tag:blogger.com,1999:blog-3993498847203183398.post6816041962127237873..comments2024-03-29T11:00:39.953+00:00Comments on RevK<sup>®</sup>'s ramblings: Duty of CareRevKhttp://www.blogger.com/profile/12369263214193333422noreply@blogger.comBlogger10125tag:blogger.com,1999:blog-3993498847203183398.post-11453465613830367092013-11-28T13:34:56.894+00:002013-11-28T13:34:56.894+00:00How's about this as a scenario (and I'd no...How's about this as a scenario (and I'd not expect A&A to do this at all): Someone enquires about broadband on a phone line, tells ISP phone number etc, but doesn't get as far as agreeing to the contract.<br /><br />Someone in ISP mistakenly puts it through as an order to BT, who don't check anything and transfer the service from the old ISP to the new.<br /><br />Lots of people to blame, and technically not *customer* service, but presumably the Customer Service department would be involved in helping sort out the mess (on the practical basis that they do similar things for customers). That would be where the duty of care comes in.<br /><br />All theoretical, of course :)<br />Anonymoushttps://www.blogger.com/profile/09625342504150498373noreply@blogger.comtag:blogger.com,1999:blog-3993498847203183398.post-82328947963001944832013-11-22T09:08:09.434+00:002013-11-22T09:08:09.434+00:00Agreed - but Communications Act redefines "cu...Agreed - but Communications Act redefines "customer".RevKhttps://www.blogger.com/profile/12369263214193333422noreply@blogger.comtag:blogger.com,1999:blog-3993498847203183398.post-8001008796799692812013-11-21T10:56:06.764+00:002013-11-21T10:56:06.764+00:00Just to add, as you may not be a customer - Orange...Just to add, as you may not be a customer - Orange / EE Landline also don't appear to offer Anonymous Call Rejection...Anonymoushttps://www.blogger.com/profile/11169705388370800915noreply@blogger.comtag:blogger.com,1999:blog-3993498847203183398.post-77110567957878773142013-11-21T09:50:17.521+00:002013-11-21T09:50:17.521+00:00"section 13 of which places an obligation on ..."section 13 of which places an obligation on all businesses that supply services to customers to "carry out the service with reasonable care and skill"."<br /><br />As you point out, this is not close to accurate. Not having a contract - being a prospective customer, rather than a prospective customer - is fatal to the argument advanced here, since the mechanism for including this duty is as a term implied into the contract. <br /><br />Perhaps a different way of approaching the issue would be to ask CISAS to identify the contract into which the term is implied, in the case of a casual question by a supplier. A contract is a precise, not a nebulous thing: offer, acceptance, consideration and so on. Can they pinpoint when, exactly, each limb of the test was satisfied? What is the consideration flowing to AA here?<br /><br />Anonymoushttps://www.blogger.com/profile/18427000118752159232noreply@blogger.comtag:blogger.com,1999:blog-3993498847203183398.post-77629561683642903862013-11-21T09:49:40.427+00:002013-11-21T09:49:40.427+00:00They would need to follow the complaints procedure...They would need to follow the complaints procedure with the ISP/telco first, but if that was not "resolved", then they can go to ADR. If the customer is demanding compensation for their hassle then it will be unresolved (or paid), won't it. You may have to wait 8 weeks. I am trying to test this "from the other side" by trying to take giffgaff to ADR over a lack of anonymous call rejection, but I am already a customer. The Comms Act allows complaints from prospective customers.RevKhttps://www.blogger.com/profile/12369263214193333422noreply@blogger.comtag:blogger.com,1999:blog-3993498847203183398.post-26634341514439629272013-11-21T09:37:49.669+00:002013-11-21T09:37:49.669+00:00So just to be clear.
If someone had a beef with w...So just to be clear.<br /><br />If someone had a beef with with the owner of an ISP e.g. Rupert Murdoch, they would be able to ring the ISP e.g.Sky or BeThere, about becoming a customer of their broadband, say no, then take them to ADR for poor customer service? Costing them £300 in the process, even before any sort of "guilt" (which as you say is ridiculous anyway since it is subjective) has been established?<br /><br />Interesting for groups whom want to engage in some sort of action I suppose (imagine an organised group of 1000 people could cost an ISP £300,000 just by making a phone call and filling in the ADR form!), but yes, not very fair on the ISP involved!Anonymoushttps://www.blogger.com/profile/15717592062414307952noreply@blogger.comtag:blogger.com,1999:blog-3993498847203183398.post-29659315700970206402013-11-21T08:44:05.491+00:002013-11-21T08:44:05.491+00:00Indeed, but CISAS's comments suggest they thin...Indeed, but CISAS's comments suggest they think one cannot remove the "duty of care" by stating we will be rude? That is crazy, IMHO. I have challenged them on that and am waiting for their reply.RevKhttps://www.blogger.com/profile/12369263214193333422noreply@blogger.comtag:blogger.com,1999:blog-3993498847203183398.post-72892861107090740232013-11-21T08:31:17.783+00:002013-11-21T08:31:17.783+00:00This goes back to "Rude ISP"
State you a...This goes back to <a href="/2012/02/rude-isp_24.html" rel="nofollow">"Rude ISP"</a><br />State you are rude, then your customer service and duty of care is held to that standard (although as you point out in the article, could someone take you to ADR and get an award for us being polite, thus not adhering to your "customer service pledge"<br /><br />I wonder how the Supply of Goods and Services Act 1982, section 13 applies to any generic Rude$business Ltd?<br /><br />It could be like the Virgin or Easy family.... RudeMail, RudePhone, RudeBooks (could cause problems☺), RudeCider, RudeWines (oh wait, <a href="http://www.rudewines.co.uk" rel="nofollow">RudeWines already exist!</a>) :)Anonymoushttps://www.blogger.com/profile/15717592062414307952noreply@blogger.comtag:blogger.com,1999:blog-3993498847203183398.post-51596227914592574612013-11-20T22:30:45.307+00:002013-11-20T22:30:45.307+00:00You should offer your pedant services on a contrac...<br />You should offer your pedant services on a contract basis. A&A Pedants services.<br /><br />You are right though, it is all quite daft.frinkhttps://www.blogger.com/profile/09633986650421719119noreply@blogger.comtag:blogger.com,1999:blog-3993498847203183398.post-9837444892891479172013-11-20T21:20:06.678+00:002013-11-20T21:20:06.678+00:00Covering "poor customer service" in your...Covering "poor customer service" in your contract is really covering yourself. I and everyone I know never had anything but the best possible customer service experience dealing with A&A.<br />I regard you as the benchmark of customer service, efficient, friendly and competent :-)Brexit factshttps://www.blogger.com/profile/09499046210014193575noreply@blogger.com