It is definitely BT Wholesale which dreamt up Wholesale Calls Line Independent, in full knowledge that CPs that take WCLI gain control of Openreach lines that consumers are paying BT Retail to use.
Ofcom's latest response to my complaint about this scam is:
03 October 2008
Please accept my apologies for the delay in responding to your query.
We are currently in discussions with BT to clarify the situation and will respond to you as soon as possible.
Yours sincerely
:: John Ingham
I have responded as follows:
Thank you. As one of the citizen-consumers that Ofcom serves, may I summarise the legal position.
1. BT Wholesale appears to have slipped WCLI past Ofcom with the lie that it is equivalent to CPS.
2. BT Retail has purported to introduce a new condition 3 for domestic telephony which is plainly unfair, and therefore void.
(see
this link)
3. Sky is, so I read in several web forums but cannot personally confirm, slamming from CPS to WCLI consumers who are paying BT Retail for use of an Openreach line, and also taking SkyTalk (or whatever they call it).
4. In these circumstances, if the consumer instructs BT Retail to route a call via BT, by using the 1280 prefix, BT is contractually bound to obey that instruction, and only BT (Retail) can bill the consumer for that call. If Sky bills the consumer for the call, the consumer has no contractual obligation to pay Sky for it. On the contrary, the consumer should insist that he instructed BT to carry the call, and if BT has capriciously subcontracted it to Sky, Sky must look to BT for payment.
5. Moreover, the consumer has claims for damages against BT Retail for misrepresentation, against BT Wholesale for inducing a breach of the contract between BT Retail and the consumer, and, if Sky persists in seeking payment, against Sky for harassment for payment of a non-existent debt.
6. Finally, all this seems to me to be prima facie evidence of a conspiracy between BT Wholesale, BT Retail, and Sky. If so, Ofcom should not only be regulating against it, but also informing the police.