Switching ISPCommon problems

You could have a long wait if your provider won't supply your MAC code

In 2004 BT and Ofcom introduced a voluntary MAC Code of Practice (CoP). ISPs who signed agreed they’d provide customers with instant access to their MAC.

Sadly, because the code was voluntary many customers still suffered delays, and loss of service during the switching process.

Delaying tactics

ISPs have used delaying tactics, such as telling customers they can’t issue a MAC for the area in which they live or that a MAC can’t be issued until the customer pays a cancellation fee. 

Another common complaint has come from customers who are moving house and want to transfer their broadband connection. Often they’re told they can’t get internet access at their new home because ‘there’s a tag on the line’. This may sound like MI5 code for bugging your home but it simply means there’s already a broadband connection registered to someone else at your address.

Your rights

In February 2007 the Code of Practice became compulsory. This means your rights are now far clearer.

• Your ISP must issue your MAC within five days of your request and is not allowed to charge you for access to it.
• You may have to pay a cancellation fee if you switch within your contract term but ISPs can’t withhold MACs if you don’t pay the cancellation fee.
• Your MAC must remain valid for 30 days and, if it runs out, you can request another for free.

Exceptions to the rule

Some ISPs are exempt from the MAC Code of Practice, notably cable companies (Virgin Media, say). To switch from a cable service you’ll need to cancel the cable contract and take out a new contract with the new provider.

The other big exceptions to the rule are Local Loop Unbundled (LLU) providers. These are companies, such as TalkTalk, Bulldog and Sky that have installed their own equipment in the BT exchanges. Hopefully processes for switching to and from LLU providers will improve, with Ofcom currently looking into this. 

If you’re leaving an LLU ISP, you should ask if they’ve signed up to the MAC CoP. If not, ask them to write you a letter confirming that you want to switch provider. The provider you’re switching to should send you another letter within ten days.

Some LLUs have voluntarily joined the MAC process although this doesn’t necessarily make the situation any simpler. ‘The problem is that the providers haven’t agreed between themselves how to process each other’s MACs,’ says Jason Lloyd, head of broadband at moneysupermarket.com.

The difficulty is particularly acute if you are switching from one LLU provider to another, because the change has to be made by a BT engineer, who needs permission from both LLU providers. This could create real delays for the 1.5 million LLU customers.

How to complain

LLU providers are covered by another part of the Ofcom code. It is now the responsibility of broadband providers to ensure that technical problems don’t stop you from switching, so, even if there’s a ‘tag on the line,’ your provider should still be able to make the switch.

If your current provider puts obstacles in your way your first step is to complain to it; if that doesn’t work, report them to Ofcom (0207 981 3040). Ofcom won’t act on individual complaints, but if they get several calls about the same company they will investigate.

‘We have powers to impose penalties on providers up to 10% of their turnover,’ says Ofcom spokesperson Simon Bates. You can also contact independent dispute resolution services, CISAS (0207 421 7444) or the Office of the Telecommunications ombudsman (01925 430 049). Your ISP should belong to one of these.

Billing problems

It's not uncommon for your old ISP to continue taking payments after you've switched. This could partly be down to timing. ISPs charge monthly, not daily, so if your switch happens a day after your old company bills you, you'll end up paying double for a month.

To avoid this, ask your new provider in advance how long it will take to set up the switch from when you hand over your MAC.

If you're certain your old ISP has billed you in error, request a refund. If this fails, follow its complaints procedure, and keep records of all communication. If you still don't get anywhere, contact CISAS or the Office of the Telecommunications ombudsman (see above) after 12 weeks.