cancel
Showing results for 
Search instead for 
Did you mean: 

PlusNet is in breach of contract and trading standards by moving us to an email provider that charge

taedian1
Dabbler
Posts: 21
Registered: 3 weeks ago

PlusNet is in breach of contract and trading standards by moving us to an email provider that charge

As stated in the subject line, the email account, according to PlusNet was given free when you signed up for broadband. This can be considered as part of of the broadband package. By moving the email to a provider that charges after a set time, this is breaching the contract. At a minimum, it is breaching trading standard rules and regulations as you cannot start charging for something that was part of a package if it was given away for free. There's no choices for it to be transferred to a different free provider, just the options of "transfer or lose your account". I have one old account (20+ years) that I use for just emails, that PlusNet said would remain free and now they've gone back on that. 

I complained to PlusNet and it was just considered "Feedback" by the customer service representative. She then went an closed out the ticket without a response. 

Also, they're giving your information out to a third party company without consent for this transfer. 

I am preparing a complaint to Trading Standards, Ofcom, and the ICO. 

Btw "Complaint" isn't a valid label for the post.... I wonder why PlusNet.

52 REPLIES 52
jab1
The Full Monty
Posts: 22,706
Thanks: 7,928
Fixes: 334
Registered: ‎24-02-2012

Re: PlusNet is in breach of contract and trading standards by moving us to an email provider that ch


@taedian1 wrote:

 

Also, they're giving your information out to a third party company without consent for this transfer. 

 


They are not - you can opt out of the transfer, and find your own 'free' provider.

John
Baldrick1
Moderator
Moderator
Posts: 13,612
Thanks: 6,634
Fixes: 457
Registered: ‎30-06-2016

Re: PlusNet is in breach of contract and trading standards by moving us to an email provider that ch

@taedian1 

Presumably you have not been paying the 'out of contract price since you took out your original contract? I assume that you have renewed this with new contracts every 12/18/24 months in order to get the best price?

The contract that therefore applies is that written in the latest contract to which you have agreed. I suspect that if you read this you will find no mention of the provision of a free email service.

The fact that Plusnet have allowed legacy customers to keep the service as a free offering does not commit them to do this forever.

Interpretation of:  'I have one old account (20+ years) that I use for just emails, that PlusNet said would remain free and now they've gone back on that.' is open to interpretation. In the extreme I would interpret it as it being free for as long as the Plusnet product portfolio includes an email service. This they will not do after the transfer is complete.

I have a perfectly working sat nav and I paid for 'lifetime map updates'. Some time ago now I received a notification that the manufacturer had declared the product to be at the end of its lifetime, so there would be no more updates.

This made me realise that the offering was for the supported lifetime of the device, not my lifetime.

Moderator and Customer
If this helped - select the Thumb
If it fixed it,  help others - select 'This Fixed My Problem'

grumble
Aspiring Pro
Posts: 338
Thanks: 53
Registered: ‎15-09-2024

Re: PlusNet is in breach of contract and trading standards by moving us to an email provider that ch

My perspective.

At one time I had a "e-mail only" account (the reason for that is outside of discussion, and quite personal). Plusnet used to charge for it. Then they stopped charging for it (personally verifiable by checking bank stuff, but I think I remember I was informed - it was some time ago). There was no provision to renew a "free" contract (could be a tangential discussion point).

That "e-mail only" account also had a website (and a domain) associated with it. Somehows the provision of "e-mail only" became tangled up with legacy website and a domain registration. The "free" domain was "free" as it went back to an historic event when Pnet had a security breach. Whether that would remain "free" became debatable in my mind.

The writing was on the proverbial wall for that account which was costing me the square root of SFA.

PowerLee
Pro
Posts: 864
Thanks: 143
Fixes: 2
Registered: ‎12-03-2013

Re: PlusNet is in breach of contract and trading standards by moving us to an email provider that ch

I've been with Plusnet over 11 years now, only recently with all this talk of email migration on the forum did I find out that Plusnet provide email accounts, I never logged in to it as I didn't know I had it. 

Its always been advisable to never tie your primary email account to your ISP in case you want to leave OR they decide to stop / charge for the service. 

jab1
The Full Monty
Posts: 22,706
Thanks: 7,928
Fixes: 334
Registered: ‎24-02-2012

Re: PlusNet is in breach of contract and trading standards by moving us to an email provider that ch

@PowerLee Fortunately PN  have taken what I would call a 'middle of the road' approach. If you have an email account, you can retain it, and at least for two years it will remain free, unless like those of us who are 'mail only' accounts, who get 30 days free, and then pay £15.00 p.a., which I personally think is fair enough.

I have in the past considered using a separate email provider, but never quite got there for various reasons. Unless you want to use the likes of Google, with their dubious practices, you will have to pay for your email hosting. 

