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Originally Posted by sherer
does anyone actually know if anyone has fallen foul of this yet.. Knowing NTL i doubt they could get their act together to even monitor this.. as someone has said this thread seems to have been going on for far too long with no real evidence that the cap has even been implemented
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There were quite a few who did get sent the letter (copy here
http://anticap.co.uk/images/ntlltr0204.JPG). However nobody to our knowledge has claimed that ntl have taken action to cut them off.
This thread is now too massive to trawl through, yet many points in support of and against capping have been made.
Most telling are the recent posts of JustAnotherNoob regarding the 12 month renewal roll over contract. The first implementation of the cap AUP clause for ntl was in February 2003. Everyone, who was on contract for Broadband at that time, has had their 12 month minimum contract period expire. Although those users may have signed for "unlimited use" after that 12 months, it is probably not unreasonable for ntl to change terms if they wish.
NTL can make price changes (we dont like it if it goes up, but we dont deny that they can do it with the correct notice), so I suppose they should be able make changes to other aspects of service.
I maintain that the AUP was not the best place to describe a cap (the guidance of what is is, maybe, but not the cap clause itself). The big point is that ntl with a significant change have to write to users to advise them. They do so with the price changes (even if that's just a leaflet in with a bill). The potentially affected by cap users have had a specific letter telling them to desist. Having received a letter the user can decide to stay or leave, as provided by the significant change T&C clauses.
For new signups, you are bound to the cap, if ntl were to enforce it, and as it is in the AUP, you probably could not use a cap letter as a means of cancellation of your 12 months. For the majority else outside the 12 months minimum contract, I see no need to worry, until you get a cap letter. At that point make a decision, cut down, or leave for an uncapped ADSL ISP (if you have that option).
I do think it unreasonable that ntl's cap is not made clearer on the signup pages, and that might be misleading to some. Most unreasonable in my view remains the limit being the same for all service tiers, and that there is no heavy user, uncapped option, perhaps for a higher price (but ntl should be looking to lower not increase prices, given the caps, to keep them in line with ADSL changes).