Complaint summary

The Customer made a complaint about customer service, disputed charges and internet speed. The Provider had failed to install VDSL broadband and the customer frequently experienced slow broadband speeds due to their home being too far from the local exchange. The Customer sought monetary compensation for the issues experienced. The Provider believed they had acted with urgency to process every order and fault investigation that was raised by the Customer. The Provider stated that this complaint should not be referred to TDR based on 18.1.21 of the TCF Customer Complaints Code, which excludes complaints related to “Broadband congestion or speed, unless the Broadband service is sold with a Committed Information Rate” and as the customer wished for compensation. The Provider did acknowledge that this was an unpleasant experience for the Customer offered a credit of $167.92 to cover two months’ rental for the plan they are subscribed to.

Jurisdiction decision

This complaint was deemed within jurisdiction as it was about customer service and terms and conditions. The Provider suggested an exclusion under 18.1.21 of the Customer Complaints Code, which excludes complaints related to Broadband congestion or speed, unless the Broadband service is sold with a Committed Information Rate. While this is correct, the customer’s complaint encompasses more than just the broadband rate. It was about customer service and terms and conditions. It was about whether the Provider met its obligations in terms of the principles outlined in the Customer Complaints Code, in particular clause 5.

In order for a compensation request to be outside or not within the scope of TDR, the exclusion would need to fit with one or more of the items in Clauses 17 and 18 of the Customer Complaints Code. The reason provided by the Provider is not a reason outlined in Clauses 17 and 18 of the Customer Complaints Code. It was accepted that while a TDR adjudicator may not be able to award such costs, it is still open to the Provider to make such an award at its discretion. As it stands it appears that the Provider has offered a credit. Mediation/Adjudication would be helpful in these circumstances.