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Breach of Contract

mrsdean
Newbie
Posts: 1
Registered: ‎11-06-2016

Breach of Contract

Further to the wealth of communications I have instigated since the 26th May when our services were due to be activated, I am completely and utterly exasperated (but not surprised) to advise you that we still have no Internet. If you can be bothered to listen to yesterday's telephone conversation with one of your representatives (who was useless, patronising and rude) we clearly stated that we knew that we would look this morning and be greeted by the same old flashing red light. 

This is completely unacceptable, even more so as the chain of events has been entirely caused by an error on Plusnet's part in allowing our line to be ceased.

Whilst we will be telephoning yet again when you finally open this morning, I am putting you on notice in writing that you ('Plusnet') are in breach of contract. Moreover, Plusnet's failure to perform it's obligations under the same amounts to a repudiatory breach of a condition of the contract under which I ('the Customer') am released from my obligations under the same. The time for Plusnet's performance of the contract has once again come and gone and I now intend to bring a claim against Plusnet for breach of contract and associated damages. 

Notwithstanding the above, and without prejudice to my right to treat the contract as terminated on the basis of breach of contract, I will allow Plusnet one final opportunity to perform the contract. As such, again without prejudice to the above, should full services be provided (telephone line and broadband), activated and in full working order by 18:00 today the 11th June 2016 I will take no further action in respect of Plusnet's breach of contract. I will, however, reserve my right to pursue Plusnet for damages in respect of this entire situation and the distress, inconvenience and frustration caused. 

I trust that my position is entirely clear and I reserve the right to refer to this correspondence should the need arise.
2 REPLIES
adagio
Grafter
Posts: 196
Registered: ‎03-04-2008

Re: Breach of Contract

If you are serious about bringing a claim in the courts then I would strongly advise sending the above as an old fashioned letter sent to the company secretary 1st class signed for.

 

Plusnet Officers

Andrue
Pro
Posts: 775
Thanks: 90
Fixes: 1
Registered: ‎12-01-2015

Re: Breach of Contract


mrsdean wrote:
I will, however, reserve my right to pursue Plusnet for damages in respect of this entire situation and the distress, inconvenience and frustration caused. 

If you're on a residential package there's no point in pursuing that. You won't get anything because it is almost be impossible to prove that there is a consequential loss due to an internet connection failure. Being unable to access Facebook or Netflix does not cost you money. Even if you paid to rent a DVD because you couldn't watch Netflix that's still discretionary so would be dismissed as being your choice. 'Inconvenience and frustration' aren't worth anything as far as a court is concerned.

And that's assuming that a court chose to ignore PN's T&Cs that specifically say they aren't responsible for losses arising from..blah, blah, blah.

 

Frankly I doubt you'd get anything even on a business package.

The most you would be awarded would be a refund for those days when you had no service.

 

 

I think your best bet is just to demand to be let out of your contract and go elsewhere. Except... Wherever you choose to go you'll be in the same position you are now. And anywhere else may charge you a connection fee whereas PN should at least get that sorted out for free.