Determinations

TDR Case Note T010906 (2015)

Background

On 22 November, the Customer requested a transfer of her broadband services to her new address. She wanted the transfer to the new property to take place on 29 November. The transfer did not take place as requested. When she contacted the Provider, she was told the transfer was listed to take place on 14 December. She cancelled her services and transferred to a new Provider. The old Provider then made the transfer on 14 December which disconnected her service with the new Provider. The new Provider charged the Customer a reconnection fee and the old Provider charged her an early termination fee.

The Provider submitted the Customer had placed the order for transfer of service on 13 November and advised the transfer date of 14 December. The Customer was adamant that she had not placed an order on 13 November. She had only completed the one request on 22 November.

The Customer was seeking reimbursement for the early termination fee and the reconnection fee from her new Provider.

Adjudicator’s decision

After considering the complaint the Adjudicator held as follows:

The Provider’s Terms and Conditions allow for it to charge an early termination fee. The Customer cancelled her contract before the term of the contract had expired, and she had not provided any evidence to prove the Provider had got the request wrong. She was therefore liable to pay the early termination fee. The Adjudicator noted the Customer had not provided an opportunity for the Provider to transfer the broadband connection before the due date of 14 December.
The Customer did not provide any evidence to support her claim for reimbursement of the reconnection fee with her new Provider. The Adjudicator found the Provider was not liable to pay the reconnection fee.

Final outcome

The complaint was dismissed.