Cessation Charge when Migrating to talk talk

[#1]

Hi there,
I am moving out of my flat and the remaining tenants have decided to change to Talk Talk.  As the plusnet account is in my name, I went through the process of getting a MAC code and such.  However, Talk Talk is saying that they don't need the MAC code because of the LLU agreement they have with Plusnet.
BUT Plusnet is now saying they will charge me 30 for not using the MAC code (even tho we have begged Talk Talk to take it).  What is the deal with this?  They obviously didn't need the MAC code as the number is staying the same and our service will switch over uninterrupted.  We've been with plusnet for 5 years so no contract...it seems I should have just cancelled the account to save on paying the fee?
Does anyone know anything about this?? 

[#2]

unfortunately the rules are that the charge is added when moving to LLU as it required BT Openreach action in the exchange and they charge for it - this changed last year - probably in October http://www.plus.net/support/october-changes-guide.shtml

[#3]

Were customers notified of this change?  I don't recall being notified (but that doesn't mean I wasn't).

[#4]

I didn't think the Cessation charge applied if you EITHER used a Mac OR a recognised migration process where no Mac is required ( i.e to full LLU )

[#5]

That's what I always thought, hence the question about notification.

[#6]

This came up earlier http://community.plus.net/forum/index.php/topic,125232.msg1088219.html#msg1088219 and I questioned the answer but was assured it was correct
For information the old T&C can be seen here https://web.archive.org/web/20130909035333/https://www.plus.net/info2/legal/index.html and state

Quote

A broadband cease charge, as set out in the price guide, is payable if you cease your Plusnet service and do not request and use a migration access code (MAC), or another recognised transfer process to move to another service provider.

The latest version is http://www.plus.net/info2/legal/index.html which states

Quote

If you choose to end your agreement for the service and you do not use a recognised migration process you will be subject to the broadband cease charge as shown in the price guide.

I received an email on the 2nd August advising that the T&C etc would be changing on the 1st October 2013 which stated

Quote

We're also making some changes to our call charges. You can see the new prices, as well as more information about the other changes that may affect you here.

which stated

Quote

Cessation charge The broadband cessation charge increased from £25 to £30. The charge can apply to any customer who has a broadband cease placed on their line. Generally, the main reasons for broadband ceases are:    A broadband account is cancelled (without switching providers)    Switching providers without a MAC key    The telephone line used to provide broadband is cut off

Note that this is the same link I included in my original reply

[#7]

Here is the email I received on 22nd August 2013 regarding T&C changes, it does mention cessation price change but not when it is charged.
http://epidm.edgesuite.net/BTEM/0813/782206778_Plusnet_DC/OC01b/Plusnet_OC01b_Q2_13_Alt.html

[#8]

Look just above "Keeping in touch" and you will see the paragraph I quoted

[#9]

Discussion here:
http://forums.thinkbroadband.com/which_isp/f/4318983-migrating-from-plusnet-adsl-avoiding-cessation-...

Quote

In reference to www.plus.net/info2/legal/index.html:     Quote 18.A broadband cease charge, as set out in the price guide, is payable if you cease your Plusnet service and do not request and use a migration access code (MAC), OR another recognised transfer process to move to another service provider. A migration to Full LLU counts as a recognised transfer process.

[#10]

I'm with w23 here!, those T & C's are pretty clear. No Cessation charge is due if using a recognised migration process.
As to the email wording regarding cessation charge, it's not changed since 2010 and  Ben(Trimble) agreed it was wrong here http://community.plus.net/forum/index.php?topic=87191.0 and supposedly raised a problem to fix it.
His response was

Quote

The simple answer is - if you transfer your broadband to another provider that uses your telephone line, a cessation charge will not apply.

[#11]

@MisterW
My response that you're quoting is from 2010 and no longer applies.

[#12]

Ben, I appreciate that your response was back in 2010, but are you now saying that migration to full LLU ( e.g TalkTalk ) is NOT a recognised migration process ?

[#13]

That indeed would seem to be the case
http://consumers.ofcom.org.uk/codes-of-practice/migrations-authorisation-code-mac-broadband-migratio...

[#14]

Yes, I agree it's not a MAC based process BUT AFAIK it's still a 'recognised migration process' . As I understood it, the LLU provider arranges it directly with Openreach and any charges relating to the 'cease' are borne by the gaining provider.
Is that not the case anymore ?

[#15]

We recently made a change to charge customers for migrations out to full LLU providers to bring our charging mechanisms in line with BTW / BTOR. However, this has recently been stopped - apparently due to lack of adequate communication and concerns over what information is presented to customers on the website to ensure that they are aware of this.
The decision as to whether or not to continue this charging sits with a colleague and I would expect that some time will now be required to review the issues noted, define and implement the right charging policy.