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No automatic protection in Consumer Law

regretplusnet
Dabbler
Posts: 16
Thanks: 1
Registered: ‎09-03-2016

No automatic protection in Consumer Law

Whoever drafted the following (capitals mine) had little or no understanding of ISP contracts.  I give up!  It almost encourages unscrupulous ISPs to trap consumers into contracts.  Please read it carefully:
'The Consumer Contracts Regulations - which came into force on 13 June 2014 and implement the Consumer Rights Directive - give you rights when shopping online, so you’re covered if things go wrong.
Cancelling services.  Your right to cancel.  You have 14 days from entering into a service contract in which you can cancel it.
The trader SHOULD NOT start providing the service before the 14 day cancellation period has ended, UNLESS YOU HAVE REQUESTED THIS.
If you request a service starts straightaway.  In this instance you will still have the right to cancel, but you must pay for the value of the service that is provided up to the point you cancel.
Always check the t&cs. 14 days is the minimum cancellation period that consumers must be given and MANY SELLERS CHOOSE TO EXCEED THIS, so always check the terms and conditions in case you have longer to change your mind.'
7 REPLIES
Empirical
Grafter
Posts: 54
Registered: ‎05-04-2014

Re: No automatic protection in Consumer Law

Because the function of this is to provide a cooling off period for people to stop people being pressured into buying goods or services then regretting after "the heat of the moment". It is not within the scope of the quoted regulation to deal with poor service. Other parts deal with that.
pwatson
Rising Star
Posts: 2,468
Thanks: 8
Fixes: 1
Registered: ‎26-11-2012

Re: No automatic protection in Consumer Law

The 14 day cancellation period is to cover 'buyers remorse' - Services such as broadband are not supplied on a try before you buy basis.  If you have a problem with your connection, refer to the PN T&C's (which you read and agreed before you signed up didn't you?) as this outlines under what circumstances you can exit your contract without penalty in the event of significant poor performance.
[quote=http://www.plus.net/info2/legal/index.html#broadbandTerms]5. Speed
5.1. If 10 days after your service is up and running you're always getting line speeds lower than the estimated line speed range we provided when you signed up, we'll try to improve its speed.
5.2. If, after following our instructions to improve the your line speed, it is still significantly lower than the estimated line speed range we quoted on sign up and provided by email, you'll be entitled to end our agreement for the service without paying early termination charges. However, we'll not refund you for your use of our service during the period between the date we got you up and running and you ending our agreement.
regretplusnet
Dabbler
Posts: 16
Thanks: 1
Registered: ‎09-03-2016

Re: No automatic protection in Consumer Law

There has always existed a difference between the "letter" and the "spirit" of the law.
Virgin Media has a "suck it and see" approach.  If the service, once tried, proves disappointing, then the contract may be cancelled (within 30 days), at no cost.
pwatson
Rising Star
Posts: 2,468
Thanks: 8
Fixes: 1
Registered: ‎26-11-2012

Re: No automatic protection in Consumer Law

Virgin have the advantage of running their own network of course and that means that they don't have to commit to a 12 month contract with a wholesale provider.  Cancellation doesn't actually actually cost them anything as the customer still pays any install fees and returns the supplied equipment.
I'm not defending PN by the way, it's just that their position is explained in the T&Cs so is known before a contract is taken out...
regretplusnet
Dabbler
Posts: 16
Thanks: 1
Registered: ‎09-03-2016

Re: No automatic protection in Consumer Law

Shove t&cs and yes, you are defending PN.
A 14 days cooling off period, beginning only upon the activation of a service, would instantly put an end to exaggerated claims, as the cost of reimbursement would be counter-productive.
Community Veteran
Posts: 484
Thanks: 39
Fixes: 2
Registered: ‎26-09-2015

Re: No automatic protection in Consumer Law

What was the initial speed estimate on your order confirmation?
pwatson
Rising Star
Posts: 2,468
Thanks: 8
Fixes: 1
Registered: ‎26-11-2012

Re: No automatic protection in Consumer Law

One of the OP's other threads has more detail about his speed issue.
He doesn't appear to have reported a fault or performed any basic diagnostics yet...  Obviously he feels that "throwing toys out of the pram" is likely to be more productive than engaging with a supplier to resolve an issue or agree that the contract cannot be fulfilled.