Small claims for £££ from a developer for delayed broadband?
Small claims for £££ from a developer for delayed broadband?
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Tiggsy

Original Poster:

10,261 posts

282 months

Saturday 17th December 2016
quotequote all
Bought a new build last day of oct on a small development (100 houses) - only about 10 done so far so lots more building to go.

Was told during October that the house would have broadband from virgin and openreach - VERY important for me as I work from home and use a LOT of data for uploading/downloading clinet files, etc to cloud based storage, etc, etc

Turns out - due to mess ups that are shared (buck passed) between everyone from developer to BT to virgin to the council.....we still have no internet and will not see it before the new year - virgin by april!!!!

As such, I'm doing about £400 a month in 4g!!!!!!

Developer has gone very quiet over my (and other residents) angry emails - is a threat of small claims empty and pointless??? I'm thinking I was told (verbally) by sales staff during negotiantions that intenet would be in the house ....... its not, and I'm out of pocket! If they had said, house is good but no internet during the rest of 2016 I'd have never bought the house due to the impact working on a poor 4G network has on my business - I'm probably getting 10% of my work done while waiting for stuff to load/crash/not work.

If not small claims - then who? Developers just say "not our fault"!!!

On here now as just given up watching a film off Amazon via the Ps4 hotspotted to my phone as its sucking about a 1gb every 15 mins!!!!!!!!!!!!!!!!!!!!

MrOrange

2,039 posts

283 months

Saturday 17th December 2016
quotequote all
Tiggsy said:
If not small claims - then who? Developers just say "not our fault"!!!

On here now as just given up watching a film off Amazon via the Ps4 hotspotted to my phone as its sucking about a 1gb every 15 mins!!!!!!!!!!!!!!!!!!!!
It doesn't strike me as wise to watch films streamed over the internet when your only connection is super expensive? Don't you have regular TV? Or DVD? Or VHS?

I struggle how to see you could claim anything, esp as the availability of internet was not in the contract of sale. I moved into a new build a few years ago and had to wait 13 weeks for a pole to go up. I guess that's life, esp on an early build.

Best suggestion I have is to get a 4G home broadband service from, say, EE and be sensible about what you use it for.

Chrisgr31

14,286 posts

285 months

Saturday 17th December 2016
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I suspect it will depend on what it says in the pre-contract enquiries.

Happy Jim

1,080 posts

269 months

Sunday 18th December 2016
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£400 a month? That'd buy you 600 GB on Three.......that's a lot of Pron :-)

Jim

PorkInsider

6,622 posts

171 months

Sunday 18th December 2016
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You said that you were told during October that there would be broadband via OpenReach and Virgin, but you also moved in during October.

Therefore were you not already committed to moving in by the time you were told about OR and Virgin?

The reason I ask is that if the broadband connection was being discussed at that point, I would assume it wasn't mentioned in any contract with the developer and therefore it would be unlikely that you have much recourse against them, unfortunately.

I had issues myself when moving house earlier this year. This wasn't a new build and there was already a connection to the property. Still took over a month longer than I was promised to get 'switched on', though. Proper pain the arse as I also work from home and need to upload/downloaded client data. Not on the scale you must be doing at £400/month though, I have to say.

The delay on mine was purely due to BT screwing up moving my contract between properties and not being able to marry that up with getting OpenReach to do the 'switching on' bit. I was still under contract with BT so possibly in a stronger position than you and I was still only able to get them to pay £30 towards my 4g costs (they paid for the initial dongle purchase) as being a domestic customer there isn't a lot of protection.

Will be interesting to see how they deal with your issue but I'm not sure you're going to get a huge amount out of anyone involved, OP. Despite BB being critical to many people for work these days, there seems to be little to protect us from the hassle of losing it.

Edited by PorkInsider on Sunday 18th December 06:31

Red Devil

13,524 posts

238 months

Sunday 18th December 2016
quotequote all
PorkInsider said:
I had issues myself when moving house earlier this year. This wasn't a new build and there was already a connection to the property. Still took over a month longer than I was promised to get 'switched on', though.
BT are notorious for this. There is a total disconnect between the customer facing subsidiaries and Openreach.
The engineers at the latter are OK, it's the desk-bound knobjockeys at the former who are the problem.

Carol Beer is in the bush leagues by comparison.

48k

17,504 posts

178 months

Sunday 18th December 2016
quotequote all
Tiggsy said:
Developer has gone very quiet over my (and other residents) angry emails
Probably not receiving them laugh

Fish

4,064 posts

312 months

Sunday 18th December 2016
quotequote all
I'm a developer and we do not provide the broadband it is down to virgin and BT. We often put ducting in for BT (at a loss) to help speed the process up this can though still take BT months to get round to putting there cables in. It is the first order form a customer which starts there process about 3 moths later they put the cables in and you start getting broadband. Subsequent customers are much quicker as the cables are now in.

Yes the system is crap, I can't as a developer get involved. We are trying a new site with FTP which I will be involved in getting into the houses where customers will ave 300mb when they move in. We'll see how smoothly that goes!!

The developer will not be approachable for the delays it will be down to BT/Virgin. The developer will be obligated to put ducting in...

spaximus

4,365 posts

283 months

Sunday 18th December 2016
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If this was a written agreement then I would say you would win any claim. As it was verbal, they would only need say they never made a guarantee and they would win.

However if you had 10 others all saying the same thing them I would say stick a small claim against the developer as they sold you the house and you might get an award in your favour.

