Originally Posted by Paul (Post 34118990)

If the new address is not servicable then you cannot be charged for the remainder of the contract. It would be different if the service was available at the new address but since you cannot have it installed then it's not your fault really is it. You could try calling NTL again and asking for a supervisor/ manager or you could wait for a passing team member to offer assistance.

Originally Posted by Graham F (Post 34128753)

not true anymore looking at the terms and conditions



It looks like ntl have brought the tandc in line with telewest who always had this issue if you moved to a non serviceable area!

Originally Posted by popper (Post 34120307)

Supply of Goods and Services Act 1982
http://www.netlawman.co.uk/acts/supp...s-act-1982.php

CONSUMER PROTECTION

The Unfair Terms in Consumer Contracts Regulations 1999http://www.opsi.gov.uk/si/si1999/19992083.htm

http://www.consumeractiongroup.co.uk...ts-90-day.html
http://www.consumeractiongroup.co.uk...tutes-library/

http://www.home.ntl.com/page/termsresidential
<snip>
as for the T&Cs theres that little thing called the law about not being a valid clause unless it gives equal rights to both partys along side all the other rights the comsumer already has by default.....
notice the lack of the word reasonable in the users favour but its there in favour of the NTL part of the contract...

"3. Duration
3.1 Our Services are subject to a minimum Initial Term starting on the date we activate the Services. You can only terminate this Agreement during the Initial Term if conditions 19.4 or 20.1 apply, otherwise we may charge you a cancellation charge which will be the charges which would have been payable to the end of the Initial Term. During the Initial Term, you may downgrade all or any of your Services to the entry level or starter package for the relevant Services by giving us one month's written notice. We may charge you a reasonable fee for a Service downgrade.
3.2 After the minimum period, either you or we may terminate this Agreement and/or any of the Services covered by this Agreement on one month's written notice."

"19.4 As well as your other rights, you shall have the right to terminate this Agreement by notice to us in writing if we fail to perform or observe any obligation under this Agreement and (in the case of a breach capable of remedy) we fail to remedy the breach within the reasonable time specified by you in your written notice requiring us to do so. Subject to Condition 22, you shall also have the right in these circumstances to claim against us for any losses and expenses which directly result from such breach by us."

"20. Cancellation Rights
You may cancel the Services without penalty in the following circumstances:-

if we increase our Charges you may cancel those Services in respect of which the Charges have increased by giving us one month's notice in writing within 30 days of the earlier of:
(a) such price increase being notified to you under Condition 6.2; or
(b) the date of your first bill following such price increase, irrespective of whether the minimum period in respect of those Services has expired. If you cancel Services under this Condition, the increased Charges relating to those Services will not apply to you;

if we significantly reduce the content of the Services or make any significant change to the terms and conditions of this Agreement under Condition 26, you may terminate this Agreement by giving us one month's notice in writing within 30 days of such change irrespective of whether the minimum period in respect of such Services has expired. "
"
22. Limitation of Liability
22.1 In performing any obligation under this Agreement our only duty is to exercise the reasonable skill and care of a competent provider of telecommunications and television services.
22.2 We will not, and our suppliers and licensors will not, be liable under this Agreement for any loss or damage which:

arises other than through our negligence or the negligence of our employees, agents or contractors or our breach of this Agreement; or
is not a reasonably foreseeable consequence of our negligence or our breach of this Agreement; or
is any business loss including loss of revenue, profits or anticipated savings; or
is for wasted expense or data being lost or harmed.
22.3 We do not restrict or exclude our liability for:

personal injury or death directly caused by Us or our employees whilst acting in the course of their employment with us;
physical damage to your personal property up to £100,000 due to any one event or series of connected events where such damage is due to our negligence or the negligence of our employees, agents or contractors acting in the course of their employment with us;
any of our liabilities which cannot by law be excluded or restricted. "

"29. Waiver
The failure by either you or us to exercise or enforce any right under this Agreement shall not be deemed to be a waiver of such right or to bar the exercise or enforcement of it or any other right."


