It's quite clearly stated in the Terms & Conditions http://www.productsandservices.bt.com/consumer/terms/ paragraph 15 that if you want a replacement box from BT, then you must return the original faulty one.
Your choice - either keep your faulty box or allow BT to swap it for a replacement box. You don't get to keep both.
If you've had the box for over 12 months, then it's yours anyway. BT are under no obligation to replace your faulty box. They are just trying to be helpful so that you can continue to use the service you are paying for.
Oh dear, we are going round in circles here.
BT are under no obligation to replace MY faulty box - exactly. And I don't want them to. I want the box they say I need in order to receive their service - which I am PAYING for. They do, in fact, have a legal obligation to supply equipment that will enable me to do this. The argument is over whether they have any legal right to reposses something that they state themselves is owned by me, and which their own letter to me states is mine.
So BT are "trying to be helpful" are they? If they really wanted to be helpful then they would leave me with the obsolete box (as they believe it to be) which is now mine and which has many unviewed recordings on it. They would issue a new and fit for purpose box so that I could continue with the service I am paying for.
If they were being "helpful" they would leave me with the obsolete box, especially as it has been mine (by which I mean paid-for) for several years.
O Distinguished Guru, I cannot help but applaud your trust in BT, unfounded though it appears. Perhaps you have transcended to a state of such perfection that you can believe no ill of anyone?
In this perfect state, perhaps you believe that BT are telling customers a load of rubbish about copyright law in order to be "helpful"? You must also believe that they were "trying to be helpful" when they set up lots of forums, so that customers can go quietly mad attempting to sort out BT-related problems.
If BT really wanted to be helpful, they would give their customers some means of contacting them other than by paying for their business service (where you get through to someone straight away). The other means of getting through to someone is by saying (to the phone robot) that you want to cancel your contract.
Which is what I plan to do in the very near future...
This has become most pointless circular thread I have ever read.Yes BT can be hopeless.
You have been given the solution.
Cancel and recontract.
it's how their system works.
You aren't going to get anywhere here and none of the CLs are going to refer this matter to the Mods so as this is a customer to customer forum you aren't going to get any further.
Put your common sense hat on and deal with the system in place.