Legal Action Against NTL
 

I raised a point in another thread about the standard NTL policy of crediting back excess charges against future bills...

Ok - bear with me if I give a bit of background waffle first...In my case NTL issued a new unrequested 12 month contract to me 6 month into my exisitng 12 month agreement. I moved house at this point, but that should not have changed the contract as NTL specifically state that contracts and direct debits continue as usual. Interestingly, the new 12 month contract they sent had a 40% tariff increase. Unbeknown to me NTL also cancelled my direct debit.

When I phoned customer services to complain I was told the bill sent with the new contract would be rectified and a new contract would be sent reaffirming my exisiting agreement. However, before this occured NTL disconnected me for non payment.

A couple of points:

• NTL had debited my account under the terms of my existing (signed by me) contract only one month previous to the disconnection
• If I paid the bill relating to the new contract it would signal my acceptance of the new 12 month agrement with 40% price hike. Paying that bill would make that contract legally binding. Hence, I was not prepared to do that.
• I went to great lengths to pay for the month's services under the original contract terms but NTL made this impossible, refusing to resissue the bill and telling me I had to pay the incorrect bill in order to be reconneceted.

Now, in later weeks after I had been disconnected, NTL suggested that I must pay the original incorrect bill in full as the excess had been/would be credited against subsequent months service. So, what they wanted was for me to pay the initial overcharge, and then continue paying slightly reduced amounts for the months in which i was disconnected - despite the disconnection being due to their error! So they were trying to force me to pay according to the unrequested new contract and pay for months of non-service too!

Q. What is this NTL policy of crediting back excess charges over time all about?

Is it simply that the company are refunding genuine errors and thus behaving responsibly?

Say NTL overcharge me or you £15, and return that £15 over 3 months in the form of phone services offered at a reduced rate.

• NTL are not returning the £15 as such, but telecom services valued by them as equivalent to £15. Meanwhile the obliging customer must continue paying for other services in order to receive the refund due. From NTL's point of view, this therefore largely cancels out the cost of issuing a refund.

• In the meantime NTL have your £15 - effectively on interest free loan. In 2005 NTL had an estimated 2 million active broadband subscriptions. If they overcharge 1 in every 20 customers £15 then we are looking at 100,000 x £15 on interest free loan. That is £1.5 million pounds.

• That £1.5m would not be static but earning interest. If NTL were to pay back the initial overcharge through services rather than direct refunds, the cost of repayment would be less than the £1.5 they earned from overchaging, plus there would be a significant profit on interest.

In civil cases hearsay is admissable before the court (in civil cases proof is about probability rather than beyond resonable doubt). I am sure there a fair few numbers of disgruntled customers with cases regarding overcharging against NTL. If complaints are collected (say on this forum) then they can be submitted before the court and presented as evidence backing up individual cases. Of course, it will be the merit of the individual case that counts, but my point is that a dossier of similar complaints may add weight to the individual case and show that consumer complaints placed before the court are not just one off occurances but a direct result of company policy.

Thoughts anyone?

Re: Legal Action Against NTL
 

Whatever the " overcharge " is I would guess you are legally entitled to a " cash " refund if you want to push the matter.

I mean if you bought a tin of beans from joe bloggs shop and they charged you £1 instead of 50p and you protested is it ok to just palm you off with another tin of beans?

You state the new contract was " unrequested " as far as I know NTL can send you new conracts as they seem fit.
Whether you stay with NTL or any company for that matter is up to you.
The contracts are a size fits all cases thing, where say you may have fulfilled your minimum 12 months, mr smith down the road may not have, you can cancel if you so wish, if the changes in the contract relate to service charges then you can cancel the account even if you have not had them for 12 months, but you must inform them within 30 days of you receiving the increase demand.

Re: Legal Action Against NTL
 

Any other company I have dealt with do offer a cash refund on overcharges.

NTL meanwhile refused to correct the overcharge and attempted to force me to pay it and agree to a new 12 month contract with 40% price hike.

A contract is a legally binding document and this is why people have such trouble cancelling services - NTL have a right to keep billing you for the duration of the contract whether you want the services or not.

