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Legend Fibre - ?bust?

Hi,

So i'm a FFTP customer of Legend Fibre which uses the CityFibre network. Yesterday i got an email:

Date 28/03/2023

Dear customer

Please be advised that as of the above date your broadband services will be migrated away from Legend Communications Limited, Trading as Legend Fibre, to Octaplus Networks Limited.

Octaplus Networks Limited use the same CityFibre full fibre network as Legend and they will honour your current contract price and contract length. Your service will not be interrupted so there’s nothing that you need to do.

Octaplus will be in contact with you to set up your bank details with them directly.

Thank you for your business.


Obviously i've tried to get in contact with Legend to no avail. My internet connection is still up and working (though let's see what tomorrow brings) - but given the issues for customers of Zybre etc. i'm worried this is going the same way.

Not quite sure what my options are - Octoplus wouldn't be my first choice of supplier - they seem to be absorbing a lot of customers from other failed providers and i'm worried about their service being impacted. Clearly my contract is with Legend and they haven't given me 28 days notice of this change.

Any thoughts welcome.

BW.
 
I guess they're using Clause 15.1 of the Legend Fibre contract to effect the transfer:
5. OTHER GENERAL PROVISIONS
15.1 [...] We can transfer the Agreement, provision of the Services and/or our rights and obligations under it to someone else. If we think this might have a negative effect on
your Services or your rights under the Agreement, we will tell you before we do this and ask your permission. You have to give your permission unless it is reasonable for you to refuse it, delay it or put conditions on it.
This would appear to obviously give them the right to punt you over to Octaplus.

On the other hand, 15.1 actually begins:
The Agreement for our Services is only between you and us. You cannot transfer it or your rights to your Services to anyone else, or try to do so.
See how that's lopsided? Legend Fibre can reasonably transfer their side of the contract, but you can't reasonably transfer your side of the contract? That strikes me as an Unfair Commercial Term, which is then challengable.

But. If it were me, TBH, I'd probably accept the transfer, given they're honouring the price for the remainder of your existing contract length. I understand you have concerns about service quality, but why stress about that unless that happens? If they don't provide a fit for purpose service, then you have the ability to remedy that via the Ombudsman or contract law, anyway.
 
Interesting development. I can't see any obvious problem on Legend's company page, although they do have 1 outstanding charge with a debt/investment/loans firm that has existed for a while.

I suspect this may be Octaplus buying out Legend's base for growth reasons. As a Cityfibre-only reseller, I imagine it's tricky for Legend to build much of a base.


I'll see if I can find out what's going on.
 
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I just tested a postcode on Legend Fibre that I know worked before to show their packages, and the order system now just returns this: "Sorry, we're not quite there yet! But we're coming". So they seem to have stopped new orders too.
 
Dear Valued Customer,



We have some exiting news for you!



In our attempt to Supercharge your internet services and give you a competitive edge, we are delighted to announce that we, Octaplus Networks Limited would now be taking over your exiting broadband services from Legend Communications Ltd, trading as Legend Fibre.



WHAT DOES THIS MEAN FOR YOU?



  • Your Internet Speeds will now be Supercharged to meet the current commitments made by Octaplus Networks;
  • Your existing contract with Legend Fibre will be honoured until you reach the expiration date with no changes in your price and contract;
  • You are entitled to the brilliant Customer Support and new age broadband services offered by Octaplus;
  • Your services continue to remain uninterrupted! All you need to do is follow the below link to set up your Direct Debit with us by completing the online form.


To complete the Direct Debit please click here:https://octaplus.co.uk/legendoctaplus/



Should you require any Support while setting the Direct Debit or have any queries, please feel free to write us oninfo@octaplus.co.uk or call us on 03337729009.



GET READY TO EXPERIENCE SUPERCHARGED INTERNET SERVICES WITH OCTAPLUS NETWORKS!



Best Regards,
Team Octaplus

E: info@octaplus.co.uk
Tel: 03337729009
 
I guess they're using Clause 15.1 of the Legend Fibre contract to effect the transfer:

This would appear to obviously give them the right to punt you over to Octaplus.

On the other hand, 15.1 actually begins:

See how that's lopsided? Legend Fibre can reasonably transfer their side of the contract, but you can't reasonably transfer your side of the contract? That strikes me as an Unfair Commercial Term, which is then challengable.

But. If it were me, TBH, I'd probably accept the transfer, given they're honouring the price for the remainder of your existing contract length. I understand you have concerns about service quality, but why stress about that unless that happens? If they don't provide a fit for purpose service, then you have the ability to remedy that via the Ombudsman or contract law, anyway.
You might be right that it's not worth the stress - that said, Legend and Octoplus haven't handled the communication of this arrangement with their customers at all well, which has undermined my confidence in them. I don't like my business being "sold" and it then being portrayed as a positive. As far as I can tell this is becuase Legend has decided they want to exit the consumer market as their business model has failed - just be honest and say that. The reason i'm asking if i have options to leave my contract is because clearly as Octoplus and Legend are treating me part of a "base" they're not going highlight those options even if they are available. If i can leave and chose another supplier then I am at least in control of my own destiny if i decide to stay with Octoplus. That and a myriad other concerns - like whether I can continue to use my own router, that i'm being asked to agree new terms and conditions, that there will be downtime whilst the new connection is set up and they can't tell me when that will be and how long that downtime will last for etc.
 
