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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30929
Experience:  Over 5 years in practice
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I have a question regarding mis selling a product and

Customer Question

I have a question regarding mis selling a product and subsequent charges made for cancellation.
On 1st september my broadband service was moved to a new company BOnline who promised a faster speed than my existing speeds (5-6mb) provided by SKY. Once installed it turned out that Boline speeds were considerably slower than they promised ( 1.9 mb)and in fact even slower than my original company and impossible to operate with. The supplier B online acknowledged that they can not fulfill their promise with regard to the speeds and have agreed to cancel the broad band contract. However, in order to move to BOnline I was required to move my land line which i did. Because i now need to revert back to my old broad band supplier SKY who can at least get me back to where I started speed wise I will need to move my land line back. B online are now telling me that i will be liable to pay a £300 penalty for cancelling the phone line ( only 3 weeks after set up). My dispute is that they did not fullfill thier promise and that the broadband / landline package is one order and can not be treated as two separate orders
Additionally in order to revert to another broad band supplier i will need to move land line, so in effect if i want to get back on line I have to pay £300 ( ransom ) to B online
Surley this is contravening consumer rights
Greatly appreciate some guidance
Submitted: 2 months ago.
Category: Law
Expert:  Ben Jones replied 2 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Customer: replied 2 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Ben Jones replied 2 months ago.

Hi there. Thank you for the live phone call request. I am unable to talk at the moment as I am in court today. However, would it be possible for me to see a copy of the agreement you have with B Online so that I can advise?

Customer: replied 2 months ago.
I can email you the various correspondence with their terms of business but I did not sign a contract it was implicit in agreeing the service
Customer: replied 2 months ago.
cant seem to add files to this page
Customer: replied 2 months ago.
can i forward the emails to you
Expert:  Ben Jones replied 2 months ago.

Hi there. Sure no problem; if you can forward the emails that would be useful too. Many thanks

Customer: replied 2 months ago.
what i do have is a recording on the conversation with the sales rep where he Guarantees 9 mb on the basis i change my number to the talk talk network
Customer: replied 2 months ago.
what is your email address
Expert:  Ben Jones replied 2 months ago.

Is it possible to summarise the content please?

Customer: replied 2 months ago.
In summary, he guarantees that b online will provide a speed of between 9 - 17mb. He tells me that to speed up the transfer the land line will be moved to talk talk and that they will be a number change. I agree to this provided he can show me proof of these speeds which he does in later email showing a speed test. On that basis I agree to switch
Expert:  Ben Jones replied 2 months ago.

I have looked into your query in more detail but unfortunately it is not something I can assist with. I will therefore ‘opt out’ and a colleague better placed to deal with the nature of your query should hopefully pick this up soon. Please do not reply in the meantime as that will just assign the question back to me and you will experience a delay. Thank you

Expert:  Jamie-Law replied 2 months ago.

Hello my name is ***** ***** I will help you with this.

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