However, a contract is only legal if it is assented to by both parties - so NTL's new 12 month contract with 40% rise is not binding on me - unless I signal assent by paying the bill relating to it .

I did inform NTL in writing by registered mail that they had breached their own terms and conditions and that I was not under obligation to be bound to the pre-existing contract (this is my right under the supply of goods act). I received no reply and they continue to bill me.

I also sent a formal complaint asking for the complaint to be sent to ADR, to which they also have neglected to respond.

The matter has since been referred to consumer direct, various media sources, regulatory bodies and ombudsmen.

Re: Legal Action Against NTL
 

Your best bet would have been on getting no joy from NTL contacting your local consumer protection department which should be based in your local council, they could tell you for sure how you stand, which is what happened when my sister had an issue with NTL that NTL couldnt sort.

Re: Legal Action Against NTL
 

Consumer Direct advice was basically to do everything that I already have done.

They did point out that I can phone ofcom ( i was under impression ofcom would not deal with individual cases) and also recommended CISAS - The Communications and Internet Services Adjudication Scheme

I do recommend CISAS to anyone seeking dispute resolution outside the court, but who have no joy joy getting NTL to refer the matters to arbitration directly.

---------- Post added at 13:09 ---------- Previous post was at 12:24 ----------

I just checked throught the companies registered under the CISAS arbitration scheme and NTL isn't listed, so I am not sure if CISAS can help after all (although Consumer Direct put me on to them). I will update if I find out more.

---------- Post added at 13:49 ---------- Previous post was at 13:09 ----------

To get thread back on track - anyone have thoughts on collating complaints as background evidence for civil cases?

It could be a useful resource available for anyone seeking damages.

Re: Legal Action Against NTL
 

You should ahve paid the normal amount and asked them to put the rest in dispute untill they could get it sorted.

In addition if they aren't members of the CISAS scheme then they may be memebers of OTELO. :)

In addition OFCOM don't take on individual cases tehy old do somehting when they get a long list of complaints :(

Re: Legal Action Against NTL
 

Yes that is good advice!

Sadly in my case NTL told me to await a new bill, and then cut me off! They cut me off 4 weeks after the incorrect bill arrived, and just over a month after they had debited my account as usual according to existing contract. They then told me I would only be reconnected if I paid the incorrect bill in full. So paying the normal amount wouldn't have resolved the problem. I do see your point as in hindsight it would have been a point in my favour, but at the time I lived in hope that NTL would sort it out and reissue the bill according to my original terms and reconnect me.

N.B In normal cases disconnection for non-payment happens at a point considerably after 4 weeks from the date an intial bill is received. Normally several warning letters are sent first!

In actual fact disconnection occured less than 2 weeks after that months direct debit was due. Not only that, but NTL had not informed me that the DD was cancelled, and whilst I noticed they were 10 days late in collecting the money, i assumed it was because they were adjusting the billing figures as that is what I had been led to believe by customer services.

Re: Legal Action Against NTL
 

Update:

I received an intial response from Sir Richard's Branson's office this morning, following my letter to his office regarding NTL's business policy. I sent that letter only two days ago. It occured to me that I would be much more likely to get a response from Branson's office than I ever am to get a returned call/acknowledgement letter etc from NTL. How true that has proved!

Meanwhile the staff at NTL head office haven't been able to pull their finger out to respond to a formal notice of intended legal action that I sent to them by registered post.

Re: Legal Action Against NTL
 

Where's my friend Mr Angry?

He would be a worthwhile addition to this thread.... ;)

Re: Legal Action Against NTL
 

We have high-level contacts directly in to ntl - PM me if you want us to intervene.

Re: Legal Action Against NTL
 

I think Mr A may be on holiday.

Re: Legal Action Against NTL
 

What a superb thread. I hate it how NTL refuse to give refunds when they overcharge you. I've previously been in the position where I've had to agree to a new contract to get the money I was owed. Fortunately this contact was cancelled when I got my latest deal so I won't be joining in with any legal action just yet.

Anyway good luck - this could be rather expensive for NTL if you win :cool:

Re: Legal Action Against NTL
 

Well, thankyou I do appreciate the time spent by everyone on these forums in sorting out problems, and it is a great forum.

