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Old 20-01-2007, 08:05   #21
Mr Angry
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Re: NTL late payment fee scam

Quote:
Originally Posted by scrotnig View Post
An old old argument that's completely wrong I'm afraid.

It's the BILL that is late. For all it matters legally, the services could relate to 12 months time.

As an example, if you take out a 12 month subscription to a magazine, you can't withhold payments on the grounds that you haven't yet received all the magazines.

An ntl bill is technically an invoice due under the terms and conditions the customer agreed to when they joined. Any customer who does not accept those terms and conditions should cancel their services, rather than try and get them changed to suit themselves.
The semantics of the billing cycle are irrelevant. The legal stand point is, as you pointed out, the terms and conditions the customer agreed to when they joined. Those terms and conditions are governed by consumer contract law which states that penalty fees, specifically late payment penalty fees, are unenforcable.

There is a very distinct difference between exercising ones right as a consumer who is party to contract law and trying to trying to change the terms of a contract to suit oneself.
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