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Nutty34 · (This post was last modified: 08-09-2013 10:30 AM by Nutty34.)

Major point there mate NONE of us ever signed anything with Chess Smile

I guess we will find out soon enough, I have emailed them my 30 days notice and have no intention of paying them any early cancellation fee.

clifft · 08-09-2013, 10:36 AM

(08-09-2013 10:25 AM)Nutty34 Wrote: Major point there mate NONE of us ever signed anything with Chess

It doesn't matter, as long as you were informed that Chess were taking over the contract. I would guess that in that note you would have been given the option to terminate at your cost. Contracts get sold to other companies all the time. As an example you might take out a mortgage contract with Fred Bloggs Building society. They can and do sell their mortgage books to other companies. It doesn't mean you are no longer liable to pay the mortgage. They always though have to give you the option to not do business with the new company, but you have to terminate the contract under the original terms.

Nutty34 · (This post was last modified: 08-09-2013 10:40 AM by Nutty34.)

As above, we will see. I am paying them nothing.

For info we were given no options at all, just a letter when we had already been moved. I told both company's at the time that I would not accept the Chess T & C.

clifft · 08-09-2013, 10:51 AM

(08-09-2013 10:38 AM)Nutty34 Wrote: I told both company's at the time that I would not accept the Chess T & C.

In which case I guess they or you should have progressed termination. As you say, time will tell. Interesting times ahead.

Nutty34 · 08-09-2013, 11:00 AM

I have progressed to termination, just took me a little longer than I anticipated. Having Infinity 2 installed on Thursday this week.

As I said before I emailed Chess my 30 days notice over two weeks ago they have still not gotten back to me. Their customer service is appalling Smile

**mirdragon** · (This post was last modified: 08-09-2013 11:26 AM by mirdragon.)

This is from the Terms & Conditions which I have attached

Quote:6. CHANGING THE CONTRACT
6.1 LBO can change the Contract (including the charges) at any time and will publish
any change in line with clause 6.2.
6.2 LBO will publish any changes to the Contract (including the charges) online at
http://www.littlebigone.com (or any other online address that LBO may advise the
Customer), and/or in accordance with clause 10.9, as follows:
(a) for changes that are to the Customer’s significant detriment, at least 14 days
before the change is to take effect; and
(b) for all other changes, at least one day before the change is to take effect

and

Quote:7.5 If the Customer or LBO ends the Contract during the Minimum Period the
Customer will pay LBO an early termination fee, unless specified differently in the
Service Schedule, calculated as follows:
(a). All outstanding call and other variable charges, plus
(b). all outstanding connection and set up fees
©i. the remaining monthly rental charges to the end of the minimum period.
This clause 7.4 will not apply if:
(d) the Customer ends the Contract during the Minimum Period because LBO is in
material breach of the Contract; or
(e) the Customer gives notice to end the Contract within three months of LBO
notifying the Customer of an increase to the charges or changes to the Conditions
in either case to the Customer's significant detriment; or
(f) LBOends the Contract during the Minimum Period for convenience; or
(g) the Contract ends because either clause 9.7 or 10.1© applies.
7.6 When the Customer ends the Services with LBO they will have to pay a cease
charge of £127 (exc VAT). The Customer will not have to pay this charge in the
event they are moving home and LBO are able to provide the service at the new
address. If the Customer is migrating services to another ISP on the Digital Region
network, the cease charge is £45 (exc VAT).

No mention about leaving the network

clifft · (This post was last modified: 08-09-2013 12:00 PM by clifft.)

So assuming having rejected the Chess T&C, that the LBO T&C might still apply, then if you terminate the contract now, then you will will be liable under section 7.5 c. 7.5 e has lapsed and in any case you would have to prove that the new T&C were significantly detrimental. I guess they may have fallen foul of 6.2, but time has passed. Interesting that Origin have no equivalent to 7.6. Is the cease fee payable after the minimum term? Don't think I would have wanted to sign up for that if it is.
10.3 gives LBO right to give contract to third party (Chess) as long as it informs you, which they did.

Nutty34 · (This post was last modified: 08-09-2013 11:59 AM by Nutty34.)

I read the LBO T&C a couple of days ago, however we were told Chess T&C would apply. I am sure they will be available on the Chess website but I have never been sent them or made any effort to read them as I had no intention of staying with them.

@clifft Really not bothered which T&C apply to be honest mate. LBO saw fit to change my supplier without prior notice or consultation, I am taking the same option only I have had the decency to inform them prior to my leaving Smile

I have around 11 months of my agreement with LBO left, so circa £200, if they want to take me to court for that then good on them and good luck.

clifft · 08-09-2013, 12:04 PM

Sorry I updated my last post as you were replying. To reiterate I think they satisfied their obligations under 10.3b.

Nutty34 · 08-09-2013, 12:30 PM

Sort of agree mate, they did inform us AFTER the event. Either way there is no way I am staying with Chess. In the short time I have had them as a provider they have managed to mess my bill up twice and charge for a fraud prevention service that I had never ordered, they ignore email enquiries/complaints and then to top it off they expect you to pay for a service you never ordered and trust them to refund the extra cost the following month ... I think not.

Hopefully BT will be better but I am not holding my breath Smile