Cable Forum

Cable Forum (https://www.cableforum.uk/board/index.php)
-   Virgin Media News Discussion (https://www.cableforum.uk/board/forumdisplay.php?f=10)
-   -   How can i sort this out?? (https://www.cableforum.uk/board/showthread.php?t=11280)

activist3 19-04-2004 17:47

How can i sort this out??
 
Hi,
I used to work in the Ntl Technical Support place in swansea and while i was there took the associate package of tv. telephone and internet. At no point did i sign any contract about length of term of the package. I have since left employment of ntl and the service is absolutly appalling. I have had three engineers out and have to reboot my box about 7 or 8 times a day. The aerial at the back (the one in the black rectangle box) keeps falling out causing me to have to move everything from around the tv to push the bloody thing back in. This is driving me absolutly bananas. After it has crashed today for the 8th time i have decided enough is enough and i want rid. I called customer services to ask them to cancel everything i had. They said that because i havent had it for 12 months i couldnt cancel the account. I advised them that i havent signed any agreement. She stated that it was irrelvant what i had signed and that i had made a verbal contract. I advised her that at no point had i agreed to sign up for the service for 12mths. She stated that i would have done in my first telephone call. I asked for a recording of the call to specify where i agreed a minimum 12mth term and she said we dont record the calls??? She then said the verbal contract didnt matter either because it is part of the terms and conditions of the service that you have to have it for 12mths. Nowhere have i recieved any terms and conditions or had to sign anything?

You may say that i should no better as a former ntl member of staff but i was dealing exclusively with dual up internet and was very unfamiliar with the tv or telephone contracts/packages.

The woman on the end of the phone said she wasnt prepared to discuss it any further, so i asked to speak to a supervisor at which point she said no and hung up.

If i find out i have then i will honour the 12mth contract but i am not very happy to do so under the current situation.

Can anyone help me? I cant understand why i should pay for something that never works. A new thing today is that every 30minutes or so it says your set box has developed a problem click on fix to sort, it then loses all the channels and asks me to switch off at the mains.

:mad:

paulyoung666 19-04-2004 17:53

Re: How can i sort this out??
 
hi and :welcome: to the site , have you actually asked them to fix it then ??????????? , or do you just want out of your contract ????????????? :)

Jason1 19-04-2004 17:55

Re: How can i sort this out??
 
if the service does not meet you expectations call this guy Simon Rees ntl Senior ofcom complaints advisor his in swansea cust relations on 0800 052 1229 between 9am and 5.30pm i am affraid only office hours he will get someone out to fix it look at canx or reducing your subscription weither you signed any thing or not your bound to a 12 month contract from install UNLESS you can prove the service is well below normal service expectations

DrAwesome 19-04-2004 17:59

Re: How can i sort this out??
 
Hi activist3 should you want to opt out of your contract you should be able to do so when the new prices are implimented at the end of this month.

andygrif 19-04-2004 18:06

Re: How can i sort this out??
 
Quote:

Originally Posted by paulyoung666
hi and :welcome: to the site , have you actually asked them to fix it then ??????????? , or do you just want out of your contract ????????????? :)

This is the crux of the matter isn't it? If the service is genuinely well below what could be described as satisfactory (to the average man in the street) then you could in theory give 30 days notice claiming breach of contract. To do this you must give them adequate notice of your intentions, and give every opportunity for ntl to rectify the problems to bring the service up to sat least satisfactory levels.

To do this I would write a constructive letter to the MD of the franchise you live in (details can be found on this site) sending it Registered Post, which requires a signature and can be tracked online, detailing each problem you have, how you would like it rectified and by when (be reasonable on the when bit....30 days is sufficient from the date of receipt of the letter).

If they do not meet these expectations within the 30 day period, and you can prove that the service is below contractual obligations, then you have the right to cancel. If you get to this point, and I doubt you will, again, in writing, citing each problem, the fact it was not rectified in a reasonable period, and that you are giving 30 days notice of termination of the contract. Again, do this by registered post. If they do not respond within that 30 day period, one could easily assume that they are in agreement of their breach, and come the end of the 30 day's notice, unplug everything of theirs or connected to their system, and cancel your direct debits.

