The competition between the various companies competing to provide your broadband service is intensifying, and internet service providers are making increasingly dramatic claims to get your attention and your money.
Most of these claims relate to speed, which in reality is nearly always wildly different to that which consumers actually get.
In my case, the provider’s advertised speed was 14 megabytes, but what I actually receive is 3Mb.
If you’ve been caught out by your broadband speed not being what you expected, here’s what you need to know:
- You could argue under the Supply of Goods and Services Act 1982 that your provider isn’t providing the service
contracted for because the speed you were told you would get is not what you are actually getting.
In these circumstances, you could terminate the agreement for breach of contract. However, you’ll need to look at the small print because most service providers say “up to” a specified speed, in which case you will be bound by the contract unless you can show that the small print was not highlighted to you.
- Alternatively, you could have a claim for misrepresentation under the Misrepresentation Act 1967, on the basis that you entered into the contract on the misrepresentation that it would provide a certain speed.
- If you need to complain, approach your provider first, quoting the above laws.
If they fail to deal with your complaint, ask which alternative dispute resolution scheme they belong to and complain to them.
There are two schemes: Otelo Office of the Telecoms Ombudsman, and CISAS – Communications and Internet Service Adjudication Scheme.