Fight back against slow broadband

Here are some suggestions for those of us who get broadband connections which are much slower than we expected.

In January this year, Ofcom published a report into broadband speeds. It found people who paid for 'up to 8Mbps' were on average getting just 3.6Mbps. Ofcom said that 26% thought their broadband speeds didn't live up to expectations.

I don't know how many actually get these average figures, but what we do know for sure is that many people are getting much slower connections than they thought they would.

The code of practice

Last year, Ofcom created a Broadband Speeds Code of Practice which most broadband suppliers have agreed to abide by. (See the list of signatories.) The code requires providers to:

• Tell customers what the maximum speed is likely to be in practice.
• Provide a facility on their websites so that consumers can estimate the access line speed, i.e. provide a broadband speed checker.
• Provide a durable record of this estimated speed. This can be through a letter, an email, through an online account page, or by encouraging the customer to print the screen.
• Explain in a 'clear and meaningful way' that the speed you'll receive in practice is still likely to be lower even than this estimate, because there are other factors influencing the speed, such as the number of people online at a given time.
• Suggest what times the network is likely to be slower because more people will be using it.

Ofcom's report this year explains many or all of these things still aren't happening enough.

Can we do anything technically?

I'd try technical solutions first. There are loads of tips on the internet. Here for example.

Complaining

If that doesn't work, you should complain to the provider. Put it in writing and be polite.

You could quote the code. Unfortunately, Ofcom allows that it might take providers about six months from them signing up to the code to get themselves in order, and the code was first published on 5 June 2008. What's more, your provider might not have signed up at that time, so you'll need to check when they did.

I think your case will be particularly strong if the website offered no facility to estimate what your Internet speed would really be, or if you upgraded with the same supplier from a 2Mbps product to an 'up to 8Mbps' product and you got just 0.5Mbps more out of it.

Arbitration

If you're not satisfied with the response and the provider eventually writes a final email or letter saying it won't compensate you, you can seek arbitration. All providers are signed up to one of two arbitrators, which can order providers to compensate you. You can check which your provider is with on the arbitrators' websites: Otelo and CISAS. The arbitrator should consider the fairness of your case, regardless of whether the provider is signed to the code.

What's the legal position?

You don't have to accept the arbitrator's ruling. You could take your provider to court. This is not a course of action for everyone and it does cost money, which you won't get back if you lose. Small claims of £5,000 or less cost at least £30. If your claim is totally flawed or a waste of time, you may be ordered to pay the other party's costs too. However, that's quite extreme. You can get guidance on making small claims from Citizens' Advice and from the Court Service. Often legal-protection policies attached to home or car insurance entitle you to free consumer advice, too.

If your supplier had said in its marketing copy that it was bound by the code of practice, you'd have a stronger legal case. However, most providers don't even yet acknowledge that they've signed up to the code on their websites.

My view (as a finance writer, not a lawyer) is that many of you still could have some sort of legal case even if you bought before the code was introduced. The most interesting legislation I've looked at so far is the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

Under section 5 of the regulations, providers can't supply misleading information. They can't supply false information about the main characteristics of the product, specifically the quantity and specification of the product and the results to be expected from use of the product. Under section 6, the providers can't omit or hide material information, or provide it in an unclear or untimely manner.

The main thing to bear in mind is that this law has only been tested once in the courts, that I know of, since it came into effect in May 2008. Also, the misleading information or omission must be '...likely to cause the average consumer' to make a buying decision. What is the average consumer? Does the average consumer know, when he buys 8Mbps, that he might get just 3.6Mbps or even less? The court would have to decide.

The regulations hint that the case will be easier for certain groups of average customers. If the customer is elderly and unfamiliar with technology, for example, this may make the case stronger.

Before buying or switching

Test what maximum speed you can get using one of the many free broadband speed tools on the Internet, such as this ADSL test and this ADSL2+ one. (ADSL is technology that allows broadband on standard BT copper wiring. Most broadband providers use BT lines.)

If your speed is low when you switch, consider the Consumer Protection (Distance Selling) Regulations 2000. You can cancel Internet purchases for any reason within seven days of receiving your goods and receive a full refund, although you may have to pay to return hardware such as modems. The rub is that broadband providers usually say there is a ten-day period at the start where your connection speed fluctuates, but I would argue that you haven't actually received the goods as promised until after the tenth day, so your seven days don't start till then.

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