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Old 25-04-2008, 08:45   #4784
popper
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Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]

it's not my notice , its djdave 's but thats why it was put there for everyones use as a guide or template, so i dont see why not.

---------- Post added at 08:45 ---------- Previous post was at 08:30 ----------

Quote:
Originally Posted by Portly_Giraffe View Post
It seems to me that as an organisation, Virgin Media do not appear to know what they have got themselves into.
...

On a related matter, I've just received new Ts&Cs from them with a covering letter telling me that I "... recently entered into a consumer agreement with Virgin Media ...", which of course I didn't: I last entered into a consumer agreement with one of their predecessors some six years ago.

I assume this is just so that they can alter charges for the service, but I wonder if it's also an attempt to keep unwilling Phorm users subscribed for the full twelve months? Given I have not signed anything, if Virgin Media were to implement Phorm and I were to leave them as a result, at the minimum it would be arguable in court.

I note Paragraph B1(i) in the terms: "With your permission, we may monitor email and internet communications, including without limitation, any content or material transmitted over the service".

1. Does anyone know if this is new and put in place for Phorm?

2. "Any content or material" includes https. I will email the Consumers Association to ask what kind of consumer protection this offers.

as in a real paper Consumer T&C contract in your hand?.....

dont assume anything about just future increases in price etc, if its anything like the current online version , its full of holes and looks like it was written or rather cut and pasted by an 6th form student (no offense to 6th form students OC).

they cant force you to sign it OC, and its werth giving it some serious thought BEFORE YOU DO.

your 6 years ago consumer T&C contract is the the original one you signed when the salesman sold it to you, and that has an effect, but i didnt look up exactly how that effects the new T&Cs they might include over time, i seem to remember no new ones are valid if there exists a written one before that date but you might have to look that up for the official court view.

BUT, if they require from now on a fully signed consumer T&C contract, to try the we have a paper signed contract bla bla.

thats also a very good thing in the future (keep your copy safe to reproduce in SC later), see, the fact is if you sign it and they keep supplying the service then you potentially have them cold...

the thing with (consumer) contracts is..., you as the other party can scrub out any and all clauses you do not agree with,and simply initial them to make them void without need to involve the small claims court process later etc.

and infact you can include your own clauses, the second they activate the new contract and supply the services they too are bound by this new contract and all the bits you scrubed out or amended.....
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