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Cessation Charge: Terms and Conditions work only one way

cessationright
Newbie
Posts: 1
Registered: 24-06-2014

Cessation Charge: Terms and Conditions work only one way

I have been trying to get Plusnet support, (both phone and online tickets) to respect the following line in their Terms and Conditions.
Quote
If you choose to end your agreement for the service and you do not request and use a migration access code (MAC), or do not use another recognised migration process you will be subject to the broadband cease charge as shown in the price guide. You will not have to pay this charge if you are moving home and we are unable to provide the service at the new UK address.

I am unable to get the service at my current address, as my new landlord does not supply a land-line. Let dispite several calls and tickets, they will continue to charge me the cessation charge.
What other options are available to me to ensure that the terms and conditions are adhered to, in a fair and balanced manner?
7 REPLIES
Community Veteran
Posts: 3,386
Thanks: 6
Registered: 18-01-2013

Re: Cessation Charge: Terms and Conditions work only one way

The problem is that PN themselves are charged this by BT Wholesale for a cease and then pass this charge on to the customer Sad
I doubt they are making a whole lot of profit out of you over it.
I see what you mean about the clause though - will be an interesting one if the property doesn't have a line and you don't have the authorisation to request one.
pwatson
Rising Star
Posts: 2,468
Thanks: 8
Fixes: 1
Registered: 26-11-2012

Re: Cessation Charge: Terms and Conditions work only one way

There's a difference between PN being unable to supply a service and a customer being unable to have a line installed unfortunately.  This clause was written to cover the eventuality that PN cannot meet their contractual obligation due to the inability of BT Openreach to service a premise eg cabinet full, exchange not equipped, line too long etc.  Note that this clause is probably not invoked if you have FTTC but move to an area that only has ADSL.
Unfortunately you are in breach of
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You agree to follow any reasonable instructions that we may give you, and to allow us access to your premises if we need it.
You also agree to get any permission needed from someone else if we have to cross their land or put our equipment on their premises.


TORPC
Grafter
Posts: 5,163
Registered: 08-12-2013

Re: Cessation Charge: Terms and Conditions work only one way

What if the OP's landlord refuses access ?Huh
Superuser
Superuser
Posts: 12,609
Thanks: 3,882
Fixes: 25
Registered: 22-08-2007

Re: Cessation Charge: Terms and Conditions work only one way

You're splitting hairs!
PN can provide a service - the contract is between the subscriber and PN.  If the subscriber cannot facilitate access to provide service then PN are not in breach of contract.
Is there an undercurrent here that the landlord has not installed a line and is saying "If you want one put it in and pay the costs"  - but the OP does not want to pay either the cost of a new line provide... nor the cost of service termination... expecting someone else to pick up the tab for them?
TORPC
Grafter
Posts: 5,163
Registered: 08-12-2013

Re: Cessation Charge: Terms and Conditions work only one way

Neither the OP or PN is at fault on a non supply, by demand, as access etc is refused by landord
Therefore landlord should fit the bill IMHO
pwatson
Rising Star
Posts: 2,468
Thanks: 8
Fixes: 1
Registered: 26-11-2012

Re: Cessation Charge: Terms and Conditions work only one way

Quote from: TORPC
What if the OP's landlord refuses access ?Huh

As mentioned in my post, from the T&Cs
Quote
You also agree to get any permission needed from someone else if we have to cross their land or put our equipment on their premises.

Quote from: TORPC
Neither the OP or PN is at fault

The point is that it isn't PN's fault, therefore the clause doesn't apply...
Plusnet Alumni (retired) LinnPlusnet
Plusnet Alumni (retired)
Posts: 1,686
Registered: 03-02-2014

Re: Cessation Charge: Terms and Conditions work only one way

Hi cessationright,
Unfortunately the situation that you've outlined means that you would be liable to pay the cessation charge. The Support ticket has been returned to you explaining this further.