today I was calling ofcom , very nice guy on the phone and I have send a mail to consumer direct. He said to me that this fair use policy is a catastroph

I prupose a Class Action Lawsuits if you know what it is . I think it's alots better as a petition

angel_xxl1:I propose a Class Action Lawsuits if you know what it is . I think it's alots better as a petition

Well ...

1. I am not quite sure whether there are such things as "Class Action Lawsuits" in the UK. Does UK law work like that?

2. I am uncertain whether there are enough people like you who have had breach of contract to have a class action suit? So far they have only threatened me - which may well not be actionable.

But, if you want to start such a Class Action then why not go ahead and see whether you can get other's to join the class action once you have started it.

Personally I would persue this through Consumer Direct / Trading Standards, OfCom, OfTele, Which, Watchdog and any other press / broadcast media you can get to give them bad publicity.

Or switch to an alternate unlimited provider and take out a small claims court action yourself for breach of contract claiming all costs that you incur over and above the Pipex costs for switching and continuing your service.

But as you are the only person who has had their service terminated - or at least who has reported it here - I can't see there being enough people for a class action.

Sophist

ok I will try to find one . they are speaking about this fair use policy in the computeractive magazine of this week .aapoprently it's not just a problem with pipex

angel_xxl1:ok I will try to find one . they are speaking about this fair use policy in the computeractive magazine of this week .aapoprently it's not just a problem with pipex

It seems to me that it is fundamental to an "unlimited service" that some users will be heavier users than others - and that attracting lowish users is going to be balanced by higher users. Indeed if an ISP offers limited services, then by definition that will attract the lower users, and will increase the average heaviness of "unlimited" users.

So, the key questions appear to me to be:

a. Is a Fair Use Policy actually consistent with a service which is stated as Unlimited - particularly when there are other cheaper services which do have limits? By definition a Fair Use Policy places limits on how much you use the service, and therefore it may be legally impossible to implement one on a service which is defined as "Unlimited".

b. The next question is whether a Fair Use Policy is actually a means for ensuring that other users of a contended service are not disadvantaged or whether it is a means for the ISP to save costs by limiting bandwidth provision.

I have no problems whatsoever with use of bandwidth shaping technologies or a clearly defined Fair Use Policy which is designed to ensure that the fundamental shared nature of ADSL does not disadvantage other customers PROVIDING that these are limited to those times where other users would be disadvantaged, that it is NOT a means for the ISP to save costs by limiting bandwidth provision, and that I am not disadvantaged at times where other customers are not significantly adversely affected by my own usage.

My problem with the current intents of Pipex (and other ISPs) is that neither the bandwidth shaping technoloogies nor Fair Use Policies are being applied in this way.

Some ISPs are using bandwidth limiters to restrict the bandwidth available to a user to e.g. 64kb at any time of the day once they have reached some sort of monthly limit - hardly an "unlimited" service.

Pipex have implemented some form of bandwidth management in 2005 - but the details are not (as far as I know) published - so it is not possible to determine whether this only shapes bandwidth for certain users at peak times or whether it has a more draconian approach.

So, my personal view is that Fair Use Policies and Fair Use technological solutions are legitimate if they are applied fairly - but as far as I can tell ISP's do not appear to apply them fairly - they appear to apply them to save costs.

I will look forward to reading ComputerActive.

Sophist

I am happy . today I call and they are giving me the MAC code and I have nothing to pay

Well I am fk'ed with pipex. Had to change my BT phone number due to nuisance callers. Now pipex say my broadband will cease and they want 5 months worth of contract and will not help in any way. So there goes my broadband for a while.

So much for loyal customer for the last 4 years. Never again will I ever have any dealing with this rip off company. Nothiig but trouble since going to broadband last year.

Dynomo:Well I am fk'ed with pipex. Had to change my BT phone number due to nuisance callers. Now pipex say my broadband will cease and they want 5 months worth of contract and will not help in any way. So there goes my broadband for a while.

So much for loyal customer for the last 4 years. Never again will I ever have any dealing with this rip off company. Nothiig but trouble since going to broadband last year.

hummmmmmmm I just hope in my case that the guy on the phone know what is was talking ..................

Dynomo:Well I am fk'ed with pipex. Had to change my BT phone number due to nuisance callers. Now pipex say my broadband will cease and they want 5 months worth of contract and will not help in any way. So there goes my broadband for a while.

So much for loyal customer for the last 4 years. Never again will I ever have any dealing with this rip off company. Nothiig but trouble since going to broadband last year.

If you have been a customer for 4 years, your initial 12 months contract will have ceased - so you should be able to cancel without penalty.

For me, one of the attractions of Pipex when I joined was that there was not a 12 month contract in the first place.

I would not take Pipex's word that there us 5 months to pay - ask them to prove it.

Sophist

angel_xxl1:

Dynomo:Well I am fk'ed with pipex. Had to change my BT phone number due to nuisance callers. Now pipex say my broadband will cease and they want 5 months worth of contract and will not help in any way. So there goes my broadband for a while.

So much for loyal customer for the last 4 years. Never again will I ever have any dealing with this rip off company. Nothiig but trouble since going to broadband last year.

hummmmmmmm I just hope in my case that the guy on the phone know what is was talking ..................

I would also check with OfCOm / OfTele whether the broadband is linked to your phone line or your phone number.

It seems likely to me that it is linked with your line rather than your number - in which case Pipex might be just plain wrong.

Sophist

I have had some email correspondence with someone who I think is from Trading Standards (county council email address), so we will see what happens next.

Sophist

This thread is so of topic now I think its time to close it...

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'Now, I have become Death, the destroyer of worlds.'

I tend to agree.

This thread has now been locked.

Community Editor

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Community