Installation Delay

[JJAC1]

Sky Broadband was due to be installed yesterday (9 April). I was expecting a message with a precise time for the engineer to visit but hadn't received one so called Sky only to be told that installation has been delayed until 28 May. I had ordered installtation in February. 

This is an absolute disgrace, my wife and I both need internet to work from home and my contract with the existing provider runs out on Friday. This is a breach of contract by Sky. 

The operative advised me that Sky could sort copper broadband in the meantime but it would take up to 48 hours for a call and then a further 7 days to get it intalled. I still have not heard. It's just not acceptable. I asked whether i would be compensated for the delay to be told no, I would still have to pay for the poorer service in the meantime. I find this level of customer service astonishing. 

I need the interim service to be installed this week (i.e. by Friday at the latest) and a suitable ofer of compensation provided. 

I need this matter to be resolved ASAP (i.e. no later than today). 

Failure to resolve will result in me reporting the matter to the ombudsman and issuing a small claim to recover my direct losses arising from Sky's breach,. 

[TimmyBGood]

@JJAC1 

Unfortunately your expectations are somewhat unrealistic, and I suspect you've also been poorly advised.

Activation dates are targets, not guarantees (which cannot realistically be offered for domestic services)

Typically a copper connection can't be temporarily activated to 'fill in' during a delay in optical provision: there's no mechanism for Openreach and its client ISPs to do so.

There's delayed activation compensation at a rate set by Ofcom (£6.10 per day) but absolutely no cover for consent losses.  Using a domestic broadband connection for WFH brings no additional service level.

Any small claims process is incredibly unlikely to succeed because the nature of the national broadband infrastructure and the way FTTP is being deployed makes delays absolutely inevitable in some individual cases.

[JJAC1]

With respect, I agreed a date for my services to start with Sky, that hasnt happened purely down to their breach of the terms of the agreement. I have or will suffer direct losses casued by Sky's failure to install on that date. I was provided with no notice of the failure. I find it bizzare that you say that the activiation date is a 'target'. There was an engineer booked, the date was fixed. If Sky seek to rely on the fact that this is a 'taget', then the advertising is misleading in breach of the CAP Code, as there is no prominent mention of this. 

You mention that there is no additional service level. You misunderstand the law on this, I am not alleging that there is an additional service level. Hopwever, Sky is aware of the reason for the provision of the service - they specifically asked me why I require the service and I answered 'WFH'. This actual knowledge of special circumstances means that I can claim indirect loss. I will have to pay for an laternative short term provider, this is my loss, I will seek to reover this from Sky. 

I note the £6.10 daily provision and I see that Sky also provide £39 for missed appointments. This is an absolute minimum given the incovenience, cost and loss suffered. 'Any small claims process is incredibly unlikely to succeed because the nature of the national broadband infrastructure and the way FTTP is being deployed makes delays in some cases absolutely inevitable' - frankly the infrastructure point is irrelevant. Sky knew of this when they booked in the appointment. 

I left Sky several years ago becuase it was an abolute shambles. 

It's looking like I may do so again. 

[TimmyBGood]

@JJAC1 

Any other ISP on the national Openreach network would face exactly the same issues with delayed provisioning, because they are all dependent on Openreach availability to carry out the necessary physical work.  Our own FTTP installation, booked by BT Broadband and largely carried out by Kelly Communications (the largest Openreach subcontractor) took something over three months from initiation to going live with multiple miscommunications, incorrect equipment, lack of required permissions and so on.

Customer Service might attempt to explain this better, but that's different.

[cuke]

Unfortunately any losses incurred from not being able to run your business from home are not Sky's responsibility as they are providing a domestic service.

On the matter of the delayed installation, Sky's hands might be tied by OpenReach and the only thing you can do is ring Sky and see if they can establish, from OR, what the delay is down to.

[TimmyBGood]

@JJAC1 

Of course you can attempt to claim whatever redress you feel is appropriate: my usual point is that Sky Group and the Comcast Corporation can probably afford quite good legal advice and representation, and are likely to be reasonably confident that their contracts, business practices and advertising can withstand such scrutiny.

I suppose it's possible ISPs pay out to some or even all of those who post with similar intentions of making a claim for consent loss, but no-one has ever reported here that they have succeeded in such a case.

[Chrisee]

@JJAC1 unfortunately what you have been told is accurate. I spent the last 20 years of my career running advice centres and my advisors had to frequently give similar advice and boaringly I read contracts.. 

The contract you are entering into with Sky starts from when the service is up and running so by definition Sky are not in breach at the moment. If you read Sky's standard terms snd conditions (copy here ) you will see the services is for the personal "domestic"  use for you and your family. That does not bar anyone from using the service for business but does mean that you get no priority. Later in section 8 Sky specifically states they are not liable for any delay which is "outside our reasonable control" which applies in your case. Sorry but neither of those terms are likely to be considered unreasonable and therefore unenforceable.

The courts anyway always expect you to have exhausted the supplier's complaints system before bringing legal action.  Sky's is described here https://www.sky.com/help/articles/sky-customer-complaints-code-of-practice/ you will see there is a section on Alternative Dispute Resolution which is referral to an independent arbiter (legal name for an Ombudsman) which can be invoked if Sky's answer does not satisfy you or 8 weeks has passed.

Your options are either wait it out and get compensation or cancel your order which you can do at anytime at no cost to you.

[TimmyBGood]

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@Chrisee wrote:

@JJAC1 

Your options are either wait it out and get compensation or cancel your order which you can do at anytime at no cost to you.

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But note that cancellation and then placement of an order with another Openreach ISP is likely to face the same provisioning issue plus an additional ten working day delay because minimum lead times get reset.