England.
This is the timeline of events.
Requested to be connected to a local fibre ISP and the order acceptance email was received on the 12/05/2021
Installation including running fibre to my propery happened on the 25/05/2021
I disovered issues surrounding the security of the connection that day (see this post to /r/casualuk)
I requested cancellation of the service on the 26/05/2021 which is within their 14 day "cooling off" cancellation period. This started from the date the order acceptance email was received.
I received a phone call almost right away from customer service saying that I could not cancel because I had been installed. I asked them to show me where in the T&Cs it says this. They referred to the clause that applies after my legal right to cancel the service (the cooling off period) had ended. They refused to accept I was still in the cooling off period "because I had been installed - and I was happy with the installation".
Emails back and forward with me again requesting to be cancelled and again them refusing to cancel me. They then never replied to my last request for cancellation which was on that same day the 26th of May.
The relevant section of the terms and conditions are below:
9.2 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For Services bought at a distance you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
9.3. How long do I have to change my mind? Where you have purchased Services, you have 14 days after the day we will write to you to confirm we accept your order. If you cancel after we have started providing the Services (including any installation Services), you must pay us for the Services provided up until the time you tell us that you have changed your mind.
9.4 and 9.5 are not relevant - about refunds
9.6 Cancelling the contract after the minimum term has expired. You may cancel the contract anytime after the minimum term has expired, however, you must give us 30 days notice of your intention to cancel.
9.7. Cancelling the contract during the minimum term where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind, you can still end the contract during the minimum term but you will have to pay us compensation by way of an early termination fee. The contract will end 30 days after you notify us that you wish it to end and we will refund any sums paid by you for Services not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you in proportion to the amount of time you have left in your minimum term. A full list of early termination fees can be found on our website (www.truespeed.com/terms/)
Point 9.6 and 9.7 are what the customer service rep referred me to - despite the fact that I was within the 14 day cooling off period. They were not able to point me to any clause which stated my happiness with the initial installation waived my legal right to the 14 day cooling off period.
To me this is very simple. I was in my cooling off period, whether I was happy with the initial installation or not. I was therefore within my rights to cancel the service according to clause 9.3 which specifically outlines this eventuality and that I would be liable for the services received up until that point.
I just want to check here that I am correct. I also want to see what you think should be my next step - some time has passed at this point. I have 6 months of free service anyway so things will not come to a head until the first time they try and extract money from me, unless I reach out to them first.
Thanks!
Subreddit
Post Details
- Posted
- 3 years ago
- Reddit URL
- View post on reddit.com
- External URL
- reddit.com/r/LegalAdvice...