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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69362
Experience:  Over 5 years in practice
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I ordered a bussiness broadband fro XLN company around 7th of Setember this year. The

Customer Question

Hi, I ordered a bussiness broadband fro XLN company around 7th of Setember this year. The line was installed 2on 21st of September and from the first day I had fault with the broadband. With the package I received the letter which says that I can cancel the order within 7 days days when it was made. I odered the broadband on 7th of September but services was activated only on 21 of september. When I rang them up within 7 says after services went online, broadband provided told me that it is not possible to cancel services as it is already online and if I want to cancel it need to pay cancellation fee ~£340. I rang them like 10 -20 times, as I have boarnd which worked fine like for 3 days without any issues within last 2 months and 2 weeks. 3 time engineers came to fix the line, but it was not fixed.Last week I rang them again and asked to send me a new router as I thought that it could be router fault, but new router did not solved the problem, still my internet keeps disconecting.
Submitted: 12 months ago.
Category: Law
Expert:  Jo C. replied 12 months ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What would you like to know about this please?
Customer: replied 12 months ago.
Would like to know can I cancel a contract and get a full refund? As this is business broadband and internet connection is essential for it.
Expert:  Jo C. replied 12 months ago.
Do they guarantee that there will not be intermittent connection? That would be unusual but this is a business contract.
Customer: replied 12 months ago.
Hi,
I found only this on the contract.
"17.1 We will use reasonable endeavours to provide an uninterrupted
service, but you acknowledge and agree that from time to time faults
may occur, including faults (such as intermittent faults) which may
recur and have no identifiable cause."
The fault which I am having is from the first day and it continuing for more than 10 weeks.
Expert:  Jo C. replied 12 months ago.
In the sense of no service at all?
Customer: replied 12 months ago.
Usually internet works for up 30 minutes and then disconects, then it need around 5 min till it gets back online. Sometimes it does that continuously.
Customer: replied 12 months ago.
continuously I mean that there is no internet at all, it just keeps disconecting and connecting
Expert:  Jo C. replied 12 months ago.
Ok.
The seven days point just relates to the distance selling regulations. They obviously will no longer apply but that doesn’t mean you don’t have standard consumer rights.
Clearly this service is inadequate. To cancel though you will need to show that there has been a really fundamental breach of the contract. Not providing a service at all for this long would get over the hurdle. Providing intermittent service is harder to say. It would depend how intermittent. I would start keeping a diary.
That said, you are describing the higher end of intermittent so there is an argument.
the truth is it depends how much risk you want to take. They are not going to agree to cancellation lightly I’m afraid. If you do cancel then they will probably instruct debt collectors to pester you. If you are prepared to deal with that then it would be worthwhile.
Another option is to complain to the Ombudsman. That is risk free at least.
Can I clarify anything for you?
Jo
Customer: replied 12 months ago.
Hi, thank you for your reply.
Well there is a log file in router system which show when there was a connection and when it was not. Also I have a several videos ( 5-15) different days which I took when there was no internet connection.
Giving broadband company to court would not solve this?
Expert:  Jo C. replied 12 months ago.
I'm not sure what you mean?

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