Simple clear advice in plain English

How to complain to your ISP effectively

Find out what you should do if you have a complaint about your internet service provider

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Alternative dispute resolution schemes
Once you have this letter or if three months have passed, you can begin formal proceedings against the ISP or phone company using either the Communications and Internet Services Adjudication Scheme (Cisas) or the Office of the Telecommunications Ombudsman (Otelo). These two bodies are the two alternative dispute resolution (ADR) schemes accredited by Ofcom.

Under the Communications Act 2003 an ISP or phone company must belong to one of these bodies. You can check the Cisas or Otelo websites to see which one your ISP has signed up to. However, your complaint must relate to one or more of these areas: accounts and billing, customer services, supply and disconnection or repairs and privacy.

The advantages are that these services are free and independent. You do not need to attend a hearing and decisions reached by either Cisas or Otelo are legally binding on a company.

They can order an ISP or phone company to offer an apology or explanation, provide a product or service or in serious cases can order compensation of up to £5,000 (including Vat). However, if you are not happy you don’t have to accept their decision.

There are drawbacks even to ADR and the biggest is the length of time using this route can drag out a complaint. You have to try to resolve your dispute with the company first, which can cause delays.

And unless the company agrees that the dispute cannot be resolved earlier, you have to wait for three months before applying to either body. Your complaint may not be upheld or even investigated. Although it is free you won’t get back any costs you have incurred even if you win.

What next
If you have exhausted all avenues, there is one option left; the small claims court. You will have to pay a fee but the level will depend on the amount you are claiming. Telling an ISP you are taking it to the small claims court may show them you are serious. But if an ISP disputes your claim, you may have to pay further fees.

If you win your case, the fees may be added to the amount the ISP owes you. You may also be allowed some costs to compensate you for time lost at work. But this will not necessarily cover the total amount you have lost.

Our verdict
Sorting out a problem with an ISP can be a headache but following the simple steps outlined in this article can make it a less stressful experience. Always keep meticulous records to back up your claim including the names of any staff you have talked to.

You may need to hold on to records for a while. We have heard too many ho rror stories of ISPs looming like the ghost of Christmas past, sometimes up to two years after a customer has left them, saying they are owed money.

Read the terms and conditions of your contract carefully and realise you may have charges to pay when you migrate to another phone company or ISP. Don’t bury your head in the sand if an ISP has handed your debt on to a collection agency. But also don’t be scared of them.

Reader Comments

ISP must supply MAC even if there is a dispute over money.

ConsumerDirect ( http://www.consumerdirect.gov.uk/ )is another place to lodge complaints. Even if you are in dispute over money owed to your ISP they can not refuse to give you a MAC...this must be provided within FIVE working days. Further help can be found on the thinkbroadband web site ( http://www.thinkbroadband.com/ )and via their forum.

Posted by Mike Bear, 16 Oct 2009

   

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