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Old 03-May-2007, 18:21
miles_muso
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Default My attempt to get a MAC code: conversation transcript!

Hi All,

I contacted Tiscali today to get my MAC code. I recorded the conversation, which I set out below (NB I am aware that, under UK law, one party must inform the other that the call is being recorded. However, as the Tiscali recorded intro on the Customer Support Line states "calls may be recorded for training purposes", I consider that the legal requirements have been met). Here's the transcript of the call - please note that some bits that were garbled or hard to understand have been marked (?)

Good afternoon and thankyou for calling Tiscali Broadband. You're speaking with Zac. May I start by taking your [EMA (?)] telephone number

Yes, it's [gives number]..............

Thank you sir. How can I help you today?

Yeah, I'd like my MAC code please.


MAC code.

Yes.

May I know the reason why sir?

No, I'd just like my MAC code please.

I would need to have a look at your account before I could issue out with the MAC code.

OK.

Thank you.

[music on hold]

OK sir. I see that you signed up on the 3rd April 2007.

That's correct.


You are in a 12-month contract sir.

That's absolutely correct.

If you wish to obtain the MAC code, you will be billed to the end of your contract.

No, that's not correct. You are legally required to give me my MAC code if I ask for it.

Yes, that's not a problem sir. That's what I just said. If you obtain the MAC code you will be billed to the end of your contract. That's the way the system is set. You have to agree or not. If you want the MAC code, it's obvious that you're agreeing to it.

No, I'm not agreeing to being billed for asking for something. Your system may work one particular way, but legally I'm entitled to ask for my MAC code, and you're required to give it to me by law.


Yes, I do understand the law sir.

Yeah, good. In that case, can I have my MAC code. I'm not thinking of leaving the service, I just want my MAC code.

When you request the MAC code...... it basically tells the company that you're wanting to leave.

No......

It is [?] not even [?] it's the second month in the contract, you [have] 11 months to go.

I understand how long my contract is for and I understand what I've signed up for, OK? Irrespective of that, I would like my MAC code. It's a code.....

You agree to the terms of being billed to the end of the contract as well.

I agree to the terms I signed up for. I will not agree to anything over the phone with you: I'm not going to agree that if I ask you for a code that you will suddenly send me an invoice for, errm, £220.

Well that's the way it is sir.

No, that's not the way it is. Legally you're required to give me my MAC code, I don't have to give you any reasons why and there should be no outcome to that - I would like my MAC code plese.

Well. That's not a problem sir. I'm gonna set on the system......I'll tell you exactly what I'll be setting on the system. You requested the MAC code.....

...yes....


.....you refused, well, you're not agreeing to be billed to the end of your contract.....

....right.....

...but anyway I'm still going to set it as you will be billed to the end of your contract, and then you can take that up with the Finance Department later on sir.

OK and are you going to cancel my service if I ask for my MAC code?

Your service is not cancelled sir.

OK. So let's just get this straight. I'm going to ask you for my MAC code now, again; you're going to give it to me; you're also going to send me an invoice.....


....I'm going to generate [the MAC code] for you sir, I'm going to generate it for you......

....right, and you're also going to send me an invoice for £220?


I will not send you the invoice, it automatically generates......

.....right, well you as a company will send me the invoice, yeah?


Tiscali will send.....

.....OK I understand.


Agreed?

I agree that that's what you're going to do.


Not me sir. It's the system sir.

I agree that you, meaning 'you' as in the company Tiscali, not 'you' as in you personally Zac, I agree that that's what you're going to do. You've informed me that that's what you're going to do, and I agree that that's what's going to happen. Can you please generate my MAC code thank you.

Thank you. If you'll just bear with me....

[music on hold]

Hello sir

Hello


OK. I have placed your order for your MAC code....

...yes...

You will receive your MAC code via letter, [and by] email to your yahoo account within 1-5 working days. OK?

That's not acceptable....


Well, under the law sir - if you have a look at the law it says the MAC code can be generated within 1-5 days.

Oh OK. What is that likely to be? Is it likely to be 1 day or is it likely to be 5? You obviously have experience in this so you can tell me.

Well, sometimes if they are early (?) that your MAC code does come through straight away. I have been waiting while I processed it to see if it comes back to me immediately, but it hasn't, so you will have to wait. That's why I gave you an estimated timeframe which is suitable of 1-5 days.

OK


This code will be valid for up to 30 days. If you do not use this MAC code during this period of time you will remain a Tiscali customer and your account will not be cancelled.

Right. The code is valid for 30 days from me receiving it, or from today's date?

From today. As soon as we put it through the system for generation.

