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BT phone cancellation charges could be unlawful

23rd February 2010

BT has been accused of "pulling a fast one" over customers after an investigation found it was failing to adhere to distance selling regulations.

A study by consumer group Which? claims the company does not provide "sufficient cancellation rights" when existing customers sign up to renewable contracts over the phone.

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They found that these customers were not supplied with details of their cancellation rights until it was too late for them to cancel without incurring a penalty.

This, the group said, was unlawful as it is in breach of the distance selling regulations which require companies to inform the customer of their cancellation rights, and provide them with a seven-day cooling-off period, when selling goods or services by phone or online.

In their investigation, Which? called BT 10 times posing as prospective customers. Just one sales rep told the "customer" of early cancellation charges while three failed to mention that the contract was renewable - meaning that it is automatically renewed for the same period - usually 12 months - unless the customer cancels it in advance.

Peter Vicary-Smith, chief executive of Which? said:"Many phone companies aren't doing enough to make the cost of getting out of contracts clear upfront and some charge exorbitant cancellation fees."

"We think BT is pulling a fast one by not ensuring some customers get written notice of a cooling-off period and we are encouraging it to formally add appropriate cancellation rights to its contracts as soon as possible."

The telecoms giant has since agreed to introduce an "early termination right" for customers providing them with a "statutory cancellation period", within which they can cancel their contracts without incurring charges.

BT spokesman Michael Jarvis said: "BT complies as far as possible with the UK regulations that implement the EU Distance Selling Directive but in order to provide service to customers as quickly as possible - as they expect of us - it is not possible to give written notification of the information required by the UK regulations before the service starts.

"We make this clear to customers before they complete their order with us and ensure that they accept this before proceeding."

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