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

 

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


Regards

Dave

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