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Breach of contract

Mand
Grafter
Posts: 5,560
Thanks: 2
Registered: ‎05-04-2007

Re: Breach of contract

The welcome email is sent *after* the customer has signed up. The customer signs up to the price, and the terms, as detailed in the signup journey.
hulls
Grafter
Posts: 1,699
Registered: ‎30-07-2007

Re: Breach of contract

Quote from: hulls
...
By definition, the "Welcome email" would be sent after the contract had been agreed, and therefore any information in it would probably not form part of the contract itself.
...
If the original information was as quoted (and there wasn't the usual asterisk leading to clarification of the costs), then arguably the OP has a right to rely on that price.  .....

I agree with Mand, that as long as the price was quoted at the time of sign up (although I hate the asterisk thing, where a price is quoted and then you have to go somewhere else to find that it doesn't apply to you), but if the asterisk information got missed for some reason, then (arguably) the OP could rely on the price advertised.
Aside from the contractual point, there is the issue of the Consumer Protection from Unfair Trading Regulations  (which replaced the old Trade Descriptions Act among other things)  If the information wasn't made available, then there is a possibilty of criminal sanctions.  If it was made available, but hidden, then that's a slightly different matter, and if it was ommitted, then again that's a different matter.  I don't want to go into the details here, but everything relies on what information was actually given (or ommitted)  that enticed the potential customer to sign up.
I also agree with Mand that any information in the "welcome email / letter" was after the contract had been agreed, and probably would not have an effect on the terms of the contract.
A screen shot of the advert might help to clear the whole thing up, but I agree with Shutter - it's good to talk
John
pierre_pierre
Grafter
Posts: 19,757
Thanks: 3
Registered: ‎30-07-2007

Re: Breach of contract

Confused.com takes you to the PN page which has this at the bottom

Quote
Stuff you need to know
If you leave Plusnet in your first 12 months after receiving a free set-up, router or house move, we'll charge you for these. If you remain with Plusnet for 12 months after receiving a free set-up, router or house move these charges will be waived. You can also choose to pay for any of these up front if you want more flexibility. Prices displayed are inclusive of VAT. View our terms and conditions.
* - Plusnet Value broadband starts at £5.99 a month for the first 3 months. If you live in one of our low cost areas you'll then pay this price every month. If you live outside of one of these areas you'll then pay £11.99 a month thereafter.

And they are not the first people to not read the bit at the top, its a repeated moan from new users
shutter
Community Veteran
Posts: 22,295
Thanks: 3,811
Fixes: 66
Registered: ‎06-11-2007

Re: Breach of contract

Which does not have anything to do with what the OP posted......
I suggest you re-read the Original Posting, Pierre, which starts off like this
Quote

When I applied to join Plusnet in December 2009 I was quoted a monthly subscription for the Plusnet Value package of £0.00 for the first 3 months, rising to £5.99 thereafter. I agreed to this and accepted a 12 month contract, which was quoted on my Welcome Letter.


You may think I`m stupid,  but I do not see him complaining about having to pay for the router, or other bits if he leaves......
You may think I`m stupid, but I think his posting is referring to being quoted one price..... (£0.00) agreeing to that, and then being charged another price.....
Quote

I am now being informed that this was incorrect and I should now be paying £11.99 a month!!

and
Quote

If I had been quoted £11.99 per month originally, I would probably not have signed up to Plusnet.


pierre_pierre
Grafter
Posts: 19,757
Thanks: 3
Registered: ‎30-07-2007

Re: Breach of contract

it was said that he might have joined via confused dot  and I followed that link and posted what I got it is what he would have seen as well and has been there for a year.  the top of the page is different as is the one if you enter via Tiscalli, but the rest is the same. the only difference is the free period
wurzel
Grafter
Posts: 35
Registered: ‎13-01-2010

Re: Breach of contract

The CONFUSED.COM offer had a Promotional Code "3Confused" which was open for a short time and is no longer available.
shutter
Community Veteran
Posts: 22,295
Thanks: 3,811
Fixes: 66
Registered: ‎06-11-2007

Re: Breach of contract

@ Pierre........I think you must be "confused.com"  Roll_eyes

Quote from: wurzel
cfmorris,
Did you join through CONFUSED.COM ?