However, I did follow up that option when I first posted my case a month ago and sent off my a/c details, and NTL declined to get back to me.

I do think that it is top level company policy (rather than resource restricted Customer service reps trying to keep their jobs) that is the main problem, so I guess county court judgements are more likely to bring about changes in the long run.

---------- Post added at 16:54 ---------- Previous post was at 16:49 ----------

Well, it could certainly be expensive for them if they had to stop overcharging people!:)

Re: Legal Action Against NTL
 

There have been some issues recently which may have meant our requests to ntl have not been recieved - this now appears to have been resolved and I can guarantee you a response if want me to get involved.

Re: Legal Action Against NTL
 

obviously i have no idea around your account, however you say it should be way after 4 weeks of the bill being produced that you were disconected, however there may have been a credit limit on the account, often people with direct debits are completly unaware it is on there as it wont have affected them before.

also you said your letters of pending legal action went ignored, the ntl legal department wont respond to any letters of this sort.

they are there purely for legal procedings, if you take them to court then they will get involved, however you do need to take it all the way, not just threaten action

Re: Legal Action Against NTL
 

With all due respect, I think you missed the point. I am saying I should not have been disconnected because I refused to pay an invalid contract - as is my right. Neither should I have been refused reconnection when I reasonably offered to pay the months services according to my preexisitng and valid contract. This is doubly true as I had been told to await correction of the invalid contract/bill by CS prior to disconnection.

The timescale is just a side observation. The DD was only ten days late. NTL had not told me they had cancelled the DD, and given my conversation with CS regarding the reissuing of bills I could not be reasonably expected to know my account was in arrears. The main point, however, is that the arrears related to an invalid contract.

There are laws in this country against switch selling. Switch selling is a deceptive way of selling that involves advertising a product at a very low price in order to attract customers who are then persuaded to switch to a more expensive product.

NTL have attempted to force me onto a 40% more expensive tariff and 6 month longer obligation. When I stated that I wanted to retain my original agreement they used intimidation to attempt to make me pay - and become legally bound - to the new contract. They disconnected services, they threatended my credit rating, and they refused to handle my complaints according to their own terms and conditions.

Despite all of this I tried very hard to honour the original preexisiting contract, bu spending hours of my time calling CS and requesting a bill that accorded to my previously agreed contract.

A Notice of Intention is a legal proceeding, and a prerequisite to court.
It is also interesting to know that the formal complaints procedure regarding ADR is ignored as a matter of policy, if this is indeed what you are saying.

Re: Legal Action Against NTL
 

NO i wasnt saying that at all, however i may not have written it well, what i was tryin to get across is that the legal department are not customer facing, so would only get involved once a complaint has been escalated using the correct proccedures

Re: Legal Action Against NTL
 

Which brings us back to "and they refused to handle my complaints according to their own terms and conditions."

Legal proceedings are the only realistic method of bringing NTL to its senses. One only has to look at the posts regarding their incompetence and deceit on these forae to realize that until such time as a legal precedent has been established then NTL will, quite happily, continue disavowing and abusing their customers.

Re: Legal Action Against NTL
 

He's back! https://www.cableforum.co.uk/images/local/2006/08/9.gif

I love Mr Angry! :romance: :D

Re: Legal Action Against NTL
 

I KNEW IT. :rofl: :omg: :D

Re: Legal Action Against NTL
 

I've been in a similar situation, ending up threatening court action and having my correspondence passed to their Manchester 'Customer Issues' department. I do NOT all DDM's for the reasons you outline, and I also demanded (and received) full credit for the £50pa additional fees now levied for those who refuse to let ntl have access to their account. With my services disrupted for three days on three occasions, and the total loss of TV, Phone and BB at a stroke, I advised them that I viewed such disconnection - putting me back into the dark ages with a total comms shut-down - as worth £50 per day in inconvenience alone. NTL said the true cost was £5.23 in total for the three days, and could I justify my assertion that it was £50? I pointed out that they are quick enough to 'fine' customers for paying late, threatening them with credit blacklisting and debt collectors, so this was one customer who resented this, and was not prepared to be treated in this way. If my £150 wasn't forthcoming, I'd take what ever credit they'd offer, but I'd raise a small claims action for the balance.

