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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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erratic mobile signal in my flat provider wont let me out of

Customer Question

erratic mobile signal in my flat provider wont let me out of my contract is there anything i can do?
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today. How long have you had the contract for?

PS: Unfortunately this is only an online service so we cannot call you but I will try to minimise the need for you to write

JACUSTOMER-sryf5rx8- :

2yrs been trying to resolve it for almost a yr numerous emails have been sent eventually contacted

JACUSTOMER-sryf5rx8- :

ombudsman who says it is a commercial issue ???

Ben Jones :

People experiencing a poor signal in their own home is certainly not a new issue and anyone can be affected by this. The law will provide you certain protection in such situations and I will explain your rights below.

First of all it is important to consider whether the loss of signal is just isolated to within your house or in your area. If it is just your house then may be due to its structure, thickness of walls, etc and may not be something the provider can do much about. However, if it is the whole area that is affected then that could amount to non-performance and can be challenged as a breach of the statutory conditions under the Supply of Goods and Services Act 1982. That would allow you to cancel your contract without any penalties for early termination. Saying that, it is still important to carefully check your contract with them because there could be clauses dealing with loss of service so you must check whether your situation could be covered by these exceptions.

So if you have tried to resolve this with the provider and the Ombudsman but have had no luck and the erratic signal means that you are unable to use the phone, then you may wish to try and cancel the contract, advising the provider you are doing so due to poor signal and that you are relying on your rights under the Supply of Goods and Services Act 1982. If they try and change you a cancellation fee then you may consider challenging that and seeking a refund through the small claims court.

Finally I am surprised that the Ombudsman has taken that view because I know of cases when they have looked at issues of poor reception but I suppose they may wish to get involved once the provider has made a decision on whether to charge you a termination fee if you wish to leave them.

Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this?

Ben Jones :

I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this?

JACUSTOMER-sryf5rx8- :

Sorry my computer is playing up at the moment will try to get a more comprehensive response to u later this evening-have to get to a doctors appt. now

Ben Jones :

ok get back to me at your convenience, thanks

JACUSTOMER-sryf5rx8- :

Hi Ben sorry 4 delay have managed to get pc working in a fashion a fashion

JACUSTOMER-sryf5rx8- :

pls consider the following 1.when contract was taken out had 15days to cancel.2.moved home bout 6mths later when noticed bad signal they argue that contract was 4 diff address did not want to cancel originally,suggested changing contract to pay as u go.asked to be provided with signal booster alter package to drop tarriffs etc all these were rejected.their last offer was to half cancellation fee caculated from a month ago even though the prob arose in Jan.

JACUSTOMER-sryf5rx8- :

the complex im in is notorious for poor signal but some have acceptable service,ive just aqquired

JACUSTOMER-sryf5rx8- :

another sim on p,a.u.go. at the mo signal seems satisfactory. what do u think my chances of winning are? Im a pensioner and cannot afford to throw good money after bad,Still dont understand what ombud meant that they couldnt get involved as it was a commercial issue.& advised me to contact cit. advice who pointed me to them in 1st place

JACUSTOMER-sryf5rx8- :

Im also concerned with your fee as i could have signed up for legal advice for year with "Which"magazine for about £38 Later Dee

Expert:  Ash replied 2 years ago.
Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

I see the expert has opted out. Please note we are nothing to do with Which, are independent question and answer site.

Do you still wish us to help you?

Alex

Customer: replied 2 years ago.

Thanks for your time think ill try someone else

Expert:  Ash replied 2 years ago.
I am a new expert and happy to help. I think I have the answer for you.

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