Phone them up, and arrange collection of their kit.

However if all this is a bit too much....as Dr says above, should they introduce any change in the contractual pricing during the first 12 months of your contract, you have the right to give 30 days notice. Assuming that you subscribe to a service of ntl's that will have its prices changed.

Neil 19-04-2004 18:27

Re: How can i sort this out??
 
Quote:

Originally Posted by andygrif
To do this I would write a constructive letter to the MD of the franchise you live in (details can be found on this site) sending it Registered Post, which requires a signature and can be tracked online, detailing each problem you have, how you would like it rectified and by when (be reasonable on the when bit....30 days is sufficient from the date of receipt of the letter)

Would you like the phone number activist3?

activist3 20-04-2004 07:56

Re: How can i sort this out??
 
Thank you all for your reply's. The main problem is with the cable box. There is an aerial box at the back that is stuck on with a sticky-pad and it keeps coming unstuck causing the aerial to fall out. We have had two engineers out and both have said there is nothing we can do, it is just a design fault with the boxes and you just have to keep sticking it back in. Every time i press interactive or on demand, it comes up
"your box is experiencing problems and press select to fix" The blue icon in bottom right changes to starting and then i lose all channels and it asks me to switch off at the mains. This happens about 8 or 9 times a day.

I currently subscribe to the Basic Tv package,with all 5 add on packs, Ntl dial UP, Talk Unlimited.

It is so frustrating when the sticky box comes out because the screen just freezes and when you resart it it just says "TUNE" on the display and stays like that.

Do you know if the price rises will affect any of my services?? If so i think that would be the easiest way to get rid. Otherwise i will have to give that guy a ring!!!

Neil 20-04-2004 08:11

Re: How can i sort this out??
 
Quote:

Originally Posted by activist3
The woman on the end of the phone said she wasnt prepared to discuss it any further, so i asked to speak to a supervisor at which point she said no and hung up.

:afire:

Jeez-that makes my blood boil, did you get her name?

How long have you actually had the 'service' for?

Enterian 20-04-2004 09:10

Re: How can i sort this out??
 
Quote:

Originally Posted by activist3
Do you know if the price rises will affect any of my services?? If so i think that would be the easiest way to get rid. Otherwise i will have to give that guy a ring!!!

Dial-up internet is going up June 1st so you have grounds to cancel!

Stuart 20-04-2004 11:13

Re: How can i sort this out??
 
Quote:

Originally Posted by activist3
They said that because i havent had it for 12 months i couldnt cancel the account. I advised them that i havent signed any agreement. She stated that it was irrelvant what i had signed and that i had made a verbal contract. I advised her that at no point had i agreed to sign up for the service for 12mths. She stated that i would have done in my first telephone call. I asked for a recording of the call to specify where i agreed a minimum 12mth term and she said we dont record the calls??? She then said the verbal contract didnt matter either because it is part of the terms and conditions of the service that you have to have it for 12mths. Nowhere have i recieved any terms and conditions or had to sign anything?

Then, technically at least, the Terms and Conditions cannot be enforced. AFAIK (and I am not a lawyer, so could very well be wrong), a Verbal contract is not legally binding, as, in a court of law, it cannot be proved.

Quote:

The woman on the end of the phone said she wasnt prepared to discuss it any further, so i asked to speak to a supervisor at which point she said no and hung up.
That is unforgivable. I have worked in a few customer-orientated jobs (I haven't worked in a Call Centre though) and I don't know any company that would allow an employee to be rude enough to refuse to let a customer speak to their supervisor. I certainly wouldn't, even if the customer was going to complain about me.

As for the "service", that is also bad. Have you tried to get an engineer to replace the box with a different model?

SMHarman 20-04-2004 11:29

Re: How can i sort this out??
 
If you want out? Have you talked to NTL HR, as you were on an associate package I would imagine you have the opportunity to can it when you leave or are terminated (not sure which with the redundancies around).

This will have invoked a price rise also, another method of contract termination.

Is it not possible for there to be a cable running from this black stickypad box to the cable box rather than a direct connection? Sounds as if that could sort it.

