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dont look back in anger i heard u SCREAM !!

jacksmummy
Grafter
Posts: 25
Registered: 21-10-2009

dont look back in anger i heard u SCREAM !!

rite. SO FINALLY I HAVE waved byebye to C**pnet
THANK MY STARS for that .!
cept it aint that simples is it. cos now they want to rob me to pay for cancellation of service, cost of router and the set up fees ...HA ! is that a joke ?
Sour grapes.
I wish to know the FULL LEGAL process in which I fight this small matter, as I am NOT parting with another penny to this shambles of a company.
If someone could kindly inform me of this that would be greatly appreciated. I will of course do my own research. So dont think for one second that I am clueless. And Please stop with the threats of debt collectors. after all, i believe my postman has more power than they do!!
And to those people who are in the same boat as me... dont jump out just yet. keep fighting ! Lips are sealed
14 REPLIES
Lurker
Grafter
Posts: 1,867
Registered: 23-10-2008

Re: dont look back in anger i heard u SCREAM !!

You agreed to the costs up front, with an agreement from PN that they would waive those costs if you remained a customer for longer than a set time.
In short, there isn't a great deal you can do, unless you can prove that it is unfair for PN to charge you for sums of money that you agreed for them to charge you.
IANAL but I'm pretty certain you are on a losing streak with this one. Wink
David_W
Rising Star
Posts: 2,297
Thanks: 30
Registered: 19-07-2007

Re: dont look back in anger i heard u SCREAM !!

You pretty much have deferred costs.  When you join you have the option of...
a) paying all costs upfront, connection fee, router etc. Which costs quite a bit of money
b) deferring fees for a set period of time (12 months usually) after which PlusNet waives the fees
If you choose a, you can leave any time with no fees incurred by yourself.  If you choose b then should you leave before the 12 month period, you owe PlusNet the fees you didn't pay which a did.
It's a standard thing really, you agreed to stick with PN for 12 months, PN agreed to not charge you the upfront fees as long as you remained with PN for 12 months.  So the only thing you can really do is pay up, else PN will have the right to send in the debt collectors which will effect your future ability to obtain credit.  The ISP you have moved to will also have deferred costs, if you leave them within the initial contract time, they too will be able to chase you down for money.
Ever tried leaving a mobile phone contract sooner than the initial time?  They not only charge you for the mobile phone, they also charge you the line rental for the time remaining on your contract, PN are nice and just ask you to pay what it cost them to sign you up.
Community Gaffer
Community Gaffer
Posts: 13,321
Thanks: 1,106
Fixes: 89
Registered: 04-04-2007

Re: dont look back in anger i heard u SCREAM !!

Quote from: jacksmummy
rite. SO FINALLY I HAVE waved byebye to C**pnet
THANK MY STARS for that .!
cept it aint that simples is it. cos now they want to rob me to pay for cancellation of service, cost of router and the set up fees ...HA ! is that a joke ?

Hi there,
Sorry to hear that  you've left.
The deferred costs we're asking you to pay will have been agreed to when you first registered the account though so I'm not sure that there's a great deal that we can do Sad
The majority relates to subscription monies that are outstanding and the initial cost of setting up your line which is something we have already paid our wholesaler on your behalf. The remainder is for the wireless router hardware that we sent to you.
Quote
I wish to know the FULL LEGAL process in which I fight this small matter, as I am NOT parting with another penny to this shambles of a company.

Our complaint resolution process is detailed in our Code of Practice that can be seen here. Having scanned quickly over your account though it does seem like the outstanding amount is a true reflection of the money owed to us.
Quote
And Please stop with the threats of debt collectors. after all, i believe my postman has more power than they do!!

That's the normal procedure when a customer refuses to pay monies that are owed to us. Once the case has been handed off to the debt collection agency then they will manage the relationship with you on our behalf.
From what I can see, you've been using the service yet we've not received any money for several months?
If you want to summarise your main concerns in a PM to me then I'll be happy to take a more detailed look into things and see what I can do to clarify the situation. That might save you a bit of time too as it can take a while to turnaround an official complaint.

