In this concise guide we explain how to resolve disputes over broadband performance with an ISP
If this doesn't work you could have the law on your side under the Supply of Goods and Services Act.
Struan Robertson, technology lawyer at Pinsent Mason, explains: "Your contract for a broadband service is with your ISP and not BT Openreach. If there is a problem with the exchange, your ISP should be getting this issue resolved with BT, not you. Ultimately, if you are not getting the service you are paying for and can reasonably expect then the ISP is in breach of contract. "
How to complain and resolve disputes
Below we have outlined the steps you should take so you can hopefully get the
service you are entitled to; remember that speeds do change depending on how far
you are from an exchange, your ISPs contention ratios (how many people in your
neighbourhood share the same connection to the exchange) and the time of day you
go online.
● To back up your case, conduct your own [ speed test] at different times of the day to give a clear picture of the problems you are facing. Remember it could be a problem at your end with your hardware and although your ISP should have eliminated this, some tend to spuriously lay the blame on the consumer. Many ADSL modems and routers provide what is called a Line Loss measurement within their setup and monitoring software. See the manual, but the key information to record from the speed test is the maximum and minimum speed. You should complete at least 20 tests at different times of the days to get a good average. Our speed tester can do this automatically once each hour when the PC is switched on.
● Keep all records including communications with your ISP and your speed tests
● If you have been unable to resolve the issue through normal customer support channels, ask your ISP for details of its complaints procedure. Write a formal letter outlining your complaint, which should be acknowledged. If your dispute has been going on for a long time, Simon Halberstam of law firm, Sprecher Grier Halberstam says you can write a second letter to your ISP requesting a response within seven days as to how it is going to proceed to sort out the problem. If the dispute already involves a third party such as BT, send the letter to this party also, telling them both you expect them to resolve their dispute so you are not further inconvenienced.
● If this fails you need what is called a 'deadlock' letter from your ISP so you can take the matter further to arbitration. Request that the ISP sends you a letter saying that it is unwilling or unable to resolve the dispute with you.
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