Graham F 20-04-2004 11:38

Re: How can i sort this out??
 
When you take out an associate package you do not sign any agreement. If you then leave the company you are entitled to cancle your package as the price increases, and under the terms adn conditions this allows you to cancel your contract.

I would speak to HR as suggested here

MovedGoalPosts 20-04-2004 11:42

Re: How can i sort this out??
 
Quote:

Originally Posted by activist3
Thank you all for your reply's. The main problem is with the cable box. There is an aerial box at the back that is stuck on with a sticky-pad and it keeps coming unstuck causing the aerial to fall out. We have had two engineers out and both have said there is nothing we can do, it is just a design fault with the boxes and you just have to keep sticking it back in. Every time i press interactive or on demand, it comes up
"your box is experiencing problems and press select to fix" The blue icon in bottom right changes to starting and then i lose all channels and it asks me to switch off at the mains. This happens about 8 or 9 times a day.
<snip>

From the T&Cs (if NTL wish to play the game that you are bound to them regardless - it works both ways)
Quote:

23.4 Warranty
(i) We warrant that the Equipment will be free from defects in design, manufacture or materials except where caused by fair wear and tear for a period of 12 months from the date of delivery


That should put the cat amongst the pigeons :)

orangebird 20-04-2004 11:49

Re: How can i sort this out??
 
Quote:

Originally Posted by Scooby
When you take out an associate package you do not sign any agreement. If you then leave the company you are entitled to cancle your package as the price increases, and under the terms adn conditions this allows you to cancel your contract.

I would speak to HR as suggested here


You have to fill out an order form/contract, stating which services you want, and you have to sign a dd mandate..... Your services do not just get 'switched on'.

Neil 20-04-2004 12:36

Re: How can i sort this out??
 
Quote:

Originally Posted by orangebird
You have to fill out an order form/contract, stating which services you want, and you have to sign a dd mandate..... Your services do not just get 'switched on'.

But that goes back to what I was saying earlier about ntl being inconsistent-this user says he/she signed nothing, so ntl & their 'you have to do this' lark becomes a farce.

FWIW-When I had the associates discount, I didn't sign one single form, & my services did just get 'switched on'. ;)

orangebird 20-04-2004 12:40

Re: How can i sort this out??
 
Quote:

Originally Posted by Neil
But that goes back to what I was saying earlier about ntl being inconsistent-this user says he/she signed nothing, so ntl & their 'you have to do this' lark becomes a farce.

FWIW-When I had the associates discount, I didn't sign one single form, & my services did just get 'switched on'. ;)


That's because you already had ntl services. ;) In your case, it's just a change of tariff, not a new contract. The same will apply to activist3. If he had the services before the associate deal, he would've at least signed a dd mandate or payed a bill.... :shrug:

SMHarman 20-04-2004 13:31

Re: How can i sort this out??
 
Quote:

Originally Posted by Neil
But that goes back to what I was saying earlier about ntl being inconsistent-this user says he/she signed nothing, so ntl & their 'you have to do this' lark becomes a farce.

FWIW-When I had the associates discount, I didn't sign one single form, & my services did just get 'switched on'. ;)

Was it part of your contract of employment? The discount offers must have been mentioned in it and how the discount ends with your employment.

You signed your contract of employment.

Neil 20-04-2004 13:55

Re: How can i sort this out??
 
Quote:

Originally Posted by SMHarman
Was it part of your contract of employment? The discount offers must have been mentioned in it and how the discount ends with your employment.

You signed your contract of employment.

I never worked for ntl per se.

We received the discounted services (same as employees) for running NTHW.com, but I still din't sign anything etc.

The same would applied as if a customer that had ntl services started to work for ntl-they would just adjust the bill accordingly-they are not capable of doing the professional approach & preparing a proper contract etc. ;)

orangebird 20-04-2004 14:11

Re: How can i sort this out??
 
Quote:

Originally Posted by Neil
I never worked for ntl per se.

We received the discounted services (same as employees) for running NTHW.com, but I still din't sign anything etc.

