Consumeractive

5 min read

We stand up for your legal rights

My BT phone has never worked, so can I get refund?

LEAD CASE

Q My contract with BT expired in December and because a new contract was reasonably priced I signed up for Halo3+ (www.bt. com/exp/halo), which is ‘hybrid’ broadband backed up by an EE mobile connection. My package includes a digital phone (pictured), but this has never worked. BT keeps pushing repairs back. Can I get any money back?

Chris Lodge

A Yes, BT must refund Chris because it has signed up to Ofcom’s voluntary automatic-compensation scheme. Under this, Chris is entitled to £5.83 for each calendar day (ie, including Saturdays and Sundays) since installation that the phone hasn’t worked. Additionally, BT must pay him £29.15 for any appointments missed or cancelled with less than 24 hours’ notice.

Most other major providers have signed up to the scheme, including Plusnet, Sky, TalkTalk, Virgin Media and Zen Internet – see the full list and more details at

www.snipca.com/49070.

What’s good about this scheme is that companies have to pay it to you automatically, saving you the hassle of chasing them. BT has 30 days to process the refund after it has fixed the problem, or Chris cancels his contract. He should tell the company whether he wants this money paid into his BT account or bank account.

If Chris wants to leave BT, we think he’d have a good case for cancelling his contract early without paying a fee. He’d have to pay for any broadband used, but BT should refund the proportion of the bills that account for his phone line.

CASE ONGOING

What should I do if my emails are ignored?

Q In November, I ordered a frying pan online from HexClad (www. hexclad.co.uk) as a Christmas present. When opened, it contained two flaws. We sent it back on 6 January and received email confirmation. Five days later HexClad sent a lid by way of apology, but I’m still waiting for the pan. They’re ignoring my emails, so what should I do?

Howard Angel

A Howard should try emailing HexClad’s CEO Daniel Winer (daniel@hexclad.com). He may not read it, but one of his staff almost certainly will. In our experience, going straight to the top is the most successful way to get a resolution when a customer-support team won’t reply.

He’s entitled to a refund, and should point this out to the CEO. But because more than 30 days have passed since purchase, HexClad is allowed to replace or repair the pan. If it continues to ignore him, Howard could report the

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