Commissioning delay compensation is only payable from the date of a CONFIRMED installation date. I’m guessing this is FTTP, which can be a multi stage installation for which there are slightly different engineer visit communications.
One uses the phrase “we aim to” which is connected with what could be a preliminary installation, not a committed date. Not being cognisant of that could lead to an expectation of a larger payout.
In addition to the clock stopping whilst waiting for PTWs there is a misconception amongst some in the business that delayed installation payments are capped at 60 days. For that to be applicable a cease compensation notice must have been issued. That cannot be done until after the 30th day of delay and must give 30 days notice of the intent to cap payment.
So for a 60 day payment limit, you would need to have received formal notice of the intention to cap.
The big issue with the PTW scam is that there is no way of knowing…
- When the PTW was raised - it’s one thing knowing it’s needed, it’s a different matter of knowing it’s been raised and then is waiting for approval
- Being confident it was raised correctly
- Being confident that the clock restarted when PTW was granted, not when BTOR got back on the case
I am of the opinion that the grounds for the clock stop for PTW are nefarious as the wording of that part of the Ofcom code of practice is woolly. It would though require a challenge to be raised with Ofcom. There are two key clauses, one states that delays from third parties does not preclude payments … whilst another states that avoiding doing something which would be illegal does stop the clock.
- Waiting for a PTW is a third party delay.
- Proceeding with works without a PTW would be illegal.
Not paying whilst waiting for PTW looks like sharp practice which removes the incentive to get the job done.
Superusers are not staff, but they do have a direct line of communication into the business in order to raise issues, concerns and feedback from the community.
