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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69359
Experience:  Over 5 years in practice
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hi.my name is XXXXX XXXXX last april I took out a twelve

Customer Question

hi.my name is XXXXX XXXXX last april I took out a twelve month contract with bt for a phone and broadband connection.the engineer arrived and fitted the bt box only and left.i connected my phone and broadband equipment and found that the phone was not very clear and the broadband worked only now and then,after three phone calls the phone stopped working completely.i tried to ring bt on my mobile phone and found it to costly.after a long process of trying to contact bt I resorted to emails.i did get a reply which said that they had checked my account and found nothing wrong,which I dispute.i felt I had no option but to stop any further payments.bt are now pursuing me for 266.00 pounds for the full contract.i maintain I gave bt the chance to correct the problem,which a bt employee agreed in a later conversation that did exsist.do I have to pay to pay this bill for something I have not had.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
I presume you accept that you left whilst locked into a contract?
Customer: replied 3 years ago.


that is correct

Expert:  Jo C. replied 3 years ago.
I am sorry but that's a problem I'm afraid.

Come what may, you were signed up for a 12 month contract. The office of fair trading have criticised rolling contracts recently but their criticism is not law and, in any event, this is not a rolling contract.

You are essentially trying to argue that they repudiated the contracts by failing to provide a service that you found satisfactory. I'm very sorry but the chances that the courts would find that the faults that you describe, even taken at their highest, amount to repudiation are low. In addition to that you have the difficulty that BT did investigate and found nothing wrong which is an evidential problem.

If this were to go to court, however, then you could argue that they are only entitled to a damages claim for lost profits which is not likely to be the sum of the contract.

However, there is a further problem that I should mention. They are very unlikely to sue for this amount. What they will do instead is add a default to your credit rating or at least there is a risk of that happening. If so, defaults are very damaging to your credit rating and they do last for 6 years. You can launch a notice of dispute but the chances that it would be removed are low.

Sorry thats probably not the answer you wanted but it is the position that you have and I have a duty to give you truthful and accurate information even though its not what I want to say.

Hope this helps. Please rate my answer OK SERVICE or above and I can answer your related questions.

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