The same would applied as if a customer that had ntl services started to work for ntl-they would just adjust the bill accordingly-they are not capable of doing the professional approach & preparing a proper contract etc. ;)


Why would they have to raise a new contract? The t&c's don't chnage, just the price... :shrug:

Neil 20-04-2004 14:21

Re: How can i sort this out??
 
Quote:

Originally Posted by orangebird
Why would they have to raise a new contract? The t&c's don't chnage, just the price... :shrug:

You don't think that someone doing work for ntl should have a contract?? :Yikes:

orangebird 20-04-2004 14:26

Re: How can i sort this out??
 
Quote:

Originally Posted by Neil
You don't think that someone doing work for ntl should have a contract?? :Yikes:


I was referring to contract of ntl services, not employment....

Neil 20-04-2004 14:34

Re: How can i sort this out??
 
Ok-either way I'm confused. :erm:

Bottom line is that it would appear that ntl have behaved abysmally in this instance, & for that alone they should waive any contractual obligations (for the services ;) )

orangebird 20-04-2004 14:41

Re: How can i sort this out??
 
Quote:

Originally Posted by Neil
Ok-either way I'm confused. :erm:

Bottom line is that it would appear that ntl have behaved abysmally in this instance, & for that alone they should waive any contractual obligations (for the services ;) )

If the service is abysmal, then yes.

Neil 20-04-2004 14:46

Re: How can i sort this out??
 
Quote:

Originally Posted by orangebird
If the service is abysmal, then yes.

Quote:

Originally Posted by Activist3
I have had three engineers out and have to reboot my box about 7 or 8 times a day.

That's poor for starters

Quote:

Originally Posted by Activist3
The aerial at the back (the one in the black rectangle box) keeps falling out causing me to have to move everything from around the tv to push the bloody thing back in. This is driving me absolutly bananas. After it has crashed today for the 8th time i have decided enough is enough and i want rid.

So is that.

Quote:

Originally Posted by Activist3
The woman on the end of the phone said she wasnt prepared to discuss it any further, so i asked to speak to a supervisor at which point she said no and hung up.

And as for that..... :eek:

Quote:

Originally Posted by Activist3
A new thing today is that every 30minutes or so it says your set box has developed a problem click on fix to sort, it then loses all the channels and asks me to switch off at the mains.

Hardly good service is it? :nono:

orangebird 20-04-2004 14:53

Re: How can i sort this out??
 
Quote:

Originally Posted by Neil
That's poor for starters


So is that.



And as for that..... :eek:



Hardly good service is it? :nono:


No it's not. I'm wondering why a replacement box was not given.... ?

Neil 20-04-2004 14:55

Re: How can i sort this out??
 
Quote:

Originally Posted by orangebird
No it's not. I'm wondering why a replacement box was not given.... ?

Same reason as other customers who have to come here to get their problems solved-inefficiency. :(

orangebird 20-04-2004 15:04

Re: How can i sort this out??
 
Quote:

Originally Posted by Neil
Same reason as other customers who have to come here to get their problems solved-inefficiency. :(


Activist3 was asked earlier in the thread whether he asked for a replacement box/or whether one was offered and he hasn't replied to that yet....

Neil 20-04-2004 15:08

Re: How can i sort this out??
 
Quote:

Originally Posted by orangebird
Activist3 was asked earlier in the thread whether he asked for a replacement box/or whether one was offered and he hasn't replied to that yet....

I hear you OB, but based on the way they have treated him thus far (& my own knowledge/experience of ntl), I will bet money that it wasn't offered for him to turn down......

andygrif 20-04-2004 16:01

Re: How can i sort this out??
 
Quote:

Originally Posted by Neil
But that goes back to what I was saying earlier about ntl being inconsistent-this user says he/she signed nothing, so ntl & their 'you have to do this' lark becomes a farce.

FWIW-When I had the associates discount, I didn't sign one single form, & my services did just get 'switched on'. ;)

When it comes to things like supply of services (not employment) I seem to remember that there is 'implied contract' meaning that by taking the service for a reasonable length of time, then you are in agreement with the terms and conditions. I might be wrong on this, and I agree it would not look very good, for example, if a company took you to court for never paying for their service, but could not produce a signed contract.