John
Jones
Dabbler
Posts: 15
Thanks: 6
Registered: ‎21-05-2025

Re: PlusNet is in breach of contract and trading standards by moving us to an email provider that ch

I use Zoho mail. 80p a month plus VAT. Not a lot less than Greenby, but every little helps.🙂.

taedian1
Dabbler
Posts: 21
Registered: 3 weeks ago

Re: PlusNet is in breach of contract and trading standards by moving us to an email provider that ch

Lifetime describes the "Lifetime of the service". The service is not ending. PlusNet have unilaterally decided to offload it to a third party. There is no choice of who it gets migrated to. It's either transfer to them or we delete it all. 

The other account I have predates the existence of gmail and other providers. When I got it, having an email account with your provider was the only real choice. The account is probably older than a lot of members on this forum.

This is not the only complaint I have with PlusNet. I noticed that they took the direct debit early this month. I only noticed it because it came out the same day as I got paid. I've started reviewing the past direct debits and found that has been going on consistently for February, April, August, and November of the last 2 years. I told them about this and they've failed to acknowledge it as a problem even though it breaks the direct debit guarantee. For example, one payment was taken out on 31st July 2023 which was a Monday. But the subsequent payment was taken out on the 1st September 2023 which was a Friday. It's not related to day of the week, days in a month, or bank holidays. Sometimes the payment is taken late, but 4 times a year it is always taken early.

Also for the record, here's what Google search says about the Greenby email move:

"Many customers argue that since the email service was provided for free as part of their original broadband package, the introduction of charges constitutes a breach of contract and potentially "shrink-flation" (receiving less for the same or more cost). Concerns have also been raised about customer data being transferred to a third party (Greenby/Enix Ltd) without explicit consent. "

I am not alone in my position over PlusNet's actions.

PlusNet have treated this as "Feedback" and not a complaint, even though I have stated it as such.

They even closed my ticket after 3 days, violating their own policy on customer services. They said "Well it had been 6 days since your last response" but their customer service agent took 3 days to respond to me, so I didn't get 6 days to respond.

The matter is going to the Ombudsman now. I have since got 2 of the early direct debit payments reverse and cancelled the direct debit while we are in dispute. PlusNet have cancelled my account in response. 

I will be adding the Financial Ombudsman to the organisations I complain to about PlusNet's actions.

taedian1
Dabbler
Posts: 21
Registered: 3 weeks ago

Re: PlusNet is in breach of contract and trading standards by moving us to an email provider that ch

Also, the Greenby website states that there should be notification 60 and 30 days before the transfer of email account. I only got the 30 days email. 

taedian1
Dabbler
Posts: 21
Registered: 3 weeks ago

Re: PlusNet is in breach of contract and trading standards by moving us to an email provider that ch

I also put in a DSAR request with PlusNet and it has so far been ignored.

jab1
The Full Monty
Posts: 22,706
Thanks: 7,928
Fixes: 334
Registered: ‎24-02-2012

Re: PlusNet is in breach of contract and trading standards by moving us to an email provider that ch

Many customers argue that since the email service was provided for free as part of their original broadband package, the introduction of charges constitutes a breach of contract and potentially "shrink-flation" (receiving less for the same or more cost). Concerns have also been raised about customer data being transferred to a third party (Greenby/Enix Ltd) without explicit consent. "

 

uNote the emphasised bit in the C&P above. If it was provided for free, then you were not paying for it! 

John
taedian1
Dabbler
Posts: 21
Registered: 3 weeks ago

Re: PlusNet is in breach of contract and trading standards by moving us to an email provider that ch

Since it was provided free, but obviously you are not aware that Greenby will start charging if you want to keep that email address. PlusNet intentionally doesn't highlight that fact.

Secondly, if it "free" and part of the broadband package, being force to pay for the service is a breach of trading standards.  

"If a company in the UK is charging you for something that should be free, this is considered a misleading commercial practice and you should report it to Trading Standards"

"If a company in the UK starts charging you for something that was previously free without your consent, this is likely an unfair commercial practice and a breach of contract."

jab1
The Full Monty
Posts: 22,706
Thanks: 7,928
Fixes: 334
Registered: ‎24-02-2012

Re: PlusNet is in breach of contract and trading standards by moving us to an email provider that ch

The only case where they have said they will charge you for it (£15.00 p.a.) after 30 days is if you are, as I am, a 'mail only' account. Otherwise, if you are a PN subscriber at the date of transfer, it is free for two years, after which they MAY start to charge - this is not confirmed.

You have the option to decline the move - but in that case, you will have to find an alternative email service. There are 'free' ones - Gmail/Yahoo spring to mind, but there are 'gotcha's' with such, in that they trawl your mail in an attempt to serve you ads based on email content, so do not respect your privacy. Any trustworthy mail provider will charge, as they have costs to cover - e.g. servers.

John
Protech
Pro
Posts: 272
Thanks: 160
Fixes: 7
Registered: ‎26-09-2017

Re: PlusNet is in breach of contract and trading standards by moving us to an email provider that ch

@taedian1
Check the contract you have with Plusnet and consider the following...

