone with a home account.
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Legal Advice on BBP update

How do you know?

PLusnet have giving BS

I am so sick and tired of this agroo by an uncaring and calus attitude from this company. I rely on my internet connection because I am disbaled and house bound, but so what if you dont care? how woudl you feel being stuck at home day, day in day out. Fantastic isnt it?

I pesent last night trying to breath it was a struglle because of the stress that this insues, but what if you care you probably dont giving a damn. As long as you are okay.

I tell you waht it woudl be a bad PR move on Plusnets behalf if I get any worse. I have mantained thsi to them that I rely and that I need my connection it is preety well useless. Excuse my rather bad attitude but I am so sick and tired of this now.

Right 1st mail of warning came @ 15/11/04 @ 17.55
warning of being ,moved @ 26/11/04

BBP on Monday daytime unsure of time.

I have made repeat phone calls raisded ticket to them monkeys and bascially they couldnt careless. I am sick of it
Alecto
Grafter
Posts: 2,886
Registered: 30-07-2007

Legal Advice on BBP update

Evilized, It's not the bad publicity that would affect the individual, but the emotional trauma of waging such a batle with Pn or with anyone else.

It's one thing threatening to do it, but quite another putting in the time, effort and emotional commitment.
You would be getting constantly frustrated and worked up about what is effectively already a dead issue, while Pn would just leave it to the lawyers who do that kind of thing every day of the week and don't personally give a toss.

Like in all TV dramas, the guy with the grudge ruins his life for "revenge" and in fact he's the only one to suffer. :roll:
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Legal Advice on BBP update

I agree and as I stated its probably too much for a home user, but where the service has detremental affect on a small buisiness especially where some are recieving a service below acceptable contention its a realistic option.
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Legal Advice on BBP update

Another victim of Britains growing compensation culture. Sad

I think the only real benefactor of this action is the solicitor whos probably laughing his ass off right now.

You keep up the good work griffster! :roll:
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Legal Advice on BBP update

I think it best just to leave put it down to bad experince and never have anything to do with this company again, thats what I am going to do.

I wish I never heard of Plsunet now. I am more than comtempt for them.

But hey dont belive me fanboys I am making all this up. NOT
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Legal Advice on BBP update

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I agree and as I stated its probably too much for a home user, but where the service has detremental affect on a small buisiness especially where some are recieving a service below acceptable contention its a realistic option.


The fact is though that it's at the advertised level of contention or above. If that is "unacceptable" then it is fair to say that the business should opt for more suitable service, such as a leased line, surely?

Oh well.