Nine Telecom vs. Optimum Calls, where do I stand?

[Verastar Ltd]

Website came back again later on Monday night. Phoned this morning and they were insisting they were Premier and denying any take over etc. After quite a few heated minutes conversation was passed to a different department and did start admitting the true position that they are in Manchester and that Premier had been taken over by Verastar and eventually managed to extract that the Broadband is being transferred to the TalkTalk network next week. I'm quite adamant I don't want TalkTalk and he is just as adamant that it is going ahead anyway and it's going to be a wonderful service! I've asked that the position be put in writing in an email - nothing received to far. Must have been on the phone for around an hour, including about 25 mins of him phoning me back. Not at all happy.

We’d like to speak to you about the issues raised in your post, but we haven’t been able to identify you from your screen name. If you would like to send us a private message with your contact details and best contact time, we can arrange for one of our escalation advisers to contact you.

 

[Verastar Ltd]

In response to the various issues raised on the forum, we thought it would be helpful for us to provide clarification. Some of the below has already been posted on the forum in the publication of correspondence sent by Nine, or by Business Comms Solution Limited (“BCS”), but it may be helpful to have it in one place.

BCS has a number of brands, including Premier and Optimum Calls and previously received wholesale services from Nine. Late last year, a dispute arose between BCS and Nine which reached the High Court, but which has now been settled. During the dispute, Nine invoiced customers for services provided to customers, even though BCS was then (and still is) your service provider. In effect, Nine temporarily stepped into BCS’s shoes. As part of the High Court dispute, a Judge held that rather than “unscrambling” the invoices issued by Nine, those invoices should stand (see poolman’s post on 15 January 2016). To avoid customers being charged twice, BCS has not invoiced customers for the services customers received during that period.

Verastar Limited bought BCS in February 2016. Earlier in February 2016, BCS and Nine wrote jointly to customers confirming that the dispute had been settled on confidential terms, but that the invoices received from Nine should still be paid (see poolman’s post on 19 February). We realise that before the dispute was settled you may have been told otherwise, and we apologise for that.

BCS is aware that Nine has threatened legal proceedings against customers where its invoices remain unpaid. BCS’s position is that the invoices should be paid as customers received services. Where customers have concerns about paying Nine’s invoices they should contact us and we’ll do our best to help. For Premier customers, please use 0845 241 4668. For Optimum Calls customers, please use 0845 241 4662.

 

[japancool]

Unless Nine can produce a contract between the customer and themselves, or BCS included a clause in their contract that allowed a designated supplier to take over the contract for supply, Nine haven't got legal grounds for demanding payment.

The customer did not request Nine to supply those services. If Nine had wanted to do so, they should have contact the customer beforehand, laid out their terms and charges, and given them an option to cancel, which, judging by the correspondence posted here, they haven't.

Unless I'm mistaken, the amounts that they are threatening legal action over would count as a small claim anyway, and they are not entitled to claim their legal costs back under those circumstances.

They're chancing their arm, on the assumption that the mere threat of legal action will cause the customers to pay.

 

[Claire F]

Just to add another layer of confusion, today I have received a letter from 'kinex' advising that they are now supplying our telecom services. Apparently kinex are part of the Verastar Group and have been supplying the service since Varastar bought BCS in February. Another name to add to the list of people involved in this very messy process! Has anyone else received this letter?

Contact details as follows if anyone needs them:

Questions about the change: 0161 946 4550 - Monday to Friday, 9am to 6pm
All other Customer Service enquiries: 0161 465 6655 - Monday to Friday, 9am to 6pm
General Email Address: service at kinex.co.uk
Sales Email Address: sales at kinex.co.uk
Website: kinex.co.uk
Address: Longley House, Longley Lane, Manchester, M22 4SY

Apparently our terms and conditions can be found here: kinex.co.uk slash bcsterms

Off to go through those now.

 

[DavieO]

I got my letter as an email yesterday. Not too bothered about it as long as the service stays the same and price doesn't change. Regarding my other issues with Nine Telecom, I received £150 compensation from Premier (BCS). I have also had word from a debt collection agency hired by Nine chasing their bill. I informed the agency I would not be paying unless they could provide a signed contract showing I agreed to them providing a service. They said they would go back to Nine with my request. Phoned them a week later and they told me they were no longer dealing with this. lol

 

[Claire F]

Hi DavieO - glad you got a good outcome
The terms and conditions not very detailed and there is no link to charges. but hopefully if they have been handling everything for the last few months then we will continue on from here on the basis we have finally established over the last hew months.
The Trustpilot reviews on kinex make interesting reading. I never wanted to be involved with Unicom (Verastar), so a bit ironic to find out that is where we are - until the contract expires at least, which is only a few months now.

 

[coldebs]

im so glad i decided to leave optimum calls after all the messing about. found a cheaper provider and havent had any problems with them. im now with talk talk business and have halved my bill each month.

 

[japancool]

http://www.unicom-complaints.co.uk/