Telewest incompetency

[kevrapley]

Hello board, I would like to ask for some help on behalf of my girlfriend. She and her housemates took out a student package deal with Telewest with one of these guys who canvas students at the union. They were verbally told that the package would last for 9 months to coincide with the lease on their student property.

They were also told that the service would run at a 10MB level but this has currently never reached this level and only runs at just 4MB. They were told it would rise from 4MB to 10MB within 2 weeks of signing the contract. This never happened.

The situation now stands that in the small print, the contract must last for 12 months. The service still runs at 4MB. They wish to charge my girlfriend £50 in charges for cancelling the service short of the 12 months, however they have completed the verbal agreement of 9 months.

Is there anything that they can do to cancel this contract without paying the charge, possibly based on the verbal agreement and the fact that the service paid for has not met the required level?

Documentation is available to prove the service should now be 10MB, however as I said before the small print reads as follows:

20. Customers are required to commit to a minimum of 12 months in respect of each service (e.g. a phone package, a cable television package or blueyonder broadband internet but excluding blueyonder Pay-as-you-go and blueyonder Surf Unlimited which have a minimum period of 30 days).

[Bookworm]

You have a problem.

It's well known that most telephony companies have a 12 mths minimum contract. Your written contract says 12 months. It would be your word agaisn theirs that the salesman said 9 mths, and tbh, the balance of probabilities would not be in your favour.

The 4 mb is another issue. For starters, the 10 mb is a maximum on upload they quote, and the reality is that it very seldom is so, and certainly never on download. Secondly, as the upgrade is supposed to be a free one, and subject to regional vagaries, you can't say there's been a breach of their contract when there's been no price increase for that service that didn't happen...If you follow me... Basically, you haven't gained anythign, lost anything...

You would have to be able to prove that you only took the contract because you had been promised an upgrade to 10 mb, and that you have suffered a loss of service due to that upgrade not happening... Yeah... Can't see that happening...

I'm always happy to be corrected if someone knows better, but on this one, I'd say you're on a hiding to nothing. Just my opinion, mind.

.

[kevrapley]

Thanks for the reply, I thought as much myself. This won't deter me from writing a letter to Telewest and pulling a few heart strings (if they have any). Sometimes it manages to land on the desk of someone who takes pity. 12 month contracts are useless to students and recommendations will certainly not go in favour of Telewest to the next residents if they decide to play hard ball.

[clairus99]

Yes, the 10mb thing, you don't have much hope with, it's more to do with what your computer/line is capable of handling, and that also depends on how many other users you are sharing with and at what time of day. Or something like that. I used to work in IT at Telewest, which would explain why I don't really know.... Funny, I knew a lot more BEFORE going in there....

Anyway, although I left 3 years ago, the company where in such a two-n-eight that they would do anything to keep their customers (although not having the remainder of your contract would be on your side).

They're in a two-n-eight now, and have just announced the whole of their 12 floors Head Office in Woking redundant (LOLOLOL - that's where I worked!)...

Anyway, as kev just said, 12-months is standard and I assume the £50 "fee" is for the remaining 3 months - or is it on top of that? If it is ONLY that, then maybe that's better than paying whatever they're paying out monthly now?

I can only suggest, if they haven't disconnected already, to ring them up on the first day of the 11th month and announce that they do not wish to continue the service after the last day of the contract, and then immediately find a supplier who they think they will be more happy with. Or bargain the hell out of them and then ditch them (which is what I would do, personally).

Sorry that's not much help, but I sincerely wish you the best of luck.

[ROME2MANDALAY]

It is well known that both ntl and telewest advertise at freshers fairs etc 9 month student contracts insist on speaking to a manager possibly another course of action would be to use the students union I am sure these two companies do not need any further bad press.

[kevrapley]

Thanks ROME2MANDALAY I will also try this. How did you come to know that it is well known that both ntl and telewest advertise at freshers fairs etc 9 month student contracts?

If you could point me to any useful information on this that would be really great.

[ROME2MANDALAY]

Originally Posted by kevrapley

Thanks ROME2MANDALAY I will also try this. How did you come to know that it is well known that both ntl and telewest advertise at freshers fairs etc 9 month student contracts?

If you could point me to any useful information on this that would be really great.

Hi I work for ntl and have signed up students at freshers fairs. I believe the discount code they use on there billing system is STUDC and this should be added onto the customer account, however, this is sometimes ommited.

[sequenci]

have you asked them for a copy of the contract?

i spent 4 weeks working in their offices and they are a very slack firm when it comes to their paper trails.

[MARTIN3030]

We have been with telewest for about 6 years.
We have the internet phone and TV package that costs us 50 quid a month.

When we recently saw them advertising the same service for 30 quid I contacted them.

TW "sorry this service is for new customers only "

But what about loyal customers I asked ?

TW " We are in business to attract new customers and have to offer incentives to them "

But 20 quid less ..................


TW "When you joined we gave you first month free and did not charge you any installation fees..."


But that dont add up to 240 quid a year less...............

I asked them if they were prepared to consider existing customers ????

TW "Sorry its not possible ".....Strictly for new customers.

I asked if I cancelled my services and then re-applied as a new customer if I would get the new deal ?

TW ......(LONG SILENCE)..........errr I think its quite likely yes but please dont quote me.


I said I was thinking of doing this.

TW ahhhhh but this would leave you with no services at all and could take up to 72 hours to complete

72 hours I asked ?

TW yes because we have to collect your modem and set top box

So its a bit of hassle for me to do ???

TW "Afraid so.......is there anything else I can do for you today Mr x ?"


the mind boggles.................. ......

[StoneLaughter]

He was lying... if you're an ex-customer at that address and/or that telephone number, you will not get the offer. All you can do is move house and THEN reapply.

It's the same with Sky...

You've seen the adverts for Nationwide I take it? "Brand new customers only!"

[sequenci]

Originally Posted by MARTIN3030

the mind boggles.................. ......

ask to speak to their customer relations team. they will amend it for you (although you can bet your bottom dollar it will be subject to a new 12 month term)

[MARTIN3030]

Originally Posted by StoneLaughter

He was lying... if you're an ex-customer at that address and/or that telephone number, you will not get the offer. All you can do is move house and THEN reapply.

It's the same with Sky...

You've seen the adverts for Nationwide I take it? "Brand new customers only!"

Of course............I actually think they are hilarious.........especia lly refusing the pen !!!

Mind you I dont think their pens cost 20 quid !!!

[MARTIN3030]

Originally Posted by sequenci

ask to speak to their customer relations team. they will amend it for you (although you can bet your bottom dollar it will be subject to a new 12 month term)

Wouldnt mind signing to save the difference............... I actually not signed a new one since the ending of the first .....5 years ago !!

[kevrapley]

Originally Posted by ROME2MANDALAY

I believe the discount code they use on there billing system is STUDC and this should be added onto the customer account, however, this is sometimes ommited.

This is great information, thank you ROME2MANDALAY. I am going to do some more research into this. I feel I have some stronnger firing power now, thanks to everyone for your help. I will let you know how we get on.

[MARTIN3030]

Whats the chances of taking telewest to the small claims for unfair penalties ?

If they are offering NEW customers a package for 30 quid whilst still charging existing customers 50 then surely its an unfair penalty charge ??

I have NO contract so theres nothing they can challenge from that.

thoughts please


Maybe I should send them a LBA ?

Surely nothing to lose by doing so ?