Durzel

12,999 posts

198 months

Sunday 18th December 2016
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Red Devil said:
BT are notorious for this. There is a total disconnect between the customer facing subsidiaries and Openreach.
Isn't that intentional? In fact BT have recently been ordered to split Openreach off into a completely separate company.

TooMany2cvs

29,008 posts

156 months

Sunday 18th December 2016
quotequote all
Tiggsy said:
Bought a new build last day of oct on a small development (100 houses) - only about 10 done so far so lots more building to go.

Was told during October that the house would have broadband from virgin and openreach

Turns out - due to mess ups that are shared (buck passed) between everyone from developer to BT to virgin to the council... we still have no internet and will not see it before the new year
Did they promise - before exchange of contracts - that the internet would be live by any given date? Or just that it will be coming?

It will be coming - you've said as much. So this is only about timescales. You've moved into a new development at the very early stages of construction - it's no surprise that some of the eventual site facilities are delayed, is it? It certainly shouldn't be...

How much attempt have you made to mitigate your losses?

bltamil1

364 posts

174 months

Sunday 18th December 2016
quotequote all
I can't help with the claim I'm afraid, it sounds a bit flimsy to be honest.

As a business we use wireless cube routers from EE on remote sites. We get 50gb per month for about £40, and have never had any trouble with them. Very good solution that no other network could get near. Like you, we were spending about £800 per month on data on one site, now pay £40, much better!

tapereel

1,860 posts

146 months

Sunday 18th December 2016
quotequote all
OP has chosen the most expensive way to connect. It's free at McDonalds. No attempt to make connection at reasonable cost and has accepted risk of no connection.
Any tribunal would just laugh.
Maybe a happy meal or 2 would cheer the OP up.

bimsb6

8,790 posts

251 months

Sunday 18th December 2016
quotequote all
Red Devil said:
BT are notorious for this. There is a total disconnect between the customer facing subsidiaries and Openreach.
The engineers at the latter are OK, it's the desk-bound knobjockeys at the former who are the problem.

Carol Beer is in the bush leagues by comparison.
You can blame ofcom for that , equivalance means bt have to be treated the same as any other service providers so there are no shortcuts to processes .

PorkInsider

6,622 posts

171 months

Sunday 18th December 2016
quotequote all
bimsb6 said:
Red Devil said:
BT are notorious for this. There is a total disconnect between the customer facing subsidiaries and Openreach.
The engineers at the latter are OK, it's the desk-bound knobjockeys at the former who are the problem.

Carol Beer is in the bush leagues by comparison.
You can blame ofcom for that , equivalance means bt have to be treated the same as any other service providers so there are no shortcuts to processes .
And I think it's going to get worse.

Where does the money come from at the moment for infrastructure investment? That would be BT.

Where's it going to come from once OpenReach is fully autonomous?

Perhaps there'll be more support from Sky? TalkTalk? Given that OR's longer term strategy is to move the entire network to FTTP, there's going to need to be some serious investment.

It wouldn't be surprising if BT come out of the whole thing on top, given that they already don't receive preferential service from OR and they won't now be bankrolling them either.

Will be interesting to see how it pans out.

bimsb6

8,790 posts

251 months

Sunday 18th December 2016
quotequote all
PorkInsider said:
And I think it's going to get worse.

Where does the money come from at the moment for infrastructure investment? That would be BT.

Where's it going to come from once OpenReach is fully autonomous?

Perhaps there'll be more support from Sky? TalkTalk? Given that OR's longer term strategy is to move the entire network to FTTP, there's going to need to be some serious investment.

It wouldn't be surprising if BT come out of the whole thing on top, given that they already don't receive preferential service from OR and they won't now be bankrolling them either.

Will be interesting to see how it pans out.


Openreach make the money not bt , or will not be fully seperate from bt as bt will still own them .long term stategy is not fttp but a mix of fttp/ fttc . Both options mean getting rid of the copper cable from exchange to cabinets .

PorkInsider

6,622 posts

171 months

Sunday 18th December 2016
quotequote all
bimsb6 said:
PorkInsider said:
And I think it's going to get worse.

Where does the money come from at the moment for infrastructure investment? That would be BT.

Where's it going to come from once OpenReach is fully autonomous?

Perhaps there'll be more support from Sky? TalkTalk? Given that OR's longer term strategy is to move the entire network to FTTP, there's going to need to be some serious investment.

It wouldn't be surprising if BT come out of the whole thing on top, given that they already don't receive preferential service from OR and they won't now be bankrolling them either.

Will be interesting to see how it pans out.
Openreach make the money not bt , or will not be fully seperate from bt as bt will still own them .long term stategy is not fttp but a mix of fttp/ fttc . Both options mean getting rid of the copper cable from exchange to cabinets .
Do you work for BT or OR?

TooMany2cvs

29,008 posts

156 months

Sunday 18th December 2016
quotequote all
bimsb6 said:
long term stategy is not fttp but a mix of fttp/ fttc . Both options mean getting rid of the copper cable from exchange to cabinets .
Is it...?

We moved to FTTP (yes, P. No C anywhere near here) in the summer... and our phone is still over copper.

bimsb6

8,790 posts

251 months

Sunday 18th December 2016
quotequote all
TooMany2cvs said:
Is it...?

We moved to FTTP (yes, P. No C anywhere near here) in the summer... and our phone is still over copper.
So are you on fttp for internet and copper for voice? If so you can have the voice service migrated to the fibre , there is a phone connection point on the ont .

bimsb6

8,790 posts

251 months

Sunday 18th December 2016
quotequote all
PorkInsider said:
Do you work for BT or OR?
Openreach