Neil 20-04-2004 16:03

Re: How can i sort this out??
 
Quote:

Originally Posted by andygrif
When it comes to things like supply of services (not employment) I seem to remember that there is 'implied contract' meaning that by taking the service for a reasonable length of time, then you are in agreement with the terms and conditions. I might be wrong on this, and I agree it would not look very good, for example, if a company took you to court for never paying for their service, but could not produce a signed contract.

I think you're right Andy-I think that they feel that your 'taking' of the service is your accepptance of the Ts & Cs.

MovedGoalPosts 20-04-2004 16:54

Re: How can i sort this out??
 
Usually for services sold remotely, over the phone, door to door salesman, and I suspect over the internet, there is a cooling off period, required by consumer legislation. After that period then you are deemed to have accepted the contract?

From the T&Cs
Quote:

2. Provision of Services
2.1 We shall provide and You shall use the Services and/or the Equipment subject to the terms of this Agreement which must have been signed by our authorised representative before it is binding. We will provide the Services to You from the date We activate them and will continue to do so unless this Agreement is terminated as set out below.


So can ntl produce a signed copy of the agreement, otherwise they are in breach of it themselves. Two wrongs don't make a right, and only the lawyers would really be happy in sorting the mess out.

activist3 21-04-2004 08:21

Re: How can i sort this out??
 
Hi, Thanks a lot for all your advice. I only manage t o get on the internet in the morning so by the time it comes around to the following morning there is lots of replys-so thanks again. i will try and adress a few points raised in the last few points.

1) When i asked for the associate package i had to telephone someone in HR telling them what services i wanted, then an engineer just turned up at the house out of the blue (no pre-warning) and installed the service. I remember when i first had NTL as i student i then had to sign a contract with the engineer--a big pink thing if i remember with loads of copies that you kept on. However the engineer just sais as your staff you wont need a contract because you are a member of staff.
2) I have had the service for 8mths.
3) When the second engineer came out he said to me that there was nothing he could do, he could swap it for a third box but this adapter thing would still keep falling off, he said it was a design fault and there was nothing he could do.
4) I left NTL last septemeber and wasnt informed of any prise rises, i just got an increased bill. At that point i suppose i should have cancelled but wasnt aware of the price rise clause.
5) I really need to get rid of this thing soon. I have an ill wife who is trying to watch the TV from the confines of a Sofa and cant keep getting up 8 times a day to switch the bloody thing off.
6) I think the only way i am going to get rid without a huge fuss is with the impending price rises, IF they just increase the price on one of the 3 things ive got can i cancel all of them?? When do the price rises increase?


Thanks All

:mad:

Stuart 21-04-2004 10:02

Re: How can i sort this out??
 
Activist3:

A couple of questions:
  1. When you say "Aerial", do you mean the lead to the TV from the box, or the cable from the wall to the box? If you mean the lead to the TV, could you use a Scart lead?
  2. What type of box have you got (it will say somewhere on the base of the box what model number it is).

activist3 22-04-2004 07:40

Re: How can i sort this out??
 
Hi,
My box is a pace box (?) and on the back left there is a balck rectangular box wchich has 2 aerials going into it, one long white one which i think goes to the box and another black one. I also have a scart lead going from the ntl box to the back of the tv.

Cheers

STONEISLAND 01-07-2004 16:44

Re: How can i sort this out??
 
hmmmmm not sure

arcamalpha2004 01-07-2004 17:56

Re: How can i sort this out??
 
3) When the second engineer came out he said to me that there was nothing he could do, he could swap it for a third box but this adapter thing would still keep falling off, he said it was a design fault and there was nothing he could do.






The above is very interesting, this seems to fall foul of the trade description act, so you should have no probs with a claim under the act.
It's a little like buying a car, the ignition key keeps falling out of the ignition barrel, when you go to the garage where you bought it they tell you, " sorry gov, there aint a lot we can do about that, design fault."
Three words, TRADE DESCRIPTIONS ACT.


All times are GMT +1. The time now is 07:54.

Powered by vBulletin® Version 3.8.11
Copyright ©2000 - 2025, vBulletin Solutions Inc.
All Posts and Content are © Cable Forum