The CWC and Videotron saga continues (9 August 1999) History Those who have been following CUT's progress for some time will realise that it grew out of a single-issue campaign, Cable and Wireless Watch. Cable and Wireless Communications took over the Videotron cable company in mid-1997. The 'Videotron tariff' (unmetered off-peak cable-cable local calls for both voice and data), although several years old, is yet to be improved on in the United Kingdom (with the exception of screaming.net and Greatxscape), which is a telling state of affairs and explains why many people defend it vigorously. Over the past couple of years CWC made persistent noises about terminating the 'Videotron tariff'. CUT was kicked off by the Festival of 'Free' Calls in front of the then HQ at Red Lion Square in central London. CWC employees have told us that this demonstration, and the Web site that supported it [archived (1.2MB download)], were instrumental in saving the tariff for those currently enjoying it. The latest twist Since then CWC has fallen. Graham M Wallace, the then Chief Executive, moved on to Cable and Wireless itself, digital television and cable modems were announced then became delayed and, most recently, CWC's residential cable assets have been sold to NTL so that, in time, CWC will disappear as a brand. With such important issues to worry about in the short and medium term it would seem sensible for CWC to leave former Videotron subscribers alone. Characteristically, it did not. In a letter sent to some former Videotron subscribers dated 29 July 1999 Janet Somerville, the Consumer Marketing Director, announced 'some choices we think you'll appreciate'. The 'choices' were not generally appreciated: either pay CWC an additional £120 per year - for nothing at all as the service would remain unchanged - or lose unmetered calls to business customers (in effect, ISPs). Unmetered calls to residential customers would stay. The reaction Predictably, we have been overwhelmed with complaints and requests for help; two of the ISPs involved, Direct Connection and Metronet, have attacked CWC in a joint press release. Remarkable as it may seem, CWC (or any other cable operator) can make such an arbitrary and absurd change of tariff, which would be suicidal in a properly competitive market. We offer three pieces of advice: Go to your solicitor or your local Citizen's Advice Bureau and see what help they can give you. Even the new contract (which all Videotron subscribers received earlier this year) gives CWC no option to change contract terms, even with notice. The only sanction CWC (as well as the subscriber) has is to offer one month's notice of termination, after which CWC can offer a new contract which the subscriber may or may not choose to accept. CWC have not made any such offer in this case and are trying tacitly to impose a contract change. Phone CWC, let them know you're angry and lodge a formal complaint. Write a letter directly to Janet Somerville and copy it to the Chief Executive, Greg Clarke. Tell them you are paying the £10 under protest. Tell OFTEL what you've experienced using their complaint form. OFTEL wants your feedback and has put a case officer, John Naughten, in charge of investigating CWC on this issue. In legal terms the best you can do is to force CWC to give you proper notice, which is one month leading to termination of contract. You could try to mention Videotron's original advertising, which made it clear that the unmetered tariff was an intrinsic part of the service, not an offer or a gimmick. CWC have clearly gone back on this promise, but whether this results in anything legally enforceable is questionable. Finally, we note that several CWC customer services people with whom we and others have spoken agree unprompted that what CWC has done is absurd in business terms. We have little faith the company will react responsibly or with the best interests of its subscribers in mind - it is no surprise to us that CWC lasted only two years - but there is no reason not to cause a fuss. Disclaimer We're not lawyers, so don't take what we say as definitive. As we say earlier, you should seek advice from a qualified legal practitioner. And finally for the time being ... It has escaped neither our attention nor that of others that this whole saga has implications for non-Videotron CWC customers.