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Does anybody know if BT is regulated by the Consumer Credit Act 1974.
In February i wrote to BT cancelling my contract, the 12 month period had passed and i was giving them 30 days written notice to have the line terminated on the 25th March 2007 (there is not fee once the 12 months has passed). They have tried charging me for the next quarter 1 April - 30th June 2007 obviously i have refused to pay this as they did disconnet the line. They have sent me a terminantion notice and charged me £35.99 for terminating the contract! on the back it says this:-
'If you entered into a contract for equipment hire on or after 1 January 1985 and you are not a company or other corporate body, that contract may be subject to the provisions of the Consumer Credit Act 1974. If so BT will shortly issue a dafualt notice under the contract as required by section 87 (1) of the act'
I know you dont like the same thread everywhere, i have posted this the telecoms forum but im not sure it will answer my question with regards to the CCA 1974. I really would like to write to BT today.
Does anybody know if BT is regulated by the Consumer Credit Act 1974.
In February i wrote to BT cancelling my contract, the 12 month period had passed and i was giving them 30 days written notice to have the line terminated on the 25th March 2007 (there is not fee once the 12 months has passed). They have tried charging me for the next quarter 1 April - 30th June 2007 obviously i have refused to pay this as they did disconnet the line. They have sent me a terminantion notice and charged me £35.99 for terminating the contract! on the back it says this:-
'If you entered into a contract for equipment hire on or after 1 January 1985 and you are not a company or other corporate body, that contract may be subject to the provisions of the Consumer Credit Act 1974. If so BT will shortly issue a dafualt notice under the contract as required by section 87 (1) of the act'
Re: Is BT regulated by the Consumer Credit Act 1974
Originally Posted by yaffsimone1
I know you dont like the same thread everywhere, i have posted this the telecoms forum but im not sure it will answer my question with regards to the CCA 1974. I really would like to write to BT today.
Does anybody know if BT is regulated by the Consumer Credit Act 1974.
In February i wrote to BT cancelling my contract, the 12 month period had passed and i was giving them 30 days written notice to have the line terminated on the 25th March 2007 (there is not fee once the 12 months has passed). They have tried charging me for the next quarter 1 April - 30th June 2007 obviously i have refused to pay this as they did disconnet the line. They have sent me a terminantion notice and charged me £35.99 for terminating the contract! on the back it says this:-
'If you entered into a contract for equipment hire on or after 1 January 1985 and you are not a company or other corporate body, that contract may be subject to the provisions of the Consumer Credit Act 1974. If so BT will shortly issue a dafualt notice under the contract as required by section 87 (1) of the act'
Are they regulated?
The telephone line rental aspect of it wouldn't be (or doesn't have to be might be a better answer) as you pay it off monthly or quarterly, this sort of contract falls outside of the provisions of the act. However, Consumer hire agreements which last for more than three months are regulated IF the payments do not exceed the monetary requirements of the act. So I would imagine if you've rented equipment, the hire agreement would be regulated!
Re: Is BT regulated by the Consumer Credit Act 1974
Originally Posted by sequenci
The telephone line rental aspect of it wouldn't be (or doesn't have to be might be a better answer) as you pay it off monthly or quarterly, this sort of contract falls outside of the provisions of the act. However, Consumer hire agreements which last for more than three months are regulated IF the payments do not exceed the monetary requirements of the act. So I would imagine if you've rented equipment, the hire agreement would be regulated!
I do not have equipment on hire from BT so i guess you answer my question. It is only the line rental in question here. I just wanted to clear up whether they can issue a default notice under the act and it looks like they cant, not to me anyway.
Re: Is BT regulated by the Consumer Credit Act 1974
Originally Posted by yaffsimone1
I do not have equipment on hire from BT so i guess you answer my question. It is only the line rental in question here. I just wanted to clear up whether they can issue a default notice under the act and it looks like they cant, not to me anyway.
it's a funny one becuase agreements which are cleared in full every month or quarter don't *have* to be regulated although I can clearly remember some mobile phone accounts being regulated in the past.
I guess the only way to find out for sure is to CCA them?!?!
Re: Is BT regulated by the Consumer Credit Act 1974
The answer is that it 'may be subject'. If you only got a phone line from them, and purchased your own phone, the CCA isn't relevant. You had a service contract for a BT line.
Re: Is BT regulated by the Consumer Credit Act 1974
Originally Posted by yaffsimone1
Does anybody know if BT is regulated by the Consumer Credit Act 1974.
?
The fact that their equipment is only Hired/Rented as in "Line Rental" surely makes them Regulated by Default.
15 Consumer hire agreements
(1) A consumer hire agreement is an agreement made by a person with an individual (the“hirer”) for the bailment or (in Scotland) the hiring of goods to the hirer, being an agreement
which—
(a) is not a hire-purchase agreement, and
(b) is capable of subsisting for more than three months, and
(c) does not require the hirer to make payments exceeding [£25,000].
(2) A consumer hire agreement is a regulated agreement if it is not an exempt agreement.
Now was it in 1985 when BT went Private becasue there is a clause in the Exempt
Agreements part of the Act which states:
[or where the owner is a public telecommunications operator specified in the order].
PUTTING IT IN WRITING & KEEPING COPIES IS A MUST FOR SUCCESS
Re: Is BT regulated by the Consumer Credit Act 1974
If you have a phone rented from them, then there is clearly a hire agreement. If not, it becomes rather less clear. Of course, even if it turns out you do not have a hire agreement, they will likely end up serving the default anyway.