Plusnet are very unlikely to be in breach of contract or consumer law by withdrawing the free email service, provided they give proper notice (which they appear to be doing by giving a very long 2-year transition) for Plusnet customers before being charged

However, you may have rights to leave your broadband contract without penalty if Plusnet categorises the removal of free email as a “change that is not exclusively to your benefit” under clause 18.6, and if the email service is considered part of your “service” or part of a “package”.

But:
✔ Most ISPs treat email as a non-core, free additional service, and
✔ Clause 17.1.2 explicitly says free features can be withdrawn when the agreement ends, and
✔ Clause 18.1 gives Plusnet very broad variation powers, and
✔ Clause 18.5.3 says that changes to additional, non-package, non-core extras do not give termination rights unless they cause “material disadvantage”.

So in practice, Plusnet are on solid legal ground.


---

Detailed analysis

1. Is email considered part of your contracted “core service”?

Plusnet’s Standard Terms define:

Broadband, phone, etc. through their specific Service Terms.

“Features or services that are provided for free with or as part of the service(s)” (17.1.2).


In consumer telecoms, free email is treated industry-wide as an “additional service”, not a core part of the purchased broadband service.

And you are not paying separately for it, so it isn’t a contractual consideration.

This matters because:

If it’s core → change must allow penalty-free exit.

If it’s an add-on → they can usually withdraw it.


Your contract clearly positions email as an ancillary feature.


---

2. Variation clause – does the contract allow Plusnet to change or withdraw services?

Yes — and the clause is very broad.

Clause 18.1 allows them to change:

the service

the terms

the price

in response to technology, business, cost, structure, law, etc.


This is a permitted variation clause, and provided it is clear and transparent (which it is), the Consumer Rights Act 2015 allows it.

Clause 18.5.3 is crucial:

> “a change to an additional service that is not part of a package or an add-on and does not cause you any material disadvantage”



They are only required to notify you; they do not have to allow penalty-free cancellation.

Since email is:

free

not a paid add-on

not a package component

not essential for broadband delivery


—it falls squarely into this clause.


---

3. Do you get a right to leave the contract without penalty?

Clause 18.6 sets out the limited cases where you can leave without penalty.

These include:

price increases on the core service

changes not exclusively to your benefit that relate to the core service or a package component

changes to terms that adversely affect you in relation to the core service


But free email is not the core service.

And email does not appear in your broadband “package terms”.

Therefore:

The removal of free email is not the kind of change that triggers 18.6 termination rights.


---

4. Clause 17.1.2 – expressly allows withdrawal of free services

This clause states:

> “any features or services that are provided for free… will end on the same day as our agreement ends.”



This establishes explicitly that free features are outside the durable obligations of the contract.

While this clause refers to termination, it supports the general argument that free services are not contractually guaranteed, and can be removed or changed without breaching the agreement.


---

5. Ofcom rules – is this a “material detriment”?

Ofcom considers a change “materially detrimental” if it affects the paid core service, such as:

price rises above agreed indexation

data caps

speed reductions

line rental changes

charges for mandatory equipment


Ofcom has never treated ISP-provided free email as a core service.

Virgin, BT, TalkTalk and others have all withdrawn or charged for email services over the last decade without being sanctioned.

So:
➡ Plusnet’s change is not a regulatory breach.


---

6. Consumer Rights Act 2015 – is the variation fair?

A variation term must be:

transparent

not create a significant imbalance to consumer detriment


Plusnet’s clause 18 is clear, broad, and typical for telecoms contracts.

Also, Plusnet are giving two years’ notice, which is far more generous than the legal minimum (30 days).

Therefore:
➡ The variation term is likely fair and enforceable.
➡ The removal of free email is unlikely to be an “unfair term” under the CRA 2015.


---

🧾 Final legal position imho

NOT a breach of contract:
✔ Variation clause permits service modifications
✔ Email is not core to the broadband service
✔ Withdrawal of a free, non-contractual extra is permissible
✔ Adequate notice (far beyond required minimum)

NOT a breach of consumer law:
✔ CRA 2015 fairness test is met
✔ Ofcom does not require penalty-free exit
✔ No misrepresentation unless Plusnet explicitly promised “email for life”

HTH
You can check out but you can never leave ( easily)
taedian1
Dabbler
Posts: 21
Registered: 3 weeks ago

Re: PlusNet is in breach of contract and trading standards by moving us to an email provider that ch

Paying after 2 years has been confirmed. It does not state that it might not happen.

From Greenby's own site:

"How much will the email service cost?

If you're an active Plusnet Broadband customer, the email service with Greenby is provided for the next 2 years free of charge. After which you'll have the option to pay to continue using your mailbox and webspace. For everyone else, the service will remain active for 30 days after your migration, and after this will cost £15 per year. This covers all your existing mailboxes, plus any new ones you choose to create. We've doubled your disk space allowance from Plusnet's 1GB to 2GB, allowing you to store twice as much email. The price also includes your personal webspace, if it was active on your account."