Unfair conditions

  Yeldarb 15:45 12 Jul 2007

About five years ago I upgraded from dial-up to broadband. The ISP required a 12 month signed contract ( I don't know if I can legally name the ISP here )
Their service was so poor that I changed after a month. The ISP demanded ( with threats of court) that I pay the whole year ; but I pointed out that they, and not I, had broken the contract.
By a fluke, I found out recently that they had placed my name on a credit blacklist - without my knowledge.
Is this fair ? They did not discharge their side of the contract - but yet can act as their own judge and jury ? YELDARB

  Totally-braindead 15:50 12 Jul 2007

It depends whether you can prove that they did not provide the service. You broke the contract from their point of view as you agreed to stay with them for 12 months, what sort of problems did you have and can you prove it.

  johndrew 15:53 12 Jul 2007

If you stop your payments without agreement you have also broken the contract. Two wrongs don`t make a right. The correct way would have been to `discuss` the situation with the ISP in question and either get them to correct their side of the contract or agree to dissolve it. If no agreement could be reached you should then have gone to an arbiter or court.

This is common to any contract and you are unwise to put yourself at risk by withholding payment.

  Yeldarb 16:19 12 Jul 2007

Thank you Totally-braindead and johndrew.
But that is just the point - their support was non-existant and it was impossible to "discuss"
I rely on emails - but they were completely haphazard. One gentleman emailed me that I was a "knucklehead" for ".always using his email address" His Words. I only used the address I was given by the ISP
Heads I lose Tails I lose ??? Yeldarb

  irishrapter 17:26 12 Jul 2007

Did you sign a Consumer Credit Act?
As far as I know they can only inform credit reference agencies if you are in a credit agreement with them, and with most ISP’s this is not the case.

  tullie 17:35 12 Jul 2007

Off the top of my head i would say your in the wrong,maybe others think different?

  Totally-braindead 18:48 12 Jul 2007

You haven't said what caused you to leave, if for example you couldn't connect at all and this went on for some time then perhaps you might have been able to break the contract but not in the way you did.
I don't know the ins and outs of this sort of thing but refusing payment is not recommended and since you did this, whatever the reason, you are the one who broke the contract. As such legally I think the ISP was within their rights to take the action you say they have taken.

  Pine Man 19:29 12 Jul 2007

Everything that I have read suggests that you are spot on with your view - you cannot just stop paying without taking a number of other steps first.

  Forum Editor 00:20 13 Jul 2007

I doubt it - there are no such things as credit blacklists - it's an urban myth.

If you default on contract payments you're in breach, unless you can prove that the other party to the contract didn't fulfill an obligation, and that's why the ISP threatened you with court action. You don't say what happened - did they obtain a County Court Judgment? If they did, that explains the credit problem - you'll have a note of the judgment on your credit file with one or more of the credit-referencing agencies.

If all this happened five years ago - why are you posting about it now?

  johndrew 10:27 13 Jul 2007

`By a fluke, I found out recently that they had placed my name on a credit blacklist - without my knowledge.`

That`s why.

  Yeldarb 10:38 13 Jul 2007

Thank you all : I still hold that (a) they had my direct debit mandate and (b) their service was grossly unreliable. Important emails did not arrive and many I sent were rejected. And why would I want to change ISP if they had been satisfactory? It causes a lot of hassle to do so. I could get no answer from their "support"
Furthermore, I note that Which ? Magazine this year gave them a very poor rating.
The trading standards agreed with me.
The ISP threatened to take me to court - but did not proceed ....So there was no County Court Judgemwnt I wonder why, if they had a case ?
Forum Editor - I must disagree with you. My name is on a blacklist called "Experian" I only discovered it when I was offered a superstore credit card and thois was refused because of my "bad credit rating". I have NEVER been "in the red" in fifty years. and I owe nothing to anyone else. But I will not pay for scrappy service - or something I did not receive. That is my polemic. YELDARB

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