Leaving the country during the first 12 months of my contract?
 

Hi;

I have been with NTL for about four years now for TV and Phone; I am thinking of adding broadband. However, there is a good chance that in about 6 months I will be selling my house and going abroad for a year. Equally there is a good chance I will be renting my house and going abroad for a year.

If I get broadband, will I still need a 12 month minimum term contract if I have other services?
If I sell up and move abroad within 12 months, will I need to pay a cancellation fee?
If I rent up and move abroad will I need to pay a cancellation fee?
Does anybody know a good broadband ISP who doesn't have a 12 month+ minimum term?

Thanks a lot to anybody who can help!

Re: Leaving the country during the first 12 months of my contract?
 

Where in the UK are you? Would open up a few more options

Re: Leaving the country during the first 12 months of my contract?
 

Sorry: Nottingham.

Re: Leaving the country during the first 12 months of my contract?
 

I wouldnt think youd need to pay anything as you are moving to a "new area with no NTL access" :D

Re: Leaving the country during the first 12 months of my contract?
 

That doesn't make any difference now, and hasn't done for nearly two years. You sign for 12 months, you pay for 12 months.

Harhoo, I suggest you find an ISP that doesn't have a 12 month minimum contract.

Re: Leaving the country during the first 12 months of my contract?
 

bluntly put IMHO, what MAY happen in 6 months or so, paying the remainder of the contract/cancellation fee is nothing in the the scheme of things compared to moving away etc.

what would it equate to? cost/wages/expenses etc

Re: Leaving the country during the first 12 months of my contract?
 

I *thought* Mr Angry (a forum member here) had proven this not to be the case?

I'll see if I can find the relevant thread.

Re: Leaving the country during the first 12 months of my contract?
 

Well, yes, I know it's not the greatest amount, but am reluctant to give NTL, whom I have given large sums of money to over the past four years and in return I have had OK but hardly great service, an extra 100+ pounds for, effectively, nothing. Bearing in mind that selling up and moving abroad for a year or two is going to cost me a shedload of money it makes sense to try and avoid splurging it out unneccesarily.

It looks like it might be better me going with zen.co.uk, whom you can leave with one month's notice, paying 24.99 a month and getting 8MB speed than going with NTL and paying more for a 1 or 2 MB service.

If I do this, however, will probably fire off my cable package with NTL and just go to Freeview to save the money I am paying for broadband, so may phone up NTL and see if I can negotiate with them to allow me a 6 month Broadband contract instead of me dropping my cable.

Re: Leaving the country during the first 12 months of my contract?
 

No, it wasn't proved. The discretionary action (read - not in the t&cs, ever) of early termination of contracts due to moving to an off net area finished in Jan 05.

Re: Leaving the country during the first 12 months of my contract?
 

The rules regarding early cancellations of contracts (be they NTL's or someone elses) are very clearly defined by the OFT.

"Discretionary" actions are of no relevance to a contract whereby they do not appear in the terms of the contract.

Unfortunately for NTL the Office of Fair Trading haven't moved their goalposts since 2001 - irrespective what NTL did in Jan '05.

The following is considered to be an unfair term under the Unfair Terms in Consumer Contracts - 2001 - SCHEDULE 2 (Regulation 5(5))

(c) making an agreement binding on the consumer whereas provision of services by the seller or supplier is subject to a condition whose realisation depends on his own will alone;

NTL cannot therefore claim a breach of the terms and conditions of the contract where you move house to an area they do not service. It is their problem that they cannot continue to provide you their services (an off net area).

As a consumer you have no control over what is an "on net" and an "off net" area - they do and this is therefore a "condition whose realisation depends on his (their) own will alone".

Quite simple really.




(e) requiring any consumer who fails to fulfil his obligation to pay a disproportionately high sum in compensation;

Re: Leaving the country during the first 12 months of my contract?
 

Nice one Mr A. :tu:

Re: Leaving the country during the first 12 months of my contract?
 

So why does any service provider that has a minimum term contract bother then, if it's not worth the paper it's written on?

Re: Leaving the country during the first 12 months of my contract?
 

Because most service providers can actually provide the service?

Re: Leaving the country during the first 12 months of my contract?
 

That's what I thought - AFAIK ntl:telewest is the only ISP with such geographical limitations.

Re: Leaving the country during the first 12 months of my contract?
 

ntl seriously need to start charging for installations again in that case.

What about Sky? If I moved from where I am now to a building where I wasn't allowed a dish, could I get out early?

Re: Leaving the country during the first 12 months of my contract?
 

But if you weren't allowed a dish, wouldn't that be because it was in some tenancy agreement or similar not to have the dishes, not Sky's lack of coverage?

Re: Leaving the country during the first 12 months of my contract?
 

Yes it would Mal.

Re: Leaving the country during the first 12 months of my contract?
 

Yes, it would be, but the principles still the same. I would be be able to view Sky, so, would I be able to get out early?

Re: Leaving the country during the first 12 months of my contract?
 

I'm sure I saw an episode of Watchdog where they said the customer is successful if they are the one who is not at fault in cases like this.

For example, I may move away for whatever reason. The new place I go to isn't in ntl's area. That would not be my fault therefore judgement would be in my favour.

However if I move somewhere which IS in an ntl area and Sky offer me a good deal and I chose it, that WOULD be my fault - I would make the choice of Sky over ntl.

Similarly, if I moved to a block of flats where a dish isn't allowed then I could not be held accountable for that.

Re: Leaving the country during the first 12 months of my contract?
 

It would depend on Sky's T&C.

Re: Leaving the country during the first 12 months of my contract?
 

Why would they hold any more water than ntls? If I'm unable to receive the service, then surely it should work the same?

Re: Leaving the country during the first 12 months of my contract?
 

Because in the above analogy you mentioned moving somewhere where the erection of dishes is not allowed. Sky might well be able to assert that you can recieve the services but in order to prove that they can supply the services they would need to affect "illegal trespass" (ie. erecting a dish where neither they, nor the occupants, are permitted to do so).

Whether you would be prepared to be complicit in such a trespass by affording them access to your property to prove their assertion is entirely debatable. However, I can't think of why anyone trying to legally terminate a contract would want to be seen to help the other party prove their case.

As I said, I'd need to study their T&Cs to establish what their premise is.

Re: Leaving the country during the first 12 months of my contract?
 

The OP knows there is a chance that he is moving abroad and he therefore knows that he may not be able to fulfill the minimum contract beforehand. Is the law still the same then? I was just wondering :)

Re: Leaving the country during the first 12 months of my contract?
 

If you leave the country and aren't going to come back, then you won't need to cancel at all ;)

They can't chase debts abroad .... ;)