We then moved to the 'negotiation' phase. By NTL staffer said he couldn't arrange a credit of that amount, as £50 was his limit. The end result was an immediate £50 goodwill credit, My 10Mb BB was to be halved in cost for 6 months, and some package alterations. The end result I achived savings of £204, which will be fully recovered in 6 months. Meanwhile my services continue as normal, my monthly bill is less and I still have full control of my bank account. The bottom line, stick to your guns and negotiate a deal you are happy with that reflects your disruption. They started the unpleasantness first, so don't be shy in getting your own back.

Re: Legal Action Against NTL
 

When I moved house once and transfered ntl to the new house, they came round and installed it all on time etc. But, they had took my payment off direct debit (as it was on) and didn't tell me this. This caused me to miss a months payment, as I just glanced at the bill, thinking it was still on DD. I paid it when I got the next bill (which was for 2 months) but they didn't cut me off or even send me a warning letter.

Re: Legal Action Against NTL
 

any updates on this hotscotchbonnet?

Re: Legal Action Against NTL
 

I agree with Mr Angry, there are so many of these types of complaints building up that something has to be done about NTL. its a disgrace! There must be something that can be done about the way NTL is extracting money out of people in these ways? Maybe OFT or some consumer protection body?:confused:

Re: Legal Action Against NTL
 

How about some kind of lobby website? :)

Re: Legal Action Against NTL
 

There is one - take a look at;

http://www.consumeractiongroup.co.uk/

It gives advice on Small Claims Actions, Data Protection and other bits of interest to consumers who feel they're being railroaded!

Re: Legal Action Against NTL
 

I prefer www.nthellworld.co.uk or www.cableforum.co.uk

Re: Legal Action Against NTL
 

You should has said it was a rhetorical answer! To be fair, the site details given also provides template letters to make suppliers sit up and take notice, and I've used them on more than one occassion to assert my legal rights. It's all very well moaning on here, but using hte law of the land to back up your claim gives you a warm glow!

Re: Legal Action Against NTL
 

Template letters are all very well but you can never be 100% sure who (if anyone) will read them. This site promises a resolution.

Re: Legal Action Against NTL
 

Totally agree about template letters.
However, why should customers having grief with NTL have to go through this site to get something done? is it too much to ask of NTL to provide a competent service? where when a customer contacts them by mail there is a process in place that deals with that letter.
I think too much emphasis is on gaining more customers, and not in keeping the ones they have happy.
Another point about people using this site to complain, how many people actually know about the site? and all the complaints are not always able to be resolved through this site due to people not having computers.
I dont see on my bill under the complaints section " log onto www.cableforum.co.uk to make a complaint "
They should concentrate < NTL > on having in place a system that works for everyone.

Re: Legal Action Against NTL
 

I think you misunderstand what a template letter does? It provides the precise wording required to comply with giving a supplier diue notice prior to raising court proceedings. It's called a 'Letter Before Action'. Who reads it doesn't matter, as once served on the company HQ the clock has started.

Sure there are times when an informal approach might resolve an issue, but there's no guarantee. In my own case ntl weren't interested in an informal resolution to my problem, my service was cut off and my details passed to a debt collection agency (all unjustified). Why should they benefit from goodwill on one side, when they're so quick to rubbish a custoimer of 14 years standing?

The ending of Responsetek is a case in point. If thery want to play hard-ball and fine loyal customers for choosing to pay the way that suits them best, or pay a few days late, or illegally charge £20 for reconnecting services, they deserve all they get - and a consumer site like the one referred to earlier provides consumers with the firepower to make them sit up and listen.

Re: Legal Action Against NTL
 

There isn't? :confused:

Re: Legal Action Against NTL
 

Absolutely, This forum - useful as it is - has absolutely no legal standing within the ntl business plan. As I have discovered staff members of the company who are members of this forum take it upon themselves to assist those as and when they can. Whilst I and many others are delighted that they take this positive approach, as mentioned in an earlier posting, this is no alternative to the 99% of other ntl customers unware of this siter, and as many staff members point out, they provide this service under their own responsibility.