"30. Notices
Notices given under this Agreement should be delivered by hand or by prepaid first class post or electronic mail either:

to us: at the address on this Agreement or on the last invoice or to an alternative address notified to you;
to you: at the address in this Agreement or to an alternative address notified to us. Alternatively, if you take the Television Service or Internet Services we may deliver notices to you by sending them via the ntl Network so that they are displayed on your television or computer screen. "
"
31. Law
This Agreement is subject to the laws of the place in which you live."

http://www.home.ntl.com/page/customerupdate
"
1 September 2006 Price Change Customer update: FAQs


On 1 September 2006, some of ntl's prices are changing. ntl is committed to communicating clearly with all of its customers. As with any change, you may have some questions."


that will do for a start anyway...............

---------- Post added at 23:39 ---------- Previous post was at 21:59 ----------

ohh, one last fact that you might comment on:
http://www.home.ntl.com/page/customerupdate
"
Why should I move to paying with Direct Debit?
It's cheaper. Apart from eliminating the expense and hassle of mailing cheques, it takes advantage of our Direct Debit discount "

in british law a Direct Debit is tantermount to a cash payment
so should the PP cash user also get this stated NTL discount as well!.

Originally Posted by Davey2006 (Post 34128907)

so they have changed there terms and conditions regarding moving as when i singed up i was told i can leave if i move to a non servicable address this was pre ntl/telewest merger.

any body no when they changed the contract.

Originally Posted by King Of Fools (Post 34129254)

Searcing the forums suggests that the contract changed before February 2005!

http://www.cableforum.co.uk/board/sh...ad.php?t=24651

Originally Posted by orangebird (Post 34129268)

This was never in the t&cs at all. ntl not charging you if you moved to a non-servicable area before your first 12 months were up was a discretionary action which was never documented. In January 2005, they chose not to use this discretionary action and make it part of their t&cs that you had to pay the minimum cost for a full 12 months. The problem being that the cost of installing a new sub needs to be covered, which it certainly isn't by the average RGU in the first year. I think they should just sell their stbs to the customer like Sky do and get on with it now. :shrug:

Originally Posted by Stuart C (Post 34129348)

Originally Posted by Davey2006 (Post 34129359)

Been reading the last few posts and one thing that strikes me is the fact the T&C say we may charge u , so that meens they have discretion to end the contract if they wish. my property was already enabled when i moved in so there was no cost to Ntl to create my custum.

Originally Posted by Stuart C (Post 34129348)

Originally Posted by Davey2006 (Post 34129371)

So I have Benn lied to or mislead on at least 2 ocasions, When i singed up and when the escalations team canceled my contract .
canceled in may recived statement in june they owed me money whitch they refunded me no statement in jully in aug a bill with cancelation charges on.

they added them on 31 jully .

how can they add charges whren u have settled the account and its closed?

Originally Posted by Rob C (Post 34129195)

I mention his name and he appears ;)

Is this cited as a specific example of an unfair term that if the customer moves house before the end of his / her minimum contract term, they should be let off the rest of the contract?

Originally Posted by Rob C (Post 34129546)

So yep the area is not serviced, and the is a weakness on the cableco's part.

But it isn't ntl's fault that the customer is moving before the contract minimum term.

On that basis ntl only partly fail the above clause.

Originally Posted by Mr Angry (Post 34129640)

If someone were to stick to their guns and cite consumer contract law I suspect, once NTL determined that they were serious and aware of their rights, that NTL would be very reticent to try and force the issue.

Originally Posted by Davey2006 (Post 34129394)

went to cab and they said put evrything in writing whitch i will do and the cable forum contact has been talking to me and said we have reached deadlock refered me to oftello so i contact them and they said as the 12 weeks are not up yet i need a letter of deadlock from ntl , phone up ask for the letter and i get Oh sorry cant have that 12 weeks have mnot passed ..


U refered me to them urgggg:mad:.
best address to write to would be helpful anybody?