Bob Pullen
Plusnet Product Team
If I've been helpful then please give thanks ⤵

jacksmummy
Grafter
Posts: 25
Registered: 21-10-2009

Re: dont look back in anger i heard u SCREAM !!

typical. as usual its all down to me.
firstly , proof i signed a contract. which i did not.
secondly plusnet messed me around from word go
thirdly if you think i will be bullied into backing down then think again.
i am going to exercise all my rights and will see this through.
too many people give in to companies like plusnet , that is why they get away with so much.
ps  . I AM NO LONGER A CUSTOMER OF PLUSNET as of the 18th January .
You can chase me threaten me do what you like. Makes no odds to me.
I will follow every step of the Office of Fair Trading Guidelines asscoiated with debt collection and
I I wil see Plusnet in court if they really want it that way!
This debt is in dispute.
You will hear from me in due course once i have sought legal advice.
I hope Plusnet are ready for a battle cos a battle they have got.!
The question I would ask is do plusnet wish for their name to be dragged through the mud.?
its up to you
Community Veteran
Posts: 3,789
Registered: 08-06-2007

Re: dont look back in anger i heard u SCREAM !!

Well, IANAL but I'm fairly sure that any county court would enforce a judgement.
Just because you didn't read any terms and conditions in advance doesn't absolve you of them.
You may have an argument for not providing a service, but the BT and PN terms are fairly clear on that with ADSL not being a product covered by an SLA.
Regardless, up-front costs would be due.
So, fighting it every step of the way is your prerogative, but will likely end up with substantial legal fees of your own, and Plusnet's to contend with which will absolutely dwarf the outstanding amount.
Probably best to seek advice from someone who is a lawyer though.
B.
pies
Grafter
Posts: 41
Registered: 05-07-2008

Re: dont look back in anger i heard u SCREAM !!

One thing i know is when the courts get involved only the lawers win
Community Gaffer
Community Gaffer
Posts: 13,321
Thanks: 1,106
Fixes: 89
Registered: 04-04-2007

Re: dont look back in anger i heard u SCREAM !!

Quote from: jacksmummy
typical. as usual its all down to me.

Not at all, I've offered to try and address the concerns you have but that's probably best done away from here as it's likely to involve sensitive account information (thus my suggestion that you drop me a personal message).
Quote
firstly , proof i signed a contract. which i did not.

I don't want to get into an argument but did you sign up online? If you did then you will have ticked a check box to say that you had read, understood and agreed to our T's & C's.
Quote
secondly plusnet messed me around from word go
thirdly if you think i will be bullied into backing down then think again.
i am going to exercise all my rights and will see this through.
too many people give in to companies like plusnet , that is why they get away with so much.

I'm just trying to provide you with the facts, I'm sorry if you feel you were messed around, I'm not sure what your main causes for complaint are so can't really comment much further on them.  
Quote
ps  . I AM NO LONGER A CUSTOMER OF PLUSNET as of the 18th January .
You can chase me threaten me do what you like. Makes no odds to me.

As I mentioned in my last reply, the debt normally gets passed off to a third party. I think we use a company called P&A now although I could be mistaken.
Quote
I will follow every step of the Office of Fair Trading Guidelines asscoiated with debt collection and
I I wil see Plusnet in court if they really want it that way!
This debt is in dispute.
You will hear from me in due course once i have sought legal advice.
I hope Plusnet are ready for a battle cos a battle they have got.!

It is a shame you feel this way. By the sound of things we're not going to resolve anything in this thread so it might be better you continue to pursue your complaint via the official channels.
Quote
The question I would ask is do plusnet wish for their name to be dragged through the mud.?
its up to you

Of course not! I have offered to listen to your concerns so the offer still stands if you want to message me?
By the way, you still seem to be connected to our network which shouldn't really be possible given the fact that you've witheld payment for so long?

Bob Pullen
Plusnet Product Team
If I've been helpful then please give thanks ⤵

David_W
Rising Star
Posts: 2,297
Thanks: 30
Registered: 19-07-2007

Re: dont look back in anger i heard u SCREAM !!

Why are they still connected to your network if they haven't paid in such a long time?  Seems silly to me.
Anyhow:
Quote
firstly , proof i signed a contract. which i did not.

Correct, you did not "sign" a contract, neither did I and I'm still in a 12 month contract with PlusNet.  A contract does not have to be signed, ever, a verbal contract is upholdable in a court of law as long as both parties obtain something from said contract.
For instance, if I said to you "I agree to cut your grass for £5" and you say "ok, I agree to pay you £5 to cut my grass", that's a contract under law.  If I do not cut your grass, you could take me to court for breach of contract.  If I cut your grass and you didn't pay me the £5, I could take you to court, because we have a contract.  If however I said "I will cut your grass" and you said "ok" and I didn't cut your grass, there is no contract as there is no remuneration on my side (I'm not getting anything in return for cutting your grass)
Now, PlusNet agreed to connect you to their network over ADSL.  PlusNet agreed to supply you with the means to connect to their network (the router).  PlusNet agreed to waive all fees associated with connecting to their network over ADSL in return for you agreeing to stay with them for a minimum term of 12 months.  You agreed to stay with PlusNet for 12 months, you also agreed that should you leave before the 12 months are up that you will repay PlusNet the costs associated with connecting you to the network.  You also agreed to play PlusNet a fee each month for PlusNet to provide you with Internet Access.  PlusNet agreed to supply you with Internet Access to the best of their ability for that fee.
As you can see, you were connected to PlusNet, you received equipment from PlusNet and you received Internet access from PlusNet.  You decided to break the contract you held with PlusNet.
You can take legal advice, and I strongly recommend you do. you however are very unlikely to win any court case against PlusNet.
jacksmummy
Grafter
Posts: 25
Registered: 21-10-2009

Re: dont look back in anger i heard u SCREAM !!

well thanks to all for you replys. it seems there are many PRO plusnet people out there and gud kuk luck to u all. 
David_W
Rising Star
Posts: 2,297
Thanks: 30
Registered: 19-07-2007

Re: dont look back in anger i heard u SCREAM !!

It's not that we're pro-PlusNet, it's more we're neutral parties to the whole thing.  If we though you had a chance of winning against PlusNet we'd say so (if you've been with them for 3 months say, with terrible service below BT's fault threshold, you could have a case you could win as PlusNet wouldn't have been providing a reasonable service - true, you'd have to show you took all reasonable steps to remedy the situation also....).
We don't know the story behind it, and PlusNet won't post the details on a forum (privacy laws) so all we get to see is what's written down, which is you leaving PlusNet during your initial contract term and not wanting to pay the bill.
Lurker
Grafter
Posts: 1,867
Registered: 23-10-2008

Re: dont look back in anger i heard u SCREAM !!

Quote from: jacksmummy
well thanks to all for you replys. it seems there are many PRO plusnet people out there and gud kuk luck to u all. 

I'm not pro Plusnet - indeed I'm in the process of moving all my accounts away from PN, but it doesn't change the fact that you are being unreasonable IMO.
PN get lots of things wrong, and make lots of mistakes. It doesn't entitle us as customers (ex or current) to try to avoid paying them fees which they are legitimately due.
Community Veteran
Posts: 17,656
Thanks: 1,559
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Registered: 06-11-2007

Re: dont look back in anger i heard u SCREAM !!

A bit like refusing to pay for your petrol.................... because it didn`t go far enough to satisfy you !
Community Veteran
Posts: 26,692
Thanks: 916
Fixes: 10
Registered: 10-04-2007

Re: dont look back in anger i heard u SCREAM !!

Guys, I think we should be encouraging her to take action. Some people won't take advice and only learn from making a very expensive mistake.
She doesn't seem to understand the first principles - continuing to use a service after you've refused to pay totally destroys the case!
jelv (a.k.a Spoon Whittler)
   Why I have left Plusnet (warning: long post!)   
Broadband: Andrews & Arnold Home::1 (FTTC 80/20)
Line rental: Pulse 8 Home Line Rental (£13/month)
Mobile: iD mobile (£4/month)
pierre_pierre
Grafter
Posts: 19,757
Registered: 30-07-2007

Re: dont look back in anger i heard u SCREAM !!

I just hope that's Jacks alright!