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Help with Part 8 claim against Fasthosts


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Hi,

 

Need some advice on this one. Basically this is the problem.

 

1. Around 2 years ago my parents had broadband supplied by fasthosts. They decided they didn't need it anymore so they cancelled the direct debit. They have not used the internet since. It was on a 1 month contract so theres no breach of contract issues etc. They have not paid anything to fasthosts for 18 months.

 

2. They now want to sign up for broadband again but with an alternative provider. But the problem is fasthosts still have a "tag" on the line which prevents anyone else providing service.

 

3. We have tried phoning thier customer services (in india) but they will not enter into any discussion without us supplying an account number and pin number which we just dont have. If you cant provide that they literally just put the phone down.

 

4. We have also sent 2 letters, 3 emails, 3 faxes to thier head office in gloucester and recieved no response from any of them. The emails just get returned stating they will not be read unless they contain an account number and pin.

 

5. The new broadband provider advised us to make a compaint to Ofcom. Ofcom then said that they dont get involved in individual disputes and we should perhaps seek legal advice and remedy.

 

6. I think if we issue a part 8 claim in county court we can get an order that the tag be removed. Has anyone done anything like this before?

 

Thanks

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BT did run a tag removal helpline on 0800 1699576 dunno if that's still up and running as it was a few years ago!

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  • 2 weeks later...

The issue you've STILL got, is that you cannot arbitrarily stop paying and expect your service to cease. your monthly contract would continue until you give due notice of your intention to cancel - THIS is where the 30 days comes in. If the debt continued to escalate each month, then even if the line was suspended for non payment, the amount owed would still continue until the decided to terminate the service. They will then be due all amounts up to that date, assuming the initial minimum terms have been met.

 

As you owe them money, this is why the tag remains on the line, as there is a debt still outstanding. Pay this and the tag disappears. I would not advise court action, because the would counter-claim against the original account holder, and create a bigger mess. Also, there is a possiblity FH may have reported the problem to a credit file, and finding a new supplier, even without the line tag, may be difficult.

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