Plus net unable to supply internet and want to charge me £155 to leave.

[#1]

@Gandalf

If it were the case that the user's new location is FTTP Only, then I suggest that this part of the T&Cs comes in to play...

18.3. If any change is to your material disadvantage (and isn't as set out in paragraph 18.1.5) you may end our agreement for any affected service by giving us notice of your intention to leave within 30 days' of our notice. If you do so, then:

18.3.1. you won't have to pay any increased price or charge for your service during the notice period;

18.3.2. even if our agreement has a minimum term you may end our agreement for any affected service without paying any early termination charges; and

18.3.3. we'll also end our agreement for any other service(s) that cannot be provided without the service you have chosen to end (and you won't have to pay early termination charges for the other service(s)).

I suggest that PlusNet's decision to withdraw from the FTTP market is a change of material disadvantage and therefore termination of the contract without ETCs should apply here.

[#2 · Accepted solution]

Thanks again for your time on the phone @jack087

I've emailed you following our conversation.

If you have any further queries, please feel free to let me know.

[#3]

@Gandalf thanks for clearing the account with out charge... Jack

[#4]

No problem.

To be clear we don't normally waive early termination fees , but on this occasion we have done.

All the best with your new provider and hopefully we'll see you back at some point in the future.

[#5]

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I would have agreed with the policy of invoking the contract terms if it hadn’t been for:

@jack087 wrote:

I rang to make plus net aware that I will be moving and I shall be taking the internet with me. Man on the phone said " when you move in to your new address, give us a call and we shall set it up for you", 

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Unfortunately it appears that you should not trust anything that Plusnet agents tell you as there may be conflicting caveats buried in the lengthy legal stuff. This is why we all should carefully read all the terms and conditions during the cancellation period. As I understand contract law, it is the latest communication that has precedence, so as agreeing the contract comes after the agents sweet talk the contract terms apply, unless disputed within the cancellation period.

Caveat Emptor!

[#6]

There is devil in the detail here - there is a difference between a generic statement in principle (as made by the agent) and the specifics of an individual case.  In this case Plusnet cannot offer a product in this user's new location.

This case has been raised in the SU discussion group.

[#7]

From a contract point of view Plusnet are correct.

From a pragmatic point of view, this is a relatively rare occurrence, which potentially costs the subscriber quite a bit of money and results in considerable ill-will and bad publicity which many companies would choose to avoid by taking the financial hit themselves (and I don't believe for a minute that it would actually costs Plusnet the £155 requested).

Also the subscriber has no control over which properties Plusnet will provide a service to - only Plusnet decide that, which could arguably make the contract term unfair to the subscriber.

I'm afraid this is another reason to not use Plusnet - after being a relatively happy customer for a number of years, this year is my last.

[#8]

I'm sorry that this situation has furthered your dislike for Plusnet @corringham, please do let us know if there is anything else at all we can assist you with.