Right, so you put it through the system for generation just now, didn't you?

Yes sir.

So it's valid until the 3rd of June, or 2nd of June, whatever it is.

It's either the 3rd or the 4th of June it will be valid for.

Err [writing] "to 3rd or 4th of June". OK. If for any reason I do not receive that email within 5 working days, what is my course of action?

It's also sent out to you via letter as well sir.

Yeah, OK. If for any reason I do not receive it via either email or letter within 5 working days, what is my course of action?

You just need to call us, sir.

Right, and which phone number do I call? The same one?

That'll be correct sir. And, also regarding to the MAC code sir: once receiving the MAC code you can use the MAC code by giving it to any provider of yoour choice. Once you do that sir, and once your provider's set-up the network (?) onto your telephone line, that's when you will receive your bill from Tiscali. As soon as your provider (?) switches over.

OK, I understand. No no no, that's fine, that's fine. OK, yep, that's done. There's nothing else that I need from you at the moment. Thank you very much indeed for your time Zac.


No problem. Thank you.

Alright. Bye bye.

Cheers, bye.
So, there you have it.

I should point out, to Tiscali's credit, that I was not on hold for any lengthy periods, the operator's english was very good, and he seemed to understand everything I said.

However, whilst the operator (Zac) was at all times polite and courteous, it was clear that he was trying a few 'scare' tactics to dissuade me from asking for the MAC code. He immediately told me that I would be invoiced for the rest of my contract IF I ASKED FOR THE CODE, which is totally untrue, as at the end of the conversation it was made clear that I'd only be invoiced IF I SWITCH PROVIDERS, which is what I would expect.

However, I sent Tiscali a letter telling them that I considered them in breach of their contract, as they had not provided an 'always-on' service and nor had they offered 'unlimited' broadband. I gave them 7 days to answer the letter and, as suspected, no answer has been forthcoming. Therefore, I have decided this is taciturn acceptance of their breach of contract and I feel that I have the right to use the MAC code as I see fit.

I'll keep you all posted in future, errr, posts.

Last edited by miles_muso; 03-May-2007 at 18:22. Reason: typo
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  #2  
Old 04-May-2007, 12:33
TheARC
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Default Re: My attempt to get a MAC code: conversation transcript!

Hi All,

I contacted Tiscali today to get my MAC code. I recorded the conversation, which I set out below (NB I am aware that, under UK law, one party must inform the other that the call is being recorded. However, as the Tiscali recorded intro on the Customer Support Line states "calls may be recorded for training purposes", I consider that the legal requirements have been met). Here's the transcript of the call - please note that some bits that were garbled or hard to understand have been marked (?)



So, there you have it.

I should point out, to Tiscali's credit, that I was not on hold for any lengthy periods, the operator's english was very good, and he seemed to understand everything I said.

However, whilst the operator (Zac) was at all times polite and courteous, it was clear that he was trying a few 'scare' tactics to dissuade me from asking for the MAC code. He immediately told me that I would be invoiced for the rest of my contract IF I ASKED FOR THE CODE, which is totally untrue, as at the end of the conversation it was made clear that I'd only be invoiced IF I SWITCH PROVIDERS, which is what I would expect.

However, I sent Tiscali a letter telling them that I considered them in breach of their contract, as they had not provided an 'always-on' service and nor had they offered 'unlimited' broadband. I gave them 7 days to answer the letter and, as suspected, no answer has been forthcoming. Therefore, I have decided this is taciturn acceptance of their breach of contract and I feel that I have the right to use the MAC code as I see fit.

I'll keep you all posted in future, errr, posts.
Originally Posted by miles_muso View Post
Good post and good reading. However, if you are going for the breach of contract, and giving them notice. (i assume this is so that when you use the mac code, and they bill you. you can fight it?) if this is the case. Im sure that in any legal battle in the uk, if you are giving someone notice it has to be 28 days.. Anyone with more experience may be able to correct me?

Just thought i'd mention it in case..

This go's both ways though.. if your service is down for 28days or more (from the day you reported it to tiscali) your contract is null and void. this is the same for any supplier, BT, Sky, Electricity, Gas, etc. etc. The Key thing is to have it on record that you have a problem, and they have 28 days to resolve.

Thanks

Andy

Last edited by TheARC; 04-May-2007 at 12:34. Reason: I missed of my name! ;)
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  #3  
Old 04-May-2007, 21:11
silver's Avatar
silver silver is offline
 
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Default Re: My attempt to get a MAC code: conversation transcript!

good luck and yes please keep us posted

Sil
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  #4  
Old 08-May-2007, 00:43
miles_muso
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Default Re: My attempt to get a MAC code: conversation transcript!