If my rights have been infringed, the court action appears to be the only redress against the company, a thread of unofficial emails would not be accepted, and it would be folly to pretend otherwise.

Re: Legal Action Against NTL
 

So what would you say if I guaranteed a resolution to anyone who has an issue and asks us to intervene?

Re: Legal Action Against NTL
 

I'd say you were being well-meaning, but unable to provide a valid assurance that the matter could be resolved to your complainant's satisfaction, or for that matter, that the route taken to such resolution was viewed as anything other than a 'back door' to existing proceedures. As noted earlier, if Responsetek was meant to provide this on a public basis - it failed.

Here's an issue I'd like you ro resolve. If I attrempt to raise a CS or Faults issue, the NTL website disregards my approach and asks me to make a phone call. Since I can deal with BT on all these matters by email, I fail to see why ntl is still dragging its heels. I remember we even had a View My Bill function that was eventually removed, yet promises that a similar but better interface would replace it - nothing ever happened.

Re: Legal Action Against NTL
 

:LOL:

I remember a certain "hell" site being shut down and assurances of the same. Remember the "community" site anyone?

*I think I just laughed so hard I nearly pee'd a little! :rofl:

Re: Legal Action Against NTL
 

OK then - I am guaranteeing a resolution to any issues where ntl have messed up. Approach me via PM and I'll pass on any issues.

Re: Legal Action Against NTL
 

To be honest, from following this site for the last couple of weeks (following my own NTL nightmare) it seems that when members of the cable forum team get involved things are resolved quite quickly. So I'm inclined to go with Russ D and his team.

I'll get back to you when my own NTL dispute is resolved (or not) then we'll see which side of the fence I'm on - fingers crossed.

J :D

Re: Legal Action Against NTL
 

I have commented on this subject at some time in the past and my views are still the same.
Okonski is not saying that what you do is not a good thing and that you cannot resolve problems, we know you can and it is very admirable helping people who are having problems, but it does not address the route cause of the problem ie NTL, and will do nothing to get the company to buck up their customer relations and do as the name suggests.
Okonski also has a problem to be sorted and has asked that you try and sort out the reason that NTL will not enter into an email complaints and resolution conversation as BT does.
There is one very simple answer to this - if NTL was to put anything in writing then they wouldn't be able to claim that there is nothing on the record and tell you that you did not in fact ask to cancel etc and without the proof they will continue in their misguided ways.
It is not just about resolving an issue, it it more about getting the company to take their responsibility seriously and resolve the matter in a fair and timely manner.
If my car returned from the garage with a problem associated with the reason it was taken to them, I wouldn't want the man next door to fix it for me even though that would be the quickest way of doing things, I would want the garage to fix it as it is their fault and they caused it.

Re: Legal Action Against NTL
 

well in that case, is the OFT the way to go?

I can't help feeling that they <ISPs in general> have us all over a barrel.

J:D

Re: Legal Action Against NTL
 

:tu: :tu: As nice as it is for russ and other people on here to offer to negotiate that is not the answer.
Tell me russ ;) what if a persons complaint was about some shoddy workmanship, or about bad attitude from a csa, would the resolution to the complaint involve that member of staff being shown the door to the dole queue? because to be honest this is the only way ntl is going to improve its reputation.
You can if you will find out why ntl do not get involved in email correspondence, because I have a feeling its because they do not want the customer to have something in black and white that can then be used against them should the need arise.
Why are ntl so special that the email option is not there? as the poster pointed out, you are asked to call them, that is logical given the money ntl are now creaming from disgruntled customers.
The other day I had a query regarding my account, I emailed bt my question, I received 5 minutes later an automated response, then the following day I had a full answer to my question that satisfied me.
Just to round off, a message to ntl, if you can email you should ;)

Re: Legal Action Against NTL
 

I don't know what ntl's stance is on this - and I doubt they'd tell us anyway - if it was the employee's first 'offence' then I wouldn't agree that sacking them is the best procedure but if it was one of many such complaints then perhaps that's something they look at.

