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Jenny
Jenny, Solicitor
Category: Law
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Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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I switched to Pop Telecome after a telephone call from them

Resolved Question:

I switched to Pop Telecome after a telephone call from them telling me they could save money. I asked specifically because I am not technically adept, if I would expereince any issues with the switch over etc and the lady who spoke to me assured me that I would not.
From the very beginning I experienced problems - calling them and telling them I wanted to end my contract with them there and then because of speed issues, but they reassured me that speed would be improved within 12 days - as the line had not reached its maximum potential.
I rang several times after thant - however, this service provider - at the time - did not see fit to have technical people on call outside of working hours - as seeing as I worked full time, I could not get satisfactory results from any calls I made to them bacause I was not sat infront of my computer at the time to answer and questions.
They tried sending me speed tests via e-mail - even sending one to my works e-mail - but the internet access was so slow the speed tests would not run.
I wrote to them and explained all of this however, they are still insisting that I did not co-operate with them in trying to remedy the problem.
I ended the contract early - unsatisfied with the service from thevery beginning and trying to tolerate it as much as possible, but when I could not gain access to my bank account etc., enough was enough.
I paid all my bills in a timely fashion, the only amount outstanding on the account is an early termination fee of £268.60 for which they are threatening to take action against me for.
Can you assist me?
Jayne Mills
Submitted: 2 years ago.
Category: Law
Expert:  Jenny replied 2 years ago.
Hello my name is ***** ***** I am happy to help you today.
Did you ever receive an adequate service from them?
Customer: replied 2 years ago.

No. As I explained, the internet service was always very slow - it would take ages for any serarch to come up - e.g. my internet banking - and if I tried to run a program - e.g. their speed test, then they would fail half way through.

I complained to them almost from day 1, so they were aware of it.

I thought it odd that they would send a speed test to my works address.... and for no technical support to be available in the evenings or weekends was very odd for such a service provider.

Expert:  Jenny replied 2 years ago.
Ok I would not pay them the cancellation fee under the Supply of Goods and Services Act when you pay for a service you have the right to expect it to be as described and of a reasonable quality. If they fail to do this then you have the right to cancel the contract and, if you can show the quality was never satisfactory you have a right to a refund of the monies paid.
From a practical point of view I would contact your local trading standards (normally within your local Council) and lodge a complaint. Trading standards will give you a reference number for you to use in correspondence which will make the company see you are taking this seriously.
You have 2 options you can either tell them you are not prepared to pay the cancellation fee and say that if they attempt to claim this you will counter claim under the Supply of Good and Services Act for money already spent.
The other option is to threaten legal action for the money you have already spent from the outset.
I think that the first option is more likely to result in a compromise.
If you have any further questions please ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
Customer: replied 2 years ago.

I am concerned with this issue because the company keep saying that I did not co-operate with them in trying to rectify the problem.

However, again, because I work full-time, and I could not contact them whilst in work (unless my boss was out), then trying to get hold of their technical team was difficult. When they were available I was in work and when I was at home, they were closed.

All their correspondence to me relect my seemingly lack of co-operation! How do I overcome this?

Expert:  Jenny replied 2 years ago.
You need to point out the ways in which you attempted to communicate with them to resolve the situation. It is ridiculous for them to suggest you should have taken a day off work for this. They should provide a service that allows technical support outside of working hours. I would just stick to your guns on the fact that you were told that you would not experience issues with the switchover and when you raised this they were not able to resolve them and that it is unacceptable for a service provider to expect you to take time off work to deal with this.
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