DSR Query

[MadScouser]

A couple of queries regarding DSR and how they apply to broadband/tv packages.

 

We have recently moved house and as a result had to change provider.

 

1. Does DSR apply to broadband/tv packages ordered over the phone?

2. Would the 14 day rejection period start from order date or from installation date?

 

Many thanks for any advise.

[rebel11]

Hi MadScouser

 

The DSR 2000 is now superseded by the Consumer Contracts Regulations 2013.

 

1) It applies to all consumer contracts.

2) * If you contract for a service over the phone or online, the cooling-off period starts the day after you agree to go ahead with the service.

 

* http://www.which.co.uk/consumer-rights/action/how-to-cancel-a-contract-without-being-penalised

 

Which company are we talking about? Are there service/quality issues?

[MadScouser]

The company is BT(we were Virgin but they cant provide where we have moved to).

 

Due to poor reception we are unable to receive a full freeview service(10 channels our of 70),

and then only within a 1cm range for the aeriel placement.

 

there does not appear to be any mention of requiring an aeriel on the order page,

and I dont believe this was mentioned when the order was place.

 

Having previously had both Virgin and Sky neither require an aeriel connection for all channels.

[rebel11]

Hi Madscouser

 

Go through BT's T & C's, make notes see what they say about cancelling the contract. Have you got an outside aerial?

 

Did you have to pay Virgin any cancellation fees?

[MadScouser]

Hi Rebel11,

 

We have tried various aeriel cables and 2 different powered internal aeriels. We were out of contract with Virgin so no cancellation fees.

 

Thanks for any further advice.

[MadScouser]

Not sure if this is relevant or not, but the TV channels could not be tested until the broadbad had been installed which was done on the 14th August. Would this make any difference to the cooloff period, the order was place on the 5th.

[rebel11]

Hi MadScouser

 

How did you order it?

 

Did you order it over the phone/internet?

 

Internet I think, it would have stated on the order pages.

[MadScouser]

Hi Rebel11,

 

It was ordered over the phone by my wife. I was hoping I could reject the goods on the basis they are not as advertised, and do not meet requirements.

 

Many thanks for any advice.

[rebel11]

Hi Madscouser

 

Write a Formal Letter of Complaint, mark it as such. Explain what's happened (ordered TV package over phone), how they have let you down (you weren't informed during the sales conversation that an external aerial would be required, tell them that when ordering online it does state that an aerial would be required) and what you want them to do (cancel the contract).

 

Send it to:

 

Mr Gavin Patterson

Chief Executive

BT

gavin.e.patterson@bt.com

 

They might/will come back with it's in the terms and conditions sent to you,

 

but lets see what they say.

 

http://www.adviceguide.org.uk/nireland/consumer_ni/phones_tv_internet_and_computers_index_e/consumer_problems_with_contracts_packages_and_offers_e/product_or_service_has_been_mis_sold_to_you_tv_phones_and_internet.htm

[MadScouser]

Hi Rebel11,

 

On the BT tv website it does not mention requiring an aeriel for freeview, it may well do when you go through the order process. But given this is so different to the 2 other major suppleirs(Virgin/Sky) you would have thought it would be prominent in the advertising.

 

Can the letter of complaint be sent by email?

 

Many thanks

[rebel11]

That's the reason for providing the email address.

 

Hi Rebel11,

 

On the BT tv website it does not mention requiring an aeriel for freeview, it may well do when you go through the order process. But given this is so different to the 2 other major suppleirs(Virgin/Sky) you would have thought it would be prominent in the advertising.

 

Can the letter of complaint be sent by email?

 

Many thanks

[MadScouser]

Hi Rebel11,

 

I thought I had better check.

 

Can you check my proposed email over, to see if you think it is ok:-

 

 

To Mr Patterson,

 

I am writing in regard a recent order place for Telephone,Broadband and Television services from yourselves, reference above. The order was placed on 4th Augustand confirmed by yourselves on 5th August. As part of the order your engineers werescheduled to install the infinity2 broadband connection on the 14thAugust. The order was placed over the phone.

 

Following on from the installation we have a major issuewith the television services in the Freeview is unavailable. At no point during the phone order was itmentioned that an aerial connection would be required. We have previously been with both Virgin andSky and neither require additional connections to receive BBC, ITV, C4 and theother Freeview channels. Even though therequirement of an aerial connection was not mentioned in the order, we havetried various aerial cables, and multiple aerial, but have been unable to getsatisfactory service on the Freeview offering.

 

As a result of this we would like to cancel the contract wehave with yourselves for the above services.

 

Please advise once this has been carried out.

 

Your sincerely

xxxxxxxxxxxxxx

 

 

Thanks for any advice.

[rebel11]

I would remove the bit about previous services provider, it's irrelevant to your complaint. State that you were not given the information at the time and that you should have been made aware so you could have given the service further consideration. You could state mis-selling.

 

Bear in mind that they will review the phone call.

[MadScouser]

Hi Rebel11,

 

I have removed that, and sent it off. Fingers crossed.

 

Thanks for your help.

[MadScouser]

Just to update. Bt have agreed to cancel the contract, due to the issues with the Freeview and the aerial requirement not being stated when placing the order.

[ericsbrother]

glad you got a result without too much trouble.