Re: Legal Action Against NTL
 

I am not suggesting that on a first time offence sacking someone, we can all have a bad hair day ;)
There seems to be no accountability on the part of the csa, there have been stories where conversations between customers and ntl have not been logged, why would this happen? conspiracy theorists will have their opinion ;) I put it down to bad training and managers not doing their jobs.
So what is the stance from ntl about email correspondence russ? why will they not communicate through email?

Re: Legal Action Against NTL
 

I've never asked - but if you put your enquiry to me via PM as if you were asking ntl directly and I'll pass it on. Can't promise you'll get what you want but at least it'll be a direct answer.

Re: Legal Action Against NTL
 

I must admit, forums like this and NTLHell do provide a useful additional method of problem resolution, and the world would be a much sadder place without them. That said, as an NTL customer, my bargaining power is considerably increased if I have an official paper trail that can be used to prove the timeline of a problem. Just as CS staff log details of what transpired during a voice call, I do exactly the same thing (using Outlook). I shouldn't have to keep trying to speak to a staff member who agrees that I've been treated badly, and I've lost count of the number of times an unresponsive exchange has been resolved simply by calling straight back and speaking to someone else. That's not thie issue - it is when error is compounded by error and your credit record is being wrung out to dry, only by dealing with the Manchester-based 'Resolutioin Team' can you ensure your efforts are being taken seriously and staff there have higher limits of providing financial compensation. My own issue was resolved after sending a 'Letter Before Action', and I received a benefit in kind of £160 for my trouble, inconvenience and the unwarranted removal of service for 3 days (in which EVERYTHING had been blocked, BB, phone and TV).

With firms like NTL being quick to fine consumers for the slightest transgretions, it is they who established the culture of customers not simply wanting their problem resolved, but by receiving due compensation for their error. Resolutions provided by sites like these may indeed resolve the original problem because at last, someone is taking an interest - however there is rarely an automatic compensatory payment made. With the customer usually happy his issue has been finally resolved, any further recompence is usually forgotten about in a rush of euphoria. That ended for me 2 years ago, if my services disappear through no fault of my own - excluting network faults - I've established that £50 per day for service removal of Phone, TV and BB is not an unreasonable amount. My NTL negotiator calculated the actual loss as £2.80 per day and said he would be prepared to pay this. I said this did not cover the true cost of having to finf an alternative Internet connection, using my mobile for calls instead of the landline, and the grief from the missus because of the blank screen. My argument won through, and the next stage in negotiations was how those costs would be recouped. With a cap on the maximum amount that could be applied (based on his seniority) we agreed on a £50 goodwill rebate to the account, £16 for non-DDM overpayments, and a further £120 in savings due to BB discounts and package changes.

If you feel you are not being treated well as a customer, a little bit of effort on your part can resolve issues and provide compensation that would otherwise be closed to you. If you get something wrong, you'll be made to pay, there's notning wrong in ensuring when the boot is on the other foot, you pursue it just as enthusiastically as they do.

Re: Legal Action Against NTL
 

can i ask how you got to the figure of £50? did you calculate your avergae amount of calls, work out how much it would cost using a mobile, find out how much it would cost at an internet cafe and the cost of getting there. Or is it just a figure you think is correct?

does this also mean you would be willing to pay £50 per day for all your services?

Re: Legal Action Against NTL
 

You make the mistake the NTL staffer made in calculating the loss. It has nothing to do with the actual value of services removed, but the fact they were summarily and incorrectly withdrawn denying me access to services that had already been paid for, and meaning I had to decamp to alternative premises when the service was pulled at 1010am. Just as NTL will not break down their £20 and £10 fees to justify a reconnection or late payment respectively, my cost of £50 per day was based on already having paid for BB, TV and Phone, to have all those services disrupted (except incoming voice calls). As I work from home it also affected my work. If I was in a higher paid job, my claim would have be considerably higher. The more users hold their service providers accountable for error, the less this will happen My claim was not unreasonable, if it wasn't ntl would not have capitulated and the courts would have to arbitrate instead.