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Just so people know. I spoke with legend fiber before the migration after receiving the email regarding the migration. Legend Fiber confirmed for me they were moving out of the residential market to focus on business to business services only. They have sold the residential contracts to Octoplus with Octoplus honoring original contracts until the end of contract term upon which point Octoplus can then change terms of pricing
 
Don't Octoplus use CGNAT. If Legend do not. This would be a significant downgrade of your services.
 
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Octoplus do use CGNAT. Legend did too - but I was given the option of paying for a static IP which to my knowledge Octoplus do not. I say "to my knowledge" as I have not managed to get any information out of Octoplus. They have ignored all my emails. Those of us forcibly moved from Legend to Octoplus do not have a valid contract with them. We have no access to any customer service portal - we havent even been given a customer number. The only thing we have had from them is a direct debit mandate to complete.

I haven't yet phoned them - I will wait until I have the patience for what I expect will be a long call on hold! They may have taken over the contracts, and they may have done so "lawfully" according to the clauses mentioned - however they are not offering what the same contracted services. 900mbps as opposed to 1gbps. That may be a small difference - but 100mbps is more than most people actually get so maybe not really that small? They also have cut off any access I had to my home network with CGNAT. Noone can get to my wordpress sites, I cant access my home network remotely - its a mess.

That's in addition to the very very short notice. While they may have some apparent right to do so in the terms of the contract, that also involves selling personal data that is protected under GDPR and I have to give permission for. That contract cannot count as "giving permissions before hand" as I have to be asked if it is ok to give my data to company X - and I haven't been.

Breach of contract and potential GDPR breach, and refusing to answer customers emails. I will be moving away as soon as I can arrange a provider outside CGNAT!
 
Octoplus do use CGNAT. Legend did too - but I was given the option of paying for a static IP which to my knowledge Octoplus do not. I say "to my knowledge" as I have not managed to get any information out of Octoplus. They have ignored all my emails. Those of us forcibly moved from Legend to Octoplus do not have a valid contract with them. We have no access to any customer service portal - we havent even been given a customer number. The only thing we have had from them is a direct debit mandate to complete.

I haven't yet phoned them - I will wait until I have the patience for what I expect will be a long call on hold! They may have taken over the contracts, and they may have done so "lawfully" according to the clauses mentioned - however they are not offering what the same contracted services. 900mbps as opposed to 1gbps. That may be a small difference - but 100mbps is more than most people actually get so maybe not really that small? They also have cut off any access I had to my home network with CGNAT. Noone can get to my wordpress sites, I cant access my home network remotely - its a mess.

That's in addition to the very very short notice. While they may have some apparent right to do so in the terms of the contract, that also involves selling personal data that is protected under GDPR and I have to give permission for. That contract cannot count as "giving permissions before hand" as I have to be asked if it is ok to give my data to company X - and I haven't been.

Breach of contract and potential GDPR breach, and refusing to answer customers emails. I will be moving away as soon as I can arrange a provider outside CGNAT!

I don't get the GDPR breach unless there was a carve out regarding data processing in the clause that permitted Legend to reassign your services to Octoplus. Reassignment clauses are very powerful.

If Octoplus have effectively taken over the operation of Legend, they will become the data controller of the existing customer database just in the same way they take over responsibility to provide the service.

Unless they are spamming you with marketing communications when you previously opted out with Legend, or you have evidence that Octoplus are sharing it with third parties when Legend wasn't doing that, then provided that Octoplus are processing your data in order to perform the contract and otherwise in a similar way to how Legend was handling your data, I don't see you have any cause for complaint.

I get that you're generally unhappy with being transferred between ISPs but unless there is some data processing negligence I would suggest making GDPR (data protection) complaints is probably the wrong way to go.

Be careful for what you wish for - Legend were getting out of this market... At least they found you and all their other customers a new service provider and are seemingly facilitating a managed transition ensuring continuity of service. Another scenario is that they just stopped trading, you get cut off, and it takes weeks/months for the fibre infrastructure provider to get permission from the courts to release the contractural hold on the fibre connection to your home to permit another ISP to take over, leaving you without service for weeks or months.
 
I don't get the GDPR breach unless there was a carve out regarding data processing in the clause that permitted Legend to reassign your services to Octoplus. Reassignment clauses are very powerful.

The potential GDPR was a secondary issue - and mentioned as a technicality. The main thrust of my post was that I was offered a significantly reduced product (100mbps less and CGNAT when I had static IP). This alone is breach of contract.
 
The potential GDPR was a secondary issue - and mentioned as a technicality. The main thrust of my post was that I was offered a significantly reduced product (100mbps less and CGNAT when I had static IP). This alone is breach of contract.

Agree, just wanted to offer some advice on where to focus - fight the battles you can sensibly win.
 
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