Terminating Plusnet agreement query / Small claims case

[SZFhKP]

Hello!

Assume A is looking to terminate his 18-month broadband contract with Plusnet within term. Also assume that A is happy to pay the contractual penalty of £55 for his early termination.

A initially telephones Plusnet's customer service department and selects the option for contract termination and hangs up after Plusnet fails to answer after 15 minutes. He then rings back and informs a Plusnet customer service agent of his decision to terminate his Plusnet broadband contract. The agent refuses to "accept" the termination, saying that only the "retentions" team is allowed to process and "accept" terminations. A recorded said call and is able to evidence the call was made.

A receives an e-mail from Plusnet informing him that he must speak to the "retentions" team. A responds with a written Notice of Termination submitted via Plusnet's customer service portal.

A delivers to Plusnet a final warning prior to court action notice in writing via Plusnet's complaints form. Plusnet responds refusing to "accept" the termination, on this occasion citing "data protection" reasons.

A believes that Plusnet's behaviour are stalling tactics and is minded to take Plusnet to the small claims court in order to recover owed subscription fees and for the court to declare that the termination notice was effective. A was not able to find any clauses relating to the method of termination in Plusnet's terms.

Would A likely win his case in the small claims court?

Thanks in advance!

[R0b]

Possibly, it depends on what Plusnet terms and conditions apply.

If you only need to give notice of termination and they are insisting you must speak to X or Y, then it could be seen as a repudiatory breach which could entitle you to terminate without penalty.

Till we know what T&Cs apply to 'A', can't really say what chances of success A has.

[SZFhKP]

Till we know what T&Cs apply to 'A', can't really say what chances of success A has.

Well, the T&Cs which apply seem to be these (https://www.plus.net/help/legal/terms/archive/fpc/). The terms seem to not specify the method of termination..

[R0b]

Those aren't terms and conditions, it's a page with a sub-set of terms and conditions. Seems to me that the Plusnet Standard Terms, Package Terms, Broadband and Fibre Service Terms and Phone Terms could all apply in relation to your broadband contract (maybe they all do?).

Pretty much all of them talk about ending your agreement and paying an early termination charge but nothing in there that I can see which says specificly you must speak to the Retentions Team to terminate your agreement.

[SZFhKP]

It seems as though the "standard" and "broadband" terms apply, but as you say, nothing is specified with regards to the methods of termination..

[SZFhKP]

After further research it does appear that Plusnet's "Standard Terms" do specify the method of termination (Clause 19):

"19.2. Communicating with us: If you wish to give us notice, you must do so by either:

19.2.1. phoning our customer service team; or

19.2.2. writing to Plusnet Plc, The Balance, 2 Pinfold Street, Sheffield, S1 2GU.

19.3. Communicating with you: We'll give notice to you via our website, by email or by post to the address where we provide the service. It's your responsibility to ensure we have an up to date email address. Any notice given via a website update or by email shall be deemed to be received on the day of transmission. Postal notices will be deemed to be received two working days after being sent."


In times of Covid-19, limiting the consumer's right to terminate to merely post and telephone does appear to be an unfair contract term since the only reason Plusnet decided to introduce such a term is to make it as hard as possible to switch suppliers, while the terms give Plusnet the right to give notice by e-mail, website and post. A would be looking to ask the court to strike down Clause 19.2 as an unfair term.

A has in his possession audio recordings of telephone calls with Plusnet's customer services department, which show that A passed security and then informed Plusnet of his decision to terminate the agreement.

Does anyone know whether the small claims court has powers to order Plusnet to not not enter supposed "debts" into A's credit file? What about powers to order Plusnet to cease sending A harassing text messages?

[Winfred]

It seems as though the "standard" and "broadband" terms apply, but as you say, nothing is specified with regards to the methods of termination..

I took Plusnet to the Small Claims Court over a breach of broadband service and won £200 for four days outage due to negligence. Plusnet were legally represented but at no time did they mention their terms and conditions. The Judge was highly critical of Plusnet's customer service and directly admonished their barrister at the end !!