Re: Legal Action Against NTL
 

I think that Okonski has made a good point here. Essentially people who end up in these kinds of situations with NTL are forced to pay because phoning CS becomes too much of a stressful event. Especially when you think that they are resolving it - but they aren't, or you wait for a manager to call - and they don't. or worst of all, when every time you call you get a different response.

In the main, NTL will always be up (financially) because the number of people who just pay up for a quiet life greatly outway those who are prepared to fight.
following that - most people just don't know how to fight and are afraid that it will end up costing them much more money and stress. It doesn't seem worth it.

I only came across this forum by luck whilst stressing about my own NTL hell. This site is great, but more people should know about it. but what I'm trying to discover after that bit of wisdom :rolleyes: is what is the best way to go about fighting NTL (or anyone you have a dispute with). When you say 'letter before action' what is the action? and how much could it cost. the last time I checked a solicitors letter was about 200 quid.

Re: Legal Action Against NTL
 

Firstly, I don't want to diminish this forum as a useful conduit to get matters resolved informally, however when things are not pulling together and you want to show them you're serious, an LBA usually does the trick. You don;t need a Solicitor, and there are plenty of such templates you can copy from a different forum that worked for me. PM me for more details and the URL.

Re: Legal Action Against NTL
 

Maybe a few people on the forum might be willing to help(myself included) others with the legal side!
Before sending a LBA (letter before action) you must be prepared to take the matter all the way to court, oh my god, court!...i hear you shout! Now before you lose the plot it's not that bad, there is the small claims court (as long as it's the claim is less than £5000)done in plain english for everyday people to fight back, it's available on line also if you call in to your local County Court they will be more than helpful in explaining what you got to do, and it won't cost a fraction of a solicitor! One of the best things about the small claims court is that if you do lose you don't have to pay the other sides court costs!

Re: Legal Action Against NTL
 

If only that were true! The loser in any court case has a liability to pay full costs of the action - it doesn;t matter if they initiated the action or not. The Small Claims Court does have an advantage that the costs are capped to a maximum of £80, and it is the judges discretion that can limit or disallow expense claims. If the pursuer (you) wins, your costs are covered, however if the court rules against you, the defender (them) can claim their reasonable costs up to the cap - some do not make the application, but just because they don't doesn't mean they cannot.

Re: Legal Action Against NTL
 

I moved house in August 2006 and NTL's representatives came round and said they would install it at my new property but i couldnt transfer my existing account here, They said i would have to sign a new 12 month contract right there and then before any work had been carried out. So i signed this contract and then waited 3 weeks for them to contact me on an instalation date, I waited and nothing, All this time i am still paying for 2 accounts (unknown to me) They had prmised me that as soon as i sign the new contract they would cancel my old one. So eventually i got onto NTL and asked them niclely when someone was going to come and install the broadband. They couldnt give me an answer because they were waiting on WAY LEAVE apprently. so another week went by of phoning NTL 2 times a day to get this sorted. Eventually one of the women on the phone dropped the bomb shell and told me i had still got 2 accounts with them. This is completly not acceptable. Finally one of the engineers came out and installed it at the address after my partner had a go at them down the phone. All they would offer me in compensation for the damn right cheekyness of there reperesentitives was £10 a month off for next 3 months :-O I am sorry but i would rather have the money in my wallet than off the bill. Do they honestly think were morons? Do they honestly think just because there a huge business and there indespensable that they can rip us off and it dont matter cos we wont be able to do anyhting??

I dont knwo what NTL think there playing at but they have got a great broadband, TV and Phone infrastructure but there customer care, reperesentitives and technicians dont communicate or they just plainly dont give a damn after contracts have been signed or installation.

Re: Legal Action Against NTL
 

As would I, but why must the negotiations end there? They made their offer, but youi could claim that the inconvenience was worth considerably more, and you could reject it. In your situation, I would have agreed to and immediate bill refund of £50, and not in monthly increments. If they wished to follow this route, I would only accept staged bill discounts to the VALUE of £120 - after all, it's not really costing them that much. Always remember, there's always someone further up the chain who had a greater limit to negotiate that the person you speak to first.