Getting out of Contract

ai ing

So I went in December and ordered wireless broadband from a company nwewn.com and got it installed just before Christmas. At first it was great, I ordered the 1mb/128 for €25 per month and at the start the speeds were great - nearly the 1mb the whole time. But a couple of days after Christmas there was a major slowdown, speeds constantly around 128kbps no matter what time of day or night and this is still ongoing. The speed NEVER rises above 128kbps.

I have rang there support line many times and the woman there cant help me at all - "I am going to have to wait until the engineer gets back" etc, etc. I have emailed them and have received no response at all even to the email address the support line gave me to escalate the problem.

Come near the end of January the first payment was due to come out of my account but there was no way I was going to pay so off I went to the bank and cancelled the standing order thinking that maybe now thaey would fix it if they notice they are not getting paid. But no , two weeks after the payment was due I have still not heard from them!

Also Eircom have gone and enabled the local exchange 4 months early and my number passes :eek:

To top it off when the dish was getting installed they were doing the neighbours as well but they put both of the dishes on my chimney!!

At this stage I just want to get rid of them but my question is can I? I have a 12 month contract with them but does this crappy service give me an out of the contract? What steps should I take to make sure I get out paying as little as possible?

I have been running speed tests since the first week of January and have screen caps of all the tests run. I have a router but I have tried it with and without the router using my pc and my laptop and the speeds are always the same.

Appreciate any advice.

hshortt

The lack of speed would not help you to break out without penalty, as the provision of the service in the contract is subject to conditions, which is their way of saying we do our best but you may not get full speed.

However, the lack of response to your service request is where you can nail them. If you have a service ticket reference or anything you can put it to them even over the phone that unless they attempt to fix your problem by a certain date or time that you will cancel the contract.

You do have to let them have a crack at fixing it though, but your case will be much stronger then.

Have a read of your contact there should be a bit on termination.

cheerio
Howard

ai ing

The problem is that they have no system to deal with service requests - no ticket number and probably the calls are not even logged. How long do I have to give them to fix it? Its been over a month since my first call already

bk

I'd say under the Sales of Goods and Services Act 1980, they are not supplying you with the service you have applied for and therefore it should be possible to break the contract without penalty.

Send them a registered letter, informing them that they haven't supplied you with the service ordered, that they haven't replied to your support requests and that you want to cancel the contract.

ken90

Nail them about d second dish.

This probably puts u in breach of planning.

Talk 2 solicitor or citizens advice.

-l-Z3k3-l-

you can definatly get them over the second dish on your property
they have defaced your property without your consent, so thats bad news for them.

ring them and tell them you want your contract terminated and both dishes removed or you will take legal action against them

might aswell see can you call their bluff
(even though if you went ahead with it you'd prolly win)

anoble66

ai ing- i am in the same position as you, crap service from day 1. 60% packet loss and latency. Called and emailed tech support many times and did not get much of a response. Threatned to cancel, they escalated to a l2 tech who said the signal on my roof was bouncing and would get an engineer out to fix. Waited 2 weeks, nothing..so i emailed a supervisor saying i was cancelling the contract as they had failed to provide the service as advertised and also failed to fix my problem. She said ok, and started the cancellation process, i cancelled my direct debit. Got a call from one of their engineers last friday to take down the aerial, put i couldnt get away from work so he said he would re-arrange it. TODAY - I get an email from the same supervisor saying "sorry, you were above contention the whole time, so we are not cancelling the contract" :mad:

now i dont know where the fcuk i stand, have signed up with a different ISP now as i thought it was being cancelled due to the engineer visit...

bk

anoble66 wrote:

now i dont know where the fcuk i stand, have signed up with a different ISP now as i thought it was being cancelled due to the engineer visit...

Tell them you have cancelled the service. If they disagree tell them you will happily take them to the small claims court. It is really easy to go to the small claims court and (while ANAL) in your case the judge will probably side with you (the service didn't work, they agreed to cancel the contract, know they won't cancel now, it looks really bad for them).

Even the threat of the small claims court gets most companies to agree to your demands.

In most cases when you go to the small claims court, the company doesn't even bother to turn up and you automatically win the case.

anoble66

hi bk

yeah, think i might have to if they insist on not releasing me from contract, ive cancelled the direct debit anyway, but thats not the point..I dont really fancy being black listed because they keep me under contract..

they really are a joke, cant believe they are actually signing up new customers

ai ing

Well I have emailed them to cancel the service stating that I do not expect to be billed. Thrown them the figures about how long I have been waiting for the problem to be fixed, complete lack of response, and about the second dish including photo. As an extra goodie I cc'd consumerline@comreg.ie, might just give them an extra push.

Just to be sure I'll probably send the same stuff by registered letter tomorrow and call them - they probably wont respond otherwise :rolleyes:

Sponge Bob

I PM'd you some details that may help but do not post them up please....at least not until you are out of contract . Comreg did not licence these guys I fear , maybe the more competent Ofcom did , see www.ofcom.org.uk .

ai ing

Thanks for the details Sponge Bob. Hope it will make a difference. I am getting threatened with the whole " you signed for a 12 month contract and if you cancel you will have to pay the whole lot". As suggested I quoted the SALE OF GOODS AND SUPPLY OF SERVICES ACT, 1980 at them. Hope it works or maybe at least confuses them (Northern Ireland company - not their law )