As promised
Quote:
Originally Posted by Mr Angry
If a customer moves to a non cabled area VM cannot perform their obligations under the terms of the contract and, as such, have no legal redress to enforce compliance with any existing contract between themselves and the customer. There is nothing in the VM contract (nor in consumer contract law) which states that a customer must remain at a given (serviced) address for 12 months from the date of entering into a contract.
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Additionally
Quote:
Originally Posted by Mr Angry
5. - (1) A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer.
I'd consider one party to a contract insisting that you can't move house to a location of your choice to be pretty much to the detriment of the second party, wouldