Hi Neil

You kindly tried to intervene off-list as I made reference to, but as I was
at pains to point out to the BTLB a few days ago I should not have to exert
myself to work around them or rely upon favours to fix messes of their
creation, especially as this is way beneath your paygrade (and being
effectively roadblocked by someone in BTW in any event). You have my thanks
nonetheless for trying what you could to fix a problem that ultimately
wasn't yours to fix, and I appreciate the sentiment behind not wanting to
leave our customer in the lurch.

Now - that said, I do - probably unsurprisingly - still have points to
make..

On 18 January 2017 at 13:34, Neil J. McRae <[email protected]> wrote:

> Where this has failed and where we see it fail consistently is because the
> customer asks to buy something or is sold something that they want, and in
> many cases customers don't understand the details of their infrastructure
> and therefore you end up with situations like this. It's not a specific BTB
> issue and it's seen with customers across all CPs.
>

I can only say that I cannot contest your statement here about it being a
universal issue (our sample size is small enough so as to hopefully not be
likely to experience problems with anyone, and this is the first time we've
had this happen) and am generally in agreement that customers should
understand what they are buying but as increasingly with all complex
products "caveat emptor" doesn't really cut it these days when an advised
sale is being made, and if I quietly tacked something on to a renewal order
that broke an existing part of the customers infrastructure without setting
it out clearly (because I didn't bother to check if it would break
anything) I could expect to get into very hot water over it and have to put
it right (and this is what the USR is for!).

Bad sales tactics (and in some cases worse support thereafter) seems to not
be an uncommon problem with BTLB (I was also contacted offlist by someone
complaining about a franchisee in Scotland who behaves much the same way),
and there seems to be no accountability for BTLB actions. They can pretend
they are BT, lob a grenade in, walk away.

The BTLB has demonstrated that they do not particularly care - and it is
only BTs fault insofar as that they let these people place orders unless
you swallow the line that the BTLB "is" BT (something I imagine BTs
solicitors would be quick to distance themselves from if it came to it), so
then what happens? Who is in charge of monitoring the BTLB franchises? How
can consumers and other CPs complain about BTLB behaviour somewhere where
it will have an effect?


> Simply put if a customer chooses to do something and then signs it off
> then it's a valid order for a migration - whether then underlying outcome
> is right or wrong is unclear to the reseller, BTB or BTW it's simply a
> signed off migration order. The conditions around migrations are very clear
> to be -fair- to all parties. And if a customer signs something of as a
> valid order then the conditions are clear around migration, from BTW POV
> (and to be clear I don't speak for them here) it's just another valid
> order, therefore it doesn't fit any special case for quick back migration
> and the OFCOM regulation in this area is very clear on the lead times and
> process for migrations and frankly in cases like this it pisses me off that
> we have an upset customer that we can't do anything about - that's the
> downside of regulating to the level of detail we have and sadly having cake
> and eating it doesn't apply to anyone whether is a BT CP or any other CP.
>

The USR process seems fairly concise in it's requirements, though, and as
Notice of Transfer was not received by the LCP, nor would they be seen by
the EU in time as the clock ran down over the holiday period, all three
parties agree it was migrated without the customers express knowledge and
that the migration was unwanted, and that there is a case for the fact that
the change in provider is disrupting their business (our
ability/willingness to replumb part of our network at the behest of a
single customer notwithstanding), this seems to satisfy the USR
requirements completely.

BTW (and again - I know that this is not who you work for) HLE have
decided, sight unseen of the sales process, to determine that it was a
legitimate transfer because the EU made one reference at the start of a
long chain of emails to knowing about proceeding [with renewing their
PSTN/ISDN] despite attempts to clarify that those remarks had nothing to do
with the broadband service. [1]

If there are constraints around using USR that are set by OFCOM I should
imagine that they are intended to restrict use of USR to try and remove a
customer from a GCP unfairly or at the disadvantage to the customer (eg: by
getting an expedited slam back when the EU *did* want to migrate), but at
the point that all parties are in agreement that the order ought not to
have been placed, who exactly is going to be treated unfairly - in OFCOMs
opinion - by enacting the USR on a migration order that has already been
placed and cannot be contested by the LCP (as money owing/contract term
held by OFCOM not to be valid reasons to oppose a migration) and will not
be contested by the EU (as they are involved in the thread of evidence
supplied stating that they did not want the service migrated)?

This very much feels like one of those situations where someone has
misunderstood their job (see also almost any large organisation as soon as
the words "Data Protection" surface).


> There are many obvious steps that could be taken by CP's to avoid being in
> this situation in the first place (such as the CP managing the phone lines
> directly for example).
>

This is will be the eventual outcome here now that the whole contract is
undone which again should be another black mark against the BTLB as far as
BT is concerned, but it doesn't really feel like anyone's keeping score if
CCS is seeing 3-4 issues a month from the very same franchisee.

Phil

[1] I guess I now know that if this happens again to just surreptitiously
cut all but the bare minimum out rather than forwarding the whole chain on
in case BTW can find cause not to act, but was working from my phone in an
attempt to get it sent on as fast as possible and foolishly did not expect
that anything other than the acceptance that the broadband migration was in
error from the BTLB would be relevant!

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