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When does the 14 day cooling off period start?

Malcky
Grafter
Posts: 97
Thanks: 8
Registered: ‎01-08-2015

When does the 14 day cooling off period start?

Is it from when the phone line goes live or when the internet goes live?
My phone line is due to go live today (fibre should have been today too when I signed up) but the install date for fibre got changed and is now the 19th August, so I need to know for sure when my 14 days cooling starts....today (assuming the phone line does actually go live) or from the 19th?
Not had a good first impression with PN so far unfortunately.
9 REPLIES 9
Razorback
Grafter
Posts: 208
Registered: ‎08-08-2014

Re: When does the 14 day cooling off period start?

I think it starts from when you sign up not from when the service begins, so you have to cancel before anything goes live.
Malcky
Grafter
Posts: 97
Thanks: 8
Registered: ‎01-08-2015

Re: When does the 14 day cooling off period start?

I don't think that can be correct as its minimum 10 days to change provider to start with....I'd be past that already as ordered on the 27/7 and haven't had any service start yet.
Razorback
Grafter
Posts: 208
Registered: ‎08-08-2014

Re: When does the 14 day cooling off period start?

Unfortunately it is. Just checked my “Welcome to PlusNet” email and it was 14 days from the day after I placed the order. Sounds illogical I know.
 
Malcky
Grafter
Posts: 97
Thanks: 8
Registered: ‎01-08-2015

Re: When does the 14 day cooling off period start?

Oh crap...I've just read that on my confirmation email as well and it's just given me a horrible sick to my stomach feeling too.
That should be illegal seeing as it's a kind of pointless 14 day cancelation option for probably every single order placed.
Obviously this will be a mute issue if everything goes live and I get the suggested speeds or better.
thegame2k0
Grafter
Posts: 88
Registered: ‎26-05-2015

Re: When does the 14 day cooling off period start?

If your speeds aren't what was promised you can leave under new Ofcom rules.
Malcky
Grafter
Posts: 97
Thanks: 8
Registered: ‎01-08-2015

Re: When does the 14 day cooling off period start?

Oh I will have to look into that ofcom ruling....or if you have a quick link I can take a note of if I need it.
Anyone know how long you get with the ofcom rule to actually leave if necessary?
thegame2k0
Grafter
Posts: 88
Registered: ‎26-05-2015

Re: When does the 14 day cooling off period start?

HPsauce
Pro
Posts: 6,998
Thanks: 146
Fixes: 2
Registered: ‎02-02-2008

Re: When does the 14 day cooling off period start?

We need to be careful about confusing two different things.
A so-called "cooling-off period" is usually designed to give time for consideration after signing a contract, mainly to be able to get out of a contract that, on mature reflection, was not appropriate or where a sale was "pressured".
As such it's not really about the delivery of the goods and services, but about the terms and conditions agreed to initially.
If the contract is indeed appropriate, but the supplier fails to deliver in some way that is in reality a whole different area of consumer law.
So, the time to exercise such a clause bears no relation to the time to deliver.
An example would be double-glazing. You may for example have a 30-day "get-out" clause after signing up but it almost certainly won't be installed in that timescale.
Estragon
Rising Star
Posts: 811
Thanks: 10
Registered: ‎07-02-2012

Re: When does the 14 day cooling off period start?

The ten Working days is the time that the customer has available to change their mind, for any reason.

Quote
(rr) “Transfer Period” means a period of 10 Working Days before a Customer’s order can be activated
(uu) “Working Day” means the hours between 09.00 – 17.00 on Monday to Friday, with the exception of Bank Holidays.

So it's a fortnight.
Quote
Customer’s termination rights
22.5 When the Customer enters into a contract for the provision of Communications Services, the Gaining Provider must allow the Customer to terminate the contract from the point of sale to the completion of the Transfer Period without charge or any other form of compensation being required to be given by the Customer to the Gaining Provider.
22.6 The Gaining Provider must have procedures in place to enable the Customer to exercise their right to terminate their contract pursuant to Condition 22.5 without unreasonable effort.
...
22.10 When a Customer enters into a contract for the provision of Communications Services, the Gaining Provider must send that Customer a letter. The letter shall set out in clear and intelligible terms:
...
(e) a reasonable estimate of the Migration Date;
(f) the right of the Customer to terminate the contract as set out in Condition 22.5, the means by which the right to terminate can be exercised and the date by which the right to terminate must be exercised; and
(g) relevant contact details.