AOL contract--How do I stand.

[scaniaman]

After months and months of connectivity problems, made even worse by following advice from their now defunct live help, based in India, I reluctantly decided to contact them by premium rate phone. The first two calls resulted in no improvement to issues. On the third call, i managed to speak with someone with an Irish/American accent. He gave me some advice but computer would not accept this and still no connection. Eventually, this guy said to abandon my DSL connection, and he would send me out a wireless connection which would definately cure problem. He also said that this was free, but i had to agree to a one year loyality contract. OK fine. This new connection worked ok for a couple of months or so, but i am now back to connections not always being available. I e-mailed their accounts dept?? and said that they were in breach of contract as this new system still gave poor results, and i reserved the right to cancel my dealings with AOL at any time in the future. They e-mailed me back saying that they can't allow cancellation of contract, and if i do cancel i will be subject to a financial penalty. How do i stand in law with them?

[locutus]

If you stop paying, you have breached the contract (even though they're not supplying their half properly) so keep paying until it's sorted (I know it not great paying out money for a hardly-usable service, but it's better than them recording a drfault on your credit file!!)

 

Here is a little bit from the AOL code of practice that should help you move forward

Complaints:

We are committed to providing the best possible service to our members. However, sometimes this does not happen as it should. If you are dissatisfied with the level of service you have received or if you have a comment or complaint, please telephone us using the Member Service telephone number 0844 499 5555. If we are unable to resolve your complaint by telephone, please write, including any supporting materials, to the Member Service postal address:-

Member Services

CPW Broadband Services (Ireland) Ltd

IDA Business Park

Cork Road

Waterford

 

Marked for the attention of UK Member Services. We will look into your complaint and respond to you once it has been fully investigated.

 

Dispute resolution:

If your complaint is not resolved to your satisfaction having received a response from the Member Service Team, you may request that it is escalated internally. You may ask to speak to a supervisor at any time. If the supervisor cannot resolve the issue to your satisfaction, and you wish to make a formal complaint, you will be sent an email Comp laint Form. Clicking 'send' on this form will transfer it directly to us for action. Alternatively, if you prefer, you can make a complaint in writing, to the Complaints Management team, Vice President of Member Services Office at the address set out below.

 

What to include in your written complaint:

 

 

• date(s) of incident(s);
  
• name of the representative you originally spoke to, if known;
  
• nature of your complaint;
  
• your full name & address;
  
• your screen name; and
  
• your telephone number
  

Where to send it:

c/o Member Services

PO Box 387

Southampton

SO30 9AL

 

Should this not resolve the matter to your satisfaction, you may refer it to the Chartered Institute of Arbitrators who run the Communications and Internet Services Adjudication Scheme (CISAS), of which we are members. You can find out more about this scheme at http://www.arbitrators.org/CISAS.

 

You may refer matters to CISAS if either (i) you have received a 'deadlock' letter from our Member Services department confirming that no resolution can be reached; or (ii) we have not reached an agreed settlement within three months of receiving your complaint. However, please note that CISAS will not adjudicate in a matter where our internal complaints procedure has not first been exhausted.