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Re: [LUG] OT BT contracts.....

 

On Tue, Dec 28, 2010 at 10:33:03AM +0000, Dava wrote:
> Eion MacDonald wrote:
> >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
> Thanks for the info on this, im going to look into it today and see
> what i can do
> 
Also try www.ofcom.org.uk

(A certain cynicism would argue that the reason for offering a discount for
1 years service - taking the contract price per month down from £13 to
£9.9+ is to allow BT to book revenue upfront. In which there is not a cat
in hecks chance they will refund)


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Henry
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