Topic: BT slams bandwidth brakes on all subscribers

[Simon]

BT is throttling all of its broadband customers' bandwidth at peak times, not just heavy users, according to independent monitoring data.

http://www.theregister.co.uk/2008/08/07/bt_samknows_bandwidth_throttling/

[sam]

this is completely ridiculous -they should be told that they can't advertise their services in the manner they do.

[GillE]

Surely it's a breach of contract?

[Simon]

You can bet they would have found a way round contractual issues.

[GillE]

I wouldn't be so sure, Simon.  I think it's more likely that they don't expect anyone to challenge them in court.  If I was with BT, I'd certainly be down to the small claims court.

[Simon]

It would certainly be worth a try, but I expect one of the T&Cs states that they can change the T&Cs at any time.  That's the trick Pipex used. 

[sam]

i expect it does say that... argh.

[GillE]

If it does say that, the contract would almost certainly be voidable.  I don't remember too much from my old contract law lectures, but I seem to recall that no party is entitled to use a dominant position to vary the terms of a contract so that it is fundamentally altered.  As I said, I would be down to the small claims court.

[Simon]

Clive can be our test case. 

[Clive]

I will need to check my speeds during peak periods.  In recent weeks I've been getting 3.2 Mb whereas I was previously getting 4.5Mb.  15% of 3.2Mb is <500K which is probably adequate for my modest needs.  What I object to is when they throttle me back to 150K and webpages take an age to open.

[Simon]

What you should be objecting to is paying for a service, and not receiving it's full worth.  If you bought a Ferrari, and then found it only did 60mph, you'd be pretty miffed, yes?  Same applies. 

[Clive]

If you bought a Ferrari, and then found it only did 60mph, 

How would I know?   

[Simon]

Well, I suppose not, if you never go above 28mph. 

[Clive]

I rest my case.   

[sam]

Well, I suppose not, if you never go above 28mph. 

blatantly not true ... I've been a car with this bloke! He aims at kids too!