Re: NTL Broadband Terms & Conditions Moving House?
 

Whoah!

This information is incorrect. Due to the services operating on rented equipment from ntl: then the same rules apply as governed by the Consumer Credit Act. You may wish to check this out prior to posting incorrect naughties on the forum mate.... (it's my job to know this btw). :D

Re: NTL Broadband Terms & Conditions Moving House?
 

Well the BBC/Watchdog website says differently, & (no offence) but I know which one I believe. :)

(Just for clarity-thats the BBC-as opposed to ntl, I'm not saying I disbelieve you personally. :D )

Re: NTL Broadband Terms & Conditions Moving House?
 

But there are exceptions to this rule (airline tickets being the one that immediately springs to mind.
There was something that Ntl used to defeat the DSR if it ever came to court. I just wish I had thought to keep a copy of it somewhere. :dunce:

Re: NTL Broadband Terms & Conditions Moving House?
 

Just having read this thread from my last posting in it #129 it appears that no one has bothered to take note of that post.

The contract between NTL and the customer is a Hire Agreement made under the Consumer Credit Act 1974. To be fully enforcable the Act requires that Agreements are in writing and signed by both parties.

Cancellation rights (changing your mind about the contract) may or may not exist and depend on where the contract was signed. If the contract was negotiated and signed on NTLs premises then there is no right to cancel (cooling off period). If the contract was negotiated by phone or letter and signed in the customers home then again there is no right to cancel. If the contract was negotiated face to face and signed away from NTLs premises then there is a right to cancel. Cancellation can still take place after the equipment has been installed if it is within the cancellation period that the law stipulates. An installation satisfaction form, if worded in the correct manner, can remove the termination right if the customer signs it.

One point to remember si

The quote was from a document at http://www.oft.gov.uk/NR/rdonlyres/A...0/0/oft017.pdf

Whether Agreements are cancelable or not are summarised at
http://www.oft.gov.uk/NR/rdonlyres/C...D/0/oft018.pdf
http://www.oft.gov.uk/NR/rdonlyres/1...E/0/oft019.pdf

Re: NTL Broadband Terms & Conditions Moving House?
 

I saw it Ian, and assumed from it that my agreement is not legally enforcable as it was not given in writing and I did not sign it.

Re: NTL Broadband Terms & Conditions Moving House?
 

Did you, or anyone else left to supervise the installation sign the satisfaction sheet?

Re: NTL Broadband Terms & Conditions Moving House?
 

Well yes but surely that's the satisfactory installation sheet (it was just one sheet of paper on a clipboard with lots of boxes on it), not the hire agreement. I don't suppose ntl would have a chance in hell of finding it anyway.

Re: NTL Broadband Terms & Conditions Moving House?
 

Myself I signed the contract with a NTL salesman at my home. I did sign the satisfaction sheet but cannot remember the detail of it but do know that I was satisfied with the content of it. Is there an online copy of this form or can one be scanned and posted?

If anyone is unsure of what they signed they can always ask NTL for copies of all documentation, memos, notes and computer records that they hold. This is done under the Data Protection Act which may involve a £10 fee.

I was present at my daughters installation and the installers didn't ask for any satisfaction signature which I thought was rather odd.

The law is very specific. The information given to NTL employees appears to be very flawed and some statements that have been posted by them on here have been completely contrary to the provisions of the law.

Re: NTL Broadband Terms & Conditions Moving House?
 

Like I've said, the so-called 'cooling off period' doesn't apply once the services are installed.

It is commonly mistaken for a 'trial period', when it isn't.

The said period legally only applies to installations that are sold by a salesman who calls at the customer's house. It's then 'distance selling'. These are always booked for seven days later anyway as a matter of process.

If a customer rings up, requests the service, then changes their mind the day after install...it's bad luck I'm afraid.

Like I've said earlier, get a company to install some windows then tell them you've changed your mind the day after they have fitted them. Not going to happen.

And please don't tell me I'm posting 'naughties'. Dealing with these sort of requests used to be my job, and the whys and wherefores of the contract were part of our in-depth training for that job.

There is, as I have stated, a different situation if the service does not work properly once installed. The customer is then entitled to reject the service under the sale of goods act. Although the company will always offer to get it fixed, which in many cases the customer is happy with, the customer is under no obligation to accept this.

Re: NTL Broadband Terms & Conditions Moving House?
 

Sorry m8, but I don't agree. :angel:

According to The BBC Watchdog site, the following applies....

Taken from here: http://www.bbc.co.uk/watchdog/guides...w/index4.shtml

[Edit]-More info here....

Taken from here: http://www.dti.gov.uk/ccp/topics1/fa...stancesell.htm

Re: NTL Broadband Terms & Conditions Moving House?
 

The cooling off period is FIVE days from the day the customer receives either a second copy of the agreement or a separate copy of cancellation rights. This is applicable to all contracts signed face to face with a NTL representative and is not signed on NTL premises. It does not need to be in the customers home. When the contract is signed in the presence of a NTL representative it would be normal practice for the second copy to be given to the customer at that time.

Having discussed the cooling off period at the start of the contract there still remains the more important question of whether a valid contract exists under the terms of the Consumer Credit Act 1974. If the contract is not in writing in the prescribed form and signed by both parties and the customer supplied with a copy then NTL are in breach of the Act and the contract would possibly not be enforcable in law.

Re: NTL Broadband Terms & Conditions Moving House?
 

Now I might be being thick :dunce: (it has happened before. Once) but does that not back up what Scrotnig and I are saying.

The services (which I'm sure the phoneline, TV and internet would be classed as) have a cooling off period of 7 days from the date of agreement. As the installation is never done before 7 days once it is installed the customer has had their cooling off period.

I recently had Sky installed and didn't have to send any signed contracts back. I'd imagine they are using something similar to Ntl contract wise. :confused:

Re: NTL Broadband Terms & Conditions Moving House?
 

Yes but don't you own the satellite dish and stb with Sky? If so, it isn't a hire agreement.

Re: NTL Broadband Terms & Conditions Moving House?
 

The contract you sign with NTL is a financial services contract under the Consumer Credit Act 1974. The Consumer Protection (Distance Selling) Regulations 2000 do not apply to agreements made under this act which has its own cooling off period of FIVE days.

If the NTL agreement is a cancellable agreement under the act then it can be cancelled even after installation if that installation is within the five days cooling off period.

Sky contracts are not made under the Consumer Credit Act 1974 and so different conditions apply. My Sky contract was accompanied by a letter stating that you had to sign and return a copy of the contract. I found the letter but the actual contract is somewhere in the loft but I'm not going up there. :)

Re: NTL Broadband Terms & Conditions Moving House?
 

not trying to be funny about this scrotnig.... but it's my job to know about these things. A cooling off period IS applicable regardless of whether the services have been installed or not. Where are you getting your information from??