Well... Leaving - but Not very impressed with "Options Team"... - Complaint

[#1]

There seem to be (at least) 2 "flavours" of cessation charge, which are we talking about applying here?
1. Total cease of line. No ongoing BB service from anyone, no use of a MAC.
2. Transfer to LLU via MAC
The latter seems to be relatively "new".

[#2]

Quote from: HPsauce

There seem to be (at least) 2 "flavours" of cessation charge, which are we talking about applying here? 1. Total cease of line. No ongoing BB service from anyone, no use of a MAC. 2. Transfer to LLU via MAC The latter seems to be relatively "new".

Quote from: v70ben

(it's BT's inability to provide suitable network infrastructure and I'm now in a Virgin area as they've just cabled our area up)

Pretty clear it's the first scenario that applies here. He hasn't got a leg to stand on!

[#3]

Not necessarily, if it's pushed to arbitration or court they may decide in favour of one of the arguments above that it's not a reasonable charge to levy.

[#4]

In the 6 years this charge has been in place do you not think thinkbroadband or ISPreview would have had some news of someone succeeding at getting the charge thrown out?

[#5]

If you took an ISP to the Small Claims' Court over it, they probably wouldn't contest it. The cost of them contesting it will be many times higher than the £30 disconnect charge.

[#6]

v70ben,
As stated by various other customer's: if you cancelled your account and didn't migrate your services to another provider on the BT network (using a MAC Code) then the cessation fee would be applicable.
Apologies for any inconvenience caused by this, however, as we are charged this by our suppliers and we do state this in our T&C's the charge is passed on to you if applicable.

[#7]

Quote from: jelv

Quote from: HPsauce There seem to be (at least) 2 "flavours" of cessation charge, which are we talking about applying here? 1. Total cease of line. No ongoing BB service from anyone, no use of a MAC. 2. Transfer to LLU via MAC The latter seems to be relatively "new". Quote from: v70ben (it's BT's inability to provide suitable network infrastructure and I'm now in a Virgin area as they've just cabled our area up) Pretty clear it's the first scenario that applies here. He hasn't got a leg to stand on!

Thank you for you exceptionally reasoned argument - Can you expand on your reasoning... Other than "It's in the T&C's" - It will require you to read a little more... Even OFCOM believe they are unfair if the costs are not reasonable...

[#8]

Changes to OFCOM rules would apply to new contracts or by an ISP changing the T&Cs applying to existing contracts (e.g. if BT Wholesale tell Plusnet they are no longer going to levy the charge).
You are bound by your existing T&Cs as they form part of the contract you agreed to either when you signed up (or if you joined before 29th October 2008 by your continuing to use the service after they notified you of the change).

[#9]

Quote from: Linn

v70ben, As stated by various other customer's: if you cancelled your account and didn't migrate your services to another provider on the BT network (using a MAC Code) then the cessation fee would be applicable. Apologies for any inconvenience caused by this, however, as we are charged this by our suppliers and we do state this in our T&C's the charge is passed on to you if applicable.

Linn,
Thank you for your response - I believe your stance is incorrect, but we will see.
Given your response - Can you please provide me with a CISAS deadlock reference in the first instance.

There is still the referrals matter....

[#10]

When I left PN a while back (since returned) I managed to downgrade to a free dial-up account and was still paid referrals. 
Whether that facility is still available I don't know, but I didn't return until earlier this year, so the on-going mechanism was still working in January 2014 even if joining it is less certain.
As for coming back and reinstating broadband on a dial-up account that was a whole bag of worms for PN, which they did eventually resolve. 

[#11]

v70ben,
I've had a word with our Complaints team and I will shortly be escalating Ticket: 85543463 back to you with the details. I'm very sorry for any inconvenience caused by all this.

[#12]

Quote from: jelv

In the 6 years this charge has been in place do you not think thinkbroadband or ISPreview would have had some news of someone succeeding at getting the charge thrown out?

Funny old world...

Quote from: jelv

He hasn't got a leg to stand on!

Maybe your idea of "Consumer Rights" is to take it up the rear from large companies regardless.... but that's not my way... Maybe you should wonder just why the legislation was enacted....
It would appear the legs are connected to a giant pair of balls, and both legs work just fine thanks, and I'm standing on both of them quite well - PlusNet appear to also believe my legs are just fine  :P...

[#13]

Quote from: Linn

v70ben, I've had a word with our Complaints team and I will shortly be escalating Ticket: 85543463 back to you with the details. I'm very sorry for any inconvenience caused by all this.

Linn,
Thanks for your response, and I think you can now consider the matter amicably resolved - and I'm now happy.
Ironically, I only found out it was resolved as I called 5 minutes ago to pay the charge (I did say I'd pay in protest, but I left it till the last minute of the tenth day)
Thank you for your assistance.

[#14]

Did the referrals issue(s) get answered?

[#15]

@ v70ben
You will find virtually every consumer contract has an 'unfair' term in it. However, it is ultimately up to a court of law to make that application in reference to the Unfair Contract Terms Act/Unfair Terms in Consumer Contracts Regulations. Even then it would have to go to the High Court and Court of Appeal to be binding on other CPs.
The Plusnet contract clearly states that a cessation charge applies if you cancel your service. All they are doing is passing on the charges incurred to themselves by their suppliers, BT Wholesale. A court would most probably find that the charge is reasonable because Plusnet are charging you what their suppliers are charging them.
You can argue until you're blue about the BT Wholesale charge being reasonable and proportionate, but at the end of the day you have no contract or agreement with BT Wholesale. It is ultimately up to OFCOM to make that decision as the regulator of the telecommunication industry.
The charge may be scrapped from 1 July as part of the Fixed Broadband Market Review, but that is irrelevant because we are talking about now.