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Goods, services and contracts.

Community Veteran
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Registered: 02-08-2007

Goods, services and contracts.

If you purchase goods from a shop and there is some problem with them you can return them to the shop for exchange or refund as your contract is with the shop and not the manufacturer.
So how can the following situation hypothetical situation be any different.
I agree to purchase broadband service from company X for a contracted period.
Company X fails to provide the service due to a fault that lies with Openreach.
My contract is with company X not Openreach so Company X  having failed to fulfil their part of the contract makes the contract null and void and no penalty charge can be made against me.
Company X will suffer a financial loss but it would be for them to take action against Openreach for breach of their contract.
I Must make it very clear that this is a hypothetical situation and has nothing to do with my own Broadband supplier PN who provide me with a good service, the question is raised as a result of an article in today's paper, the name of which will not be identified as every second post on these forums makes a reference to it.
8 REPLIES
Community Veteran
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Registered: 27-10-2012

Re: Goods, services and contracts.

Businesses are not as protected as consumers under the Sale of Goods & Services Act.
It depends on what the fault is and why Openreach has not fixed it. Businesses normally have an enhanced care so they get a priority on fixing faults.
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Re: Goods, services and contracts.

Quote from: gleneagles
the question is raised as a result of an article in today's paper, the name of which will not be identified as every second post on these forums makes a reference to it.
That isn't fair I had to look it up
Community Veteran
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Re: Goods, services and contracts.

@AndyH
As a private individual purchasing a service from Company X I cannot see what relevance the problem Openreach have to me as my contract is with Company X. ?
True Company X and openreach may not have the same protection as a private individual but that is an issue for them and not the private customer.
The issue is that a private individual entering into a fixed financial contract could end up getting fined if they wish to terminate the contract because the service advertised is not being provided.
Community Veteran
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Re: Goods, services and contracts.

Quote from: Oldjim
Quote from: gleneagles
the question is raised as a result of an article in today's paper, the name of which will not be identified as every second post on these forums makes a reference to it.
That isn't fair I had to look it up
OJ,
I Didn't think you read that type of newspaper.
Smiley
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Re: Goods, services and contracts.

Sorry, I've misread what you were saying - I thought you meant you were buying broadband as a business rather than a consumer.
Can we have the paper link?
It really depends on what the fault is and why it's not been fixed. There will be reasons outside of the control of Openreach - say a builder mistakenly digs through some telephone lines.
The contract between you and the ISP is not automatically null and void if there is a fault.
Community Veteran
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Re: Goods, services and contracts.

So that nobody else has to read the unnamed this is another source http://www.bbc.co.uk/news/business-28586673#
Community Veteran
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Re: Goods, services and contracts.

Here's the Citizen's Advice article - http://www.citizensadvice.org.uk/index/pressoffice/press_index/press_20140801.htm
The thing with actual faults/speed problems is that changing providers shouldn't really make a difference.
nanotm
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Re: Goods, services and contracts.

http://www.dailymail.co.uk/news/article-2712695/Customers-punished-arbitrary-fees-625-cancel-slow-br... and this is clearly the one refered to in the OP Smiley

the mail story is um slightly light on the details and rather heavy on the rhetoric its also not giving any advice, the bbc story is at least informative and uses a single case study and more importantly tells us the individual contacted the ombudsman and got a result Smiley
the problem is too many people don't understand that when a problem like this arises they should get in touch with the ombudsman first and groups like CAB only after if there were no help (because the delay in getting to the ombudsman can be rather expensive ....

as to the service not being provided, several years ago when a dual isdn line cost £124 a month and gave you a measly 64Kbps I signed up to a 2 year contract then got a month after the install got told I was moving to Germany and the end of the month, clearly outside the 14day cooling off period, I contacted BT and a month later when I moved they disconnected the lines and I incurred no charges because moving somewhere where I couldn't receive there service but would of continued with it if I could negated the contract cessation fee, a neighbour who was in the same boat got sent a bill for the full 2 year contract rental price because he didn't say "yes if I could keep the fantastic service I would do, but unfortunately I'm moving overseas", that minor oversight on his part was the difference between getting billed £5700.00 and not, yet the wording was even printed on the T & C's in the terminations section .......
similarly when I moved to my current address I ceased my old contract(s) for supply of services with zero charge as the new address "didn't exist" on the database(s) but I tacitly agreed to contact the various current contract holders for there services in the future (yes I lied like a cheap naffi watch) to get out of paying any fee's something that is clearly laid out in T &C 's and on the backs of the signature pages for the customer carbon of contract's (I always keep that sort of junk ) so I cant understand why apparently clever people need to consult the CAB to complain about a charge they should be getting ......
just because your paranoid doesn't mean they aren't out to get you