View Single Post
Old 22-04-2008, 17:06   #4424
Paul Delaney
Guest
 
Posts: n/a
Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]

Quote:
Originally Posted by popper View Post
NO it wouldnt, you really..., really need to understand this point and not forget it, then pass it on to the next person.

any terms/clause in any consumer contract (T&C) which effect your statutory rights are unlawful (Unfair Terms in Consumer Contracts Regulations) no matter how they word it, its an unlawful clause and so is void (unenforcable, un-actionable,not valid,.....) , and you can ask the OFT
http://www.oft.gov.uk/advice_and_res...erms-consumer/
Unfair Terms in Consumer Contracts

of course, you always have option of the Small Claims N1 and on-line versions to use if you so wish, for a direct to the point option, bypassing the OFT or any other Govt Org,and put it before a judge.

we really need to get to grips with this small claim option
and see were we can use it here, just as it was used on the banks....

alexander (when you get to read this OC), did those books clarify the injunction options against named persons inside the board rooms and other executives, and weather an SC can be used BTW?

theres a book on the CAG
http://www.consumeractiongroup.co.uk....php?f=14&a=35
thats made to help you,not cheap though but cheaper than some of alexanders books
Small claims Procedure: A Practical Guide by Patricia Pearl
*****Highly recommended if you want to avoid mistakes*****


the online Small Claims is badly named, but you can also use it for all SC's not just money related, as many Unlawful charges users found out...
https://www.moneyclaim.gov.uk/csmco2/index.jsp

http://www.hmcourts-service.gov.uk/i...aims/index.htm

http://www.adviceguide.org.uk/index/...all_claims.htm

Isn't part of BT's stratergy to introduce a clause into the T&C's in order to satisfy legal issues?
I would have thought that was illegal and you say that it is. The problem lies in the fact that on several sensitive issues (RIPA) they seem to have proceeded on the advice of the people who uphold the law and what we thought was strictly forbidden turns out to be perfectly OK as long as the criterion in some clause - paragraph three, subsection two is applicable and it's transpired that pivoting on an interpretation of the law, BT just happen to meet it!

I would like to see how they will word any addition to their T&Cs - One thing you can guarantee is that a £1000.00 pound a day barrister will be writing it!