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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70199
Experience:  Over 5 years in practice
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My broadband is faulty since 5 days - I reported to the company

Resolved Question:

My broadband is faulty since 5 days - I reported to the company 5 days ago. Can the phone company be considered in breach of contract? Do I have the right to cancel my contract for free (still 17 months left) because of them not repairing the fault since 5 days?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
It depends what was guaranteed. Probably they did write into the small print that there may be disruptions.
However, five days is excessive even taking that into account. That said, your claim for that level of breach is in financial compensation - for instance, a reduction in the price that you paid. You do not have the right to demand that you are allowed to cancel. This is not a repudiatory breach I'm afraid unless this carries on for much longer. Its not much more complicated than that I'm afraid. You do have a claim but not the right to cancel yet.
I'm very sorry if that is bad news.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.
The fault is not yet repaired, how long does it have to last for me to have the right to cancel for free?
Expert:  Jo C. replied 2 years ago.
There are not set time periods. Its a question of fact and degree for the court but unless it went on for several months you would struggle to get a court to say that the breach could only be marked with allow you to leave the contract Im afraid.
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