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BT Refuse to Cancel Phorm-ed Broadband Contracts

Posted: 19th Jun, 2008 By: MarkJ
Customers trying to cancel their broadband contracts with BT have been told that they can not do so because the pro-Phorm changes to the ISP's Terms & Conditions (T&C's) do not allegedly represent a material change of the contract. However, noteworthy anti-Phorm campaigner Alexander Hanff, disagrees. Writing on his nodpi site, Hanff states:

Do not forget that a court must adhere to Human Rights Act 1998 so it would be impossible for them to give a judgement against you if you are cancelling a contract because of a material change which effects your rights to privacy. There is literally no way at all in my mind that BT could enforce termination fees for people cancelling their contracts before the end of the term based on changes to terms and conditions which impact on privacy.

So if you want to cancel your contract with BT because your contract terms have changed, just do it. Make sure you do it in writing explaining that you are cancelling because of a material change (cite the terms which have changed) which is a right afforded to you by the Unfair Terms in Consumer Contracts Regulations and under common law. Explain you will be cancelling your direct debit immediately (no need to give them any notice) and send the letter by REGISTERED POST.

Do not let BT bully you into staying in a contract you don’t agree with, contracts are a two way street and they need the agreement of all parties to be valid, if you don’t agree with having all your communications over the web intercepted, copied, modified and profiled - cancel that contract!

Meanwhile The Register has reported that Phorm failed to inform the government about its secret trials with BT during a private meeting held with the Home Office in August last year. The meeting itself was arranged in response to a Freedom of Information Act (FOI) request from a member of the public.

Sadly neither side is willing to divulge what transpired during the meeting, which is apparently because it is still the subject of an ongoing FOI inquiry. Those wishing to learn more about Phorm may also like to read yesterdays interview with Alexander Hanff - here.
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