The OP did not answer...... so..... who
Quote
 it was said that he might have joined via confused dot
  certainly not the OP .  Undecided
pierre_pierre
Grafter
Posts: 19,757
Thanks: 3
Registered: ‎30-07-2007

Re: Breach of contract

John Hulls is legally correct, its his job, and if you read my quote so is that, Unfortunately for us we dont have a machine copy of the actual page, PN are fond of deleting them at the end of an offer, and unless you come in through the originator of the offer you dont see it, we were given a link to the Tiscalli page though.
When I make any changes now I make sue and keep a copy of the page, you will find on April the 12th that the referenced to page will disappear
cfmorris
Newbie
Posts: 2
Registered: ‎14-03-2010

Re: Breach of contract

Shutter is quite correct. I, and seemingly many others, responded to a Plusnet Special offer which offered Plusnet Value free for the first 3 months,then rising to £5.99 per month. The figure of £11.99 was not quoted anywhere. The first time I saw £11.99 mentioned was in a recent email from Plusnet advising that my subscription rate would rise to this amount from April 2010.  I would probably not have applied to join Plusnet at £11.99 per month, as I had other similar offers to this in the pipeline.
This Plusnet Speciai Offer is obviously aimed to attract new customers, and is then grossly inflated at a later date.
Mand
Grafter
Posts: 5,560
Thanks: 2
Registered: ‎05-04-2007

Re: Breach of contract

@cfmorris, I've replied to your ticket and hopefully sorted this for you now.
I've also raised the priority of this problem internally to ensure that no further confusion is caused.
The £5.99/£11.99 prices are different because we pay our suppliers less in certain areas, so choose to pass these savings on, these prices are available to new or existing customers.
shutter
Community Veteran
Posts: 22,295
Thanks: 3,811
Fixes: 66
Registered: ‎06-11-2007

Re: Breach of contract

Here`s another special offer,. with 4 months FREE 
Quote

Urgent! Standalone Broadband £4/mth
Plusnet Option 1: £5.99/month, 4 months free, 12 month contract
If you're in the right area, Plusnet’s Value package is likely to be the cheapest option. It usually costs £5.99/month on a 12 month contract but until midnight 18 March it's possible to get 4 months free, bringing the effective cost down to £4/month.
To get this deal, you have to go via a special BroadbandChoices* link and tap the code '4monthsBB' in to the box on the checkout page. If you don't use the code or the special link you won't get it, so be careful when ordering.

I do hope that the "welcome email" gets the right prices on for new customers..... BEFORE it is sent out......
VileReynard
Hero
Posts: 12,616
Thanks: 579
Fixes: 20
Registered: ‎01-09-2007

Re: Breach of contract

Are these offers available to existing customers?
If not, why not? Cheesy

"In The Beginning Was The Word, And The Word Was Aardvark."

pierre_pierre
Grafter
Posts: 19,757
Thanks: 3
Registered: ‎30-07-2007

Re: Breach of contract

It has been fully explained that the legal price part is the offer and not the e-mail, that page clearly (well nearly if you are not blind) has the different market prices on it.  The only difference is that you get four months free by putting in the code note the serrated circle and the asterix that points to the other prices at the bottom
Quote
*Plusnet Value broadband starts at £5.99 a month for the first 3 months. If you live in one of our low cost areas  you'll then pay this price every month. If you live outside of one of these areas you'll then pay £11.99 a month thereafter. For customers using the special offer code '4monthsBB' through this landing page the first 4 months will be free.
** Plusnet Premium broadband starts at £11.99 a month for the first 3 months. If you live in one of our low cost areas you'll then pay £15.99 a month thereafter. If you live outside of one of these areas you'll then pay £19.99 a month thereafter. For customers using the special offer code '4monthsBB' through this landing page the first 4 months will be free.
shutter
Community Veteran
Posts: 22,295
Thanks: 3,811
Fixes: 66
Registered: ‎06-11-2007

Re: Breach of contract

As usual, Pierre, you are missing the Original Posters point.... and complaint..... He agreed to sign up to PlusNet BECAUSE he was OFFERED AND ACCEPTED the offer, (in contract terms that is a legal contract, ) Now PlusNet have decided to change the original OFFER by claiming it was a mistake on an email.... YET .... PlusNet confirmed the offer ....
I suggest you read the Original Post AGAIN, and then re-consider your response. .... If necessary.
pierre_pierre
Grafter
Posts: 19,757
Thanks: 3
Registered: ‎30-07-2007

Re: Breach of contract

I have and as James Hull has pointed out, and he by ocupation is a trading standards officer, the welcome letter has no legal standing,   If the original person failed to note the asterix, that is down to him.  We have had a  lot of people in the last year who have done that, and they were not on a special offer
QED