Hi all,

I've received a letter today from Robert Whitelaw of the Rascali Customer Care Team, the text of which is as follows:

Date: 03/05/2007
Thank you for your letter dated 19/04/07 regarding your Tiscali account.
I have investigated the issues raised and would like to apologise for the technical issues that appear to have affected your short time with Tiscali.
May I advise that without advising our technical department we are powerless to help and as you confirm you are not prepared to contact our careline numbers.
I note that since writing to us you have been in communication with our cancellation team and have requested a migration code. You will be invoiced for the term of your contract.
If you require any further information please do not hesitate to contact our customer care team on 0870 7449 966 option 4. Lines are open 8am to midnight 7 days a week. Calls are charged at national rate.
My letter to them, was as follows:

Dear Sirs,

I started broadband access with the above account on 16th April. I have experienced excessive drop-outs since installation, and usually have to re-boot the supplied modem (Speedtouch 330) at least once per hour to regain service, which has caused no little inconvenience.

On your website, you list one of your broadband benefits as “always-on connection” (see note 1). According to the English Sale of Goods Act, 1979, this benefit constitutes “…..an implied term that the seller [will provide]…….” Also, and further to the 1979 Act Part II, Section 14(2) “…where the seller sells goods in the course of a business, there is an implied condition that the goods supplied under the contract are of merchantable quality……” and “…..In the case of a contract for the sale of the goods, the business cannot rely on a term of the contract to exclude or restrict liability arising under [the above quoted extract]

Clearly, I am not enjoying this benefit and so I find you in breach of your contract.

I therefore request that you either (a) fix the problem or (b) terminate my service.

In the case of (a) above, I am not prepared to contact your customer services phone department as I have no desire to pay your company for premium rate telephone calls. I am fully satisfied that my computer and modem are configured correctly and will be glad to furnish you with the findings of a Microsoft Certified Engineer to prove that is the case. I have enjoyed an excellent service with my previous ISP, and thus am fully satisfied that there are no problems with my BT exchange.

In the case of (b) above, I will accept termination of the service only on the condition that you waive any outstanding contractual payments from the date that the service is terminated, and that you furnish me with a MAC code, pursuant with ofcom’s Condition GCOE 22 of February 14th 2007.

My complaint has been registered with ofcom as reference no xxxxxxx.

I hereby request a written response to this letter within 7 days. Should this not be forthcoming, I will assume that you have agreed with my request and are terminating my service.

Yours faithfully
As you can see, their written response confirms the date of my letter, 19th April, yet their reply was on 3rd May, which was NOT within the 7 day time period. therefore I am assuming they have agreed with my terms.

What's interesting is that, even though I was at pains to point out that I was NOT phoning to cancel my contract, they have assumed this to be the case and will be "invoicing me for the term or my contract." Thanks for being so understanding, guys!

As soon as they send me the MAC code (see conversation transcript at the start of this thread), I will write to them informing them of my next actions. (I'm sure you can guess what these might be, but I'm sure Tiscali themselves read this forum, so I do not wish to incriminate myself by stating them publicly.)

Watch this space!!!!!
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Old 10-May-2007, 18:47
miles_muso
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Default Re: My attempt to get a MAC code: conversation transcript!

Right.

It's the 10th May today, and they promised me a MAC code within 1-5 days of the 3rd May. I'm calling them now, and I'm not very happy!
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Old 10-May-2007, 18:51
miles_muso
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Default Re: My attempt to get a MAC code: conversation transcript!

Spoke to someone in customer care. MAC code was emailed to me on 7th. She gave it to me over the phone just now.

I'm going to leave Tiscali
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  #7  
Old 10-May-2007, 19:01
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silver silver is offline
 
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Default Re: My attempt to get a MAC code: conversation transcript!

cool

Sil
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  #8  
Old 13-August-2010, 12:31
jojo150
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Red face Re: My attempt to get a MAC code: conversation transcript!

We have finally got ours!

Requested it over a week ago but e mail never arrived, after being on hold to various different numbers all morning, I was finally given the number 0845 2637276 and they were able to give it to me over the phone.

Give it a try - Good luck!
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Old 08-September-2010, 15:31
gboi7728
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Default Re: My attempt to get a MAC code: conversation transcript!

To the agents credit though, the only purpose of a MAC code is to move the BB service and if you ask for it, it can only be assumed you are moving the service to a new provider, he has to notify you of any charges you may incur by doing this.

A lot of people ring up and get a much better deal from a retention team, it's not all bad.

:-)
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