What cooling-off periods do consumers get?

Deliverance XXV

Hi all,

I am just wondering - regardless of ISP, what cooling-off periods do consumers get as broadband customers? The most definitive statement I can find is the comreg one > here <. So, is this what I will be quoting when cancelling?

Some background; I got broadband (fixed wireless) in a few days ago. I only have 2/3 broadband options and all three are local fixed wireless providers. I have a positive experience with one of the ISPs but since moving to a new house I decided to try a different ISP. This ISP has nearly twice the download cap of the previous - which was its main selling point for me!

Anyway, results are not great on my 8Mb down /2Mb up package - once it hits peak times, I get average of 1-1.5Mbps download, 0.8Mbps upload and latency of 60 - 120ms (results are computer -> dish via cable). I also got two disconnects in one night. Times affected are from 6pm to 12pm (not tested on weekends/after midnight). With this in mind, I plan on cancelling (only few days into contract) and moving back to original ISP who seem to handle the contention better (latency is stable but dl can drop to 40-50%)

Thanks

ED E

If you order on the phone or online you have a 14 Day Distance Selling cooling off period. They have to accept a cancellation within that period.

Cooling-off period
You are entitled to a cooling-off period of 14 days, which begins on the day that you receive the goods. In the case of a service, the cooling-off period begins on the day the contract for distance selling was concluded.

In the case of digital content, the cooling-off period expires when the downloading or streaming starts.

During the cooling-off period, you can cancel a distance contract without giving a reason and without incurring charges or penalties, other than possible charges incurred in returning the goods.

If a trader fails to provide you with information on the right to cancel, the cooling-off period is extended to 12 months from the date it would have expired if the information had been provided. If the trader provides the information within this 12-month period, the cooling-off period expires within 14 days of the consumer receiving it.

Chef-1st

So which is it?
Is it 14 days from when you sign up to the service, or is it (as someone else said on the Imagine LTE thread), 14 days from when you are connected up to the service?
I was under the impression it's from when you initially sign up to the service. Which is what it seems to say on comreg too. Am I right there?

ItHurtsWhenIP

Chef-1st wrote: »

So which is it?
Is it 14 days from when you sign up to the service, or is it (as someone else said on the Imagine LTE thread), 14 days from when you are connected up to the service?
I was under the impression it's from when you initially sign up to the service. Which is what it seems to say on comreg too. Am I right there?

It depends :rolleyes:.

If you order the service over the phone or over the internet, what ED_E said above is the case - 14 days from delivery of the goods or service. This is from the consumer rights act, enforceable across the EU.

The COMREG thing:

Changing your mind

The period for changing your mind after initially agreeing to a contract is called a cooling-off period and you have 14 calendar days to change your mind.

The cooling-off period begins from when you enter into a service contract or when you receive the goods. The contract is not binding unless you receive written confirmation or confirmation in another durable form.

Although you are allowed to cancel the contract without any penalties during this cooling-off period, you will still have to pay for any phone and, or, broadband use with the service provider during this time.

The 14 calendar day period during which you can cancel without penalty applies to sales made over the phone/internet or by a salesperson calling to a consumer's home.

What COMREG seems to be doing here is actually giving something which is not normally the case - you can have a cooling off from a door-to-door salesdrone - however, if the drone leaves a copy of the signed contract with you, then the 14 day period starts from then. I thought if you signed a physical contract, in the presence of a salesdrone, then the contract is considered in force from then on until expiry.

When it is over the phone or on-line, then the consumer rights act will trump COMREG's rules and it is 14 days from the date of delivery of the service.

And it was me that said that in the Imagine thread. :P

ED E

The durable form contract thingy has to be off. All telcos use a verbal contract which is valid under contract law. Otherwise 7 months into my paperless VMI contract I could just stop paying and it wouldnt be enforceable. Unless a WAV file could then be sent to me if thats "durable".

dub45

ED E wrote: »

The durable form contract thingy has to be off. All telcos use a verbal contract which is valid under contract law. Otherwise 7 months into my paperless VMI contract I could just stop paying and it wouldnt be enforceable. Unless a WAV file could then be sent to me if thats "durable".

The "consumer rights directive" as it is known is what is relevant here.

"The Directive was incorporated into Irish law by the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 (SI 484/2013) with effect from 13 June 2014."

Confirmation of contract
The trader must provide confirmation of the concluded contract to you in a durable format, such as a letter or email. It should include the information mentioned above, if not already supplied in a durable format. It should be provided within a reasonable time after the contract was concluded, and at the latest:

When the goods are being delivered or
Before a service is provided

There is no provision for exemptions of any particular type of service so all isps are legally obliged to provide the information required by the directive in a durable format.

Chef-1st

So I asked Imagine about it.
They say the cooling off period is 14 days from when you sign up over the phone. Not when it's installed weeks later. So you pretty much have no come-back if the service is not what you expected, as you'd be well over the 14 days before the service is installed.

This is going against what you guys are saying. Is Imagine wrong in saying this then?

ItHurtsWhenIP

Chef-1st wrote: »

So I asked Imagine about it.
They say the cooling off period is 14 days from when you sign up over the phone. Not when it's installed weeks later. So you pretty much have no come-back if the service is not what you expected, as you'd be well over the 14 days before the service is installed.

This is going against what you guys are saying. Is Imagine wrong in saying this then?

Imagine is wrong!

Chef-1st

OK. Interesting that. Might be tough convincing them of that if anyone did want to cancel though!

ED E

Chef-1st wrote: »

OK. Interesting that. Might be tough convincing them of that if anyone did want to cancel though!

Small claims court filing would sort it if they were difficult. Small filing fee no lawyer required.