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On 27/12/10 19:22, Dava wrote: > I'm not good with words and my legal knowledge isn't good either... > would anyone out there be willing to help me in canceling a BT contract > before the finish date? My sister is with BT and she wishes she hadn't > signed up to them, if only she had asked me first! P2P is completely > unusable, i left a file going for over half an hour and it was stuck at > 0% and 0kB/s even with a huge seed to leecher ratio and downloading from > 50-103 peers. Its disgraceful!! Any ideas? > > Regards > > Dave > 1. Read the contract! 2. It will itself within the wording have an 'expiry clause' or 'expiry date' 3. If these are set rigidly, i.e. "The minimum period of this contract is 18 months from the starting date, which is XX/YY/20ZZ (or date of signature" 4. Then you have a problem, as yes, you can cancel provide you pay the full rental and contractual amount due to BT up to the date specified, until fully paid they may not transfer the contract. 5. Most contract for rent of services (e.g. ISP, phone, Car hire, television hire, service contracts for servicemen's attendance) deliberately estue any warranty on performance of service or service quality level other than ' what a reasonable person would expect'. 6. P2P is a contentions issue,as BT see it as the realm of the potentially illegal and they to protect their own finances and avoid being sued as accomplices in illegal activities will throttle all P2P services. 7 Unless your contract specifically allows P2P downloads/uploads you may have a major problem with proving 'bad service' or "service below the standards expected by a reasonable person", which as breach of contract would allow you to cancel and obtain a rebate. 8. BT contract wording is not my field, but the day job is vetting contracts and accepting, negotiating modifications, or rejecting them on behalf of an engineering company to minimise risk in engineering construction , supply and service of oil rigs, petroleum refineries. 9 You need to look for : What level of service was promised ( did they say P2P was allowed?) How long to expiry? Event which could trigger expiry before time date? 10. It may seem strange but why not try a registered letter to chairman stating what you find objectionable in level of service and request how to improve.. This is necessary to set your 'line in the sand' if you going into an opposed cancellation of a contract as it sets , date objections raised and notified. What you consider reasonable? What you need, PS Did your sister keep any contemporaneous notes of her discussion (telephone call) with BT for her ISP services? Did she say she would want to use P2P? You need name of person at other end , date,time, handwritten contemporaneous notes etc etc. OR was it done over internet acceptance which does not allow any deviations from BT's standard contract, as her 'click' to accept is deemed reasonable knowledge. PPS From this you will see the companies I advise never take part in e-commerce bidding due to the 'click' of acceptance without recourse to negotiate. For my background see www.lockgorm.co.uk -- Regards Eion MacDonald -- The Mailing List for the Devon & Cornwall LUG http://mailman.dclug.org.uk/listinfo/list FAQ: http://www.dcglug.org.uk/listfaq