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Non Compliance - EU Consumer Rights Directive?

Superuser
Superuser
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Registered: ‎05-11-2008

Non Compliance - EU Consumer Rights Directive?

It seems PN may not be adhering to the EU Consumer Rights Directive with regards to their Madasafish brand?
On the 13 of June when this came in, you have to use a basic rate number (01,02,03) for calls to support not just 0844 numbers, like you are still doing on Madasafish
PN why do you appear to be not complying?
http://ec.europa.eu/justice/consumer-marketing/files/crd_arc2014_factsheet-consumer_general_en.pdf
http://www.moneysavingexpert.com/news/shopping/2014/06/shopping-online-or-by-phone-your-consumer-rig...
Quote from: http
Cap on phone helpline costs
After buying an item or service, if you have any queries or wish to cancel your contract or return the goods, you must be given a phone number to call which costs no more than the "basic rate". The guidelines say you shouldn't have to pay more for this service than you would pay to call a friend or relative.
This actually means that companies aren't allowed to charge you premium rates once you've entered into a contract with them. Instead, companies must use geographic numbers, which usually begin with the prefix 01, 02 or 03.

Regards
Mike
Mike
48 REPLIES
Plusnet Alumni (retired) LinnPlusnet
Plusnet Alumni (retired)
Posts: 1,686
Registered: ‎03-02-2014

Re: Non Compliance - EU Consumer Rights Directive?

Hi Mike,
Thanks for flagging this. I've raised it with our Legal team and we'll provide any updates as soon as we receive them.
Superuser
Superuser
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Re: Non Compliance - EU Consumer Rights Directive?

Thank you Linn. i look forward to an update
Mike
Community Veteran
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Re: Non Compliance - EU Consumer Rights Directive?

Off topic - well a bit
Thanks for flagging this up as I now see that Scan have a normal geographic number as well as the expensive 0871 version
atbs1
Grafter
Posts: 307
Registered: ‎14-04-2007

Re: Non Compliance - EU Consumer Rights Directive?

Well another point is raised  by the plusnet response: if there is a legal team, why haven't they pick up on a change / amendment to law!
Plusnet Alumni (retired) LinnPlusnet
Plusnet Alumni (retired)
Posts: 1,686
Registered: ‎03-02-2014

Re: Non Compliance - EU Consumer Rights Directive?

Hi SGTE,
They are aware of the changes, however, it isn't them who make the changes to the website(s) so it needs to go through other departments for the change to come into effect.
Community Veteran
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Re: Non Compliance - EU Consumer Rights Directive?

Given that the change was known for some time before the actual date and it is now about 4 weeks since it became law I have to ask why the web team weren't instructed to make the change as a matter of urgency as otherwise customers using the expensive number could reasonably make a claim for the call costs (if the Madasafish call waiting is as bad a Plusnet that would be worth doing) and this would land Plusnet with more work
Community Veteran
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Re: Non Compliance - EU Consumer Rights Directive?

I think quite a few things on that site do not comply with various rules and regulations - there is no mention of the company's registration on each page etc.
Also, it says "Madasafish is a trading name of Plusnet plc." yet in the T&Cs, it says "We, Us and Our" means Brightview Group Limited". I am not quite sure if this is allowed...
Superuser
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Re: Non Compliance - EU Consumer Rights Directive?

Quote from: Linn
Hi SGTE,
They are aware of the changes, however, it isn't them who make the changes to the website(s) so it needs to go through other departments for the change to come into effect.

Linn , are they only aware of the changes since i pointed it out? (which in your first reply seems to suggest)
If yes, what an embarrassment, a customer has to point out the law.
If no, when did PN know about it.?  and why are PN not already adhering to this ruling/law.
This has has been published since November 20011, implemented in December 2013, and came in 13 June 2014
http://www.parliament.uk/business/publications/research/briefing-papers/SN06608/eu-consumer-rights-d...
Surely this is a quick change, even if PN was only aware yesterday ?
As already mentioned you also have to cover the cost of the call, if over the basic rate
www.legislation.gov.uk/uksi/2013/3134/regulation/41/made
Quote from: http
Help-line charges over basic rate
41.  (1)  Where a trader operates a telephone line for the purpose of consumers contacting the trader by telephone in relation to contracts entered into with the trader, a consumer contacting the trader must not be bound to pay more than the basic rate.
(2) If in those circumstances a consumer who contacts a trader in relation to a contract is bound to pay more than the basic rate, the contract is to be treated as providing for the trader to pay to the consumer any amount by which the charge paid by the consumer for the call is more than the basic rate.

Are PN going to be contacting Madasafish customer to issue refunds (above the basic rate) for all calls since 13 June, which you are required to do?
Regards
Mike
Mike
Superuser
Superuser
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Registered: ‎22-08-2007

Re: Non Compliance - EU Consumer Rights Directive?

Mike,
Not wanting to dilute the principle of charging premium rates for post contract support, I believe that an EU directive is not law and has limited legal standing - if not, it ought to be the case.  There is far too much EU interference where it's not needed - forcing upon us things not needed (how straight is your banana) and blocking / delaying things we should just get on and do, like forcing BTOR to perform much better and clear labelling of Halal meat, which apparently everyone other than government and the food industry want.
Kevin
Superuser
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Re: Non Compliance - EU Consumer Rights Directive?

Hi Kevin
From what i have read, i get the impression the directive is law.
i certainly agree with you, regarding to much EU interference
Regards
Mike
http://ec.europa.eu/eu_law/introduction/what_directive_en.htm
Quote
What are EU directives?
EU directives lay down certain end results that must be achieved in every Member State. National authorities have to adapt their laws to meet these goals, but are free to decide how to do so. Directives may concern one or more Member States, or all of them.
Each directive specifies the date by which the national laws must be adapted - giving national authorities the room for manoeuvre within the deadlines necessary to take account of differing national situations.
Directives are used to bring different national laws into line with each other, and are particularly common in matters affecting the operation of the single market (e.g. product safety standards).
Mike
Plusnet Alumni (retired) LinnPlusnet
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Registered: ‎03-02-2014

Re: Non Compliance - EU Consumer Rights Directive?

I've spoken to our Legal team and they have confirmed that this was an oversight and they are now working on getting this changed as soon as possible.
Superuser
Superuser
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Registered: ‎05-11-2008

Re: Non Compliance - EU Consumer Rights Directive?

Thanks for the update Linn,
A pretty big over site in my view,  that it takes a customer to remind PN three weeks after it has come in to effect, given the information has been in the public domain since 2011 and in the media for the last few months.
Can you please ask, regarding my query relating to refunding customers  for the cost above the basic rate of phone calls ?
regards
Mike
Mike
Plusnet Alumni (retired) LinnPlusnet
Plusnet Alumni (retired)
Posts: 1,686
Registered: ‎03-02-2014

Re: Non Compliance - EU Consumer Rights Directive?

I've asked the question, Mike. I'll pop an update on here as soon as I get a response.
Superuser
Superuser
Posts: 1,884
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Registered: ‎05-11-2008

Re: Non Compliance - EU Consumer Rights Directive?

Thank you Linn, much appreciated
Regards
Mike
Mike