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Tx2 wrote:
> I have a 'friend' who has (had) 2 telephone lines going to her house.
> One was originally for dial-up internet computer use, one was for normal
> voice use.
>
> She decided to use the computer line for her ADSL number.
> We ordered adsl via Plusnet, and the order subsequently went through.
>
> In the interim, BT informed her there was a "major cable fault" that
> provided the numbers/lines to her house. Both lines were taken out of
> service by BT at the beginning of June.
>
> She was offered compensation of £1 a day by BT, but still had to use her
> mobile phone and finance the cost of those calls herself.
>
> Plusnet progressed the adsl order (we informed them there was a fault on
> the line) and subsequently told us that activation had taken place, and
> all was well. Concern was expressed to Plusnet by us at the time, as
> obviously it wasn't due to BT having taken the line out of service.
>
> How could BT have activated broadband on a line that had (to all intents
> and purposes) been ripped out of the ground, and how could Plusnet have
> actually been able to place an order on a line that wasn't currently
> functional?
>
> One of her numbers has today (3 weeks later) been restored, but the
> other, the ADSL activated one is down indefinitely (say BT)
>
> They cannot give her any indication when the 2nd line will again be
> working.
>
> She is now paying £24.99 a month to Plusnet for ADSL she can't possibly
> use, and i doubt (although we haven't asked) if Plusnet will 'pause' the
> account until such time as she can.
>
> What, if any, compensation can she claim off BT?
>
> Can she cancel the ADSL with Plusnet until such time as she can actually
> have her 2nd line back?
>
> It's impractical for her to use the now working line for the computer,
> as she lives in a *huge* house, the telephone point being some way from
> her computer room. That is why she had a second line installed
> originally (a few years ago) so that internet access was available to
> the PC.
Basically, the line is provisioned at the exchange but physically broken
in between there and the premises. It is no problem for an ISP to have
broadband provisioned on such a line as the work is all done at the
exchange and it is an "active" line.
This issue is that there is a fault on the line, and this is no
different to a line that was working and has broadband getting a fault
at a later date.
BT still charge plusnet for the circuit! They are probably still
charging your friend line rental for the telephone line as well, but
giving the compensation.
- From plusnets point of view, any fault that is due to a PSTN fault has
to be reported via BT PSTN faults by the end user and is (strangely, I
know) not regarded as an ADSL fault. So plusnet are pretty powerless to
help.
If it was us as the ISP we would indeed argue with BT that a line that
is not connected due to a BT fault is not connected, full stop, and as
such compensation to plusnet (which is peanuts on broadband lines by the
way) should ensue for the duration of the fault. They could also argue
that due to the PSTN fault the ADSL has not in fact been provisioned
(even though all provision work related to the broadband service, and
any fault work that would be done relating to the broadband service
(i.e. none), has in fact been completed). BT may not see it like that,
but that is not an issue for your friend... Plusnet may well be taking
up these points with BT anyway. Her issue is with plusnet, and she can
reasonably argue that the service has not in fact been installed with
them and so *not* be paying them for the service ordered.
Also, there are distance selling directive time scales (although quite
short ones if notified of them) which apply, but would normally stop
applying once the service is in fact provided. If it is within the
distance selling directive time scales and the service has not been
provided, she can cancel with plusnet with no costs at all to them.
Worth checking. If not advised of these timescales, then they are much
longer, so may still be in force.
Fortunately her contract with plusnet is a consumer contract and subject
to various "reasonableness" tests on any contract clauses, so she would
have (IMHO) a good case (IANAL). Plusnet's contract with BT is not
subject to such tests (commercial contracts are allowed to be
"unreasonable", and BTs are indeed so, IMHO). So, sadly for plusnet,
they are likely to be the ones that lose.
Talk to plusnet!
- --
Rev Adrian Kennard
Andrews & Arnold Ltd / AAISP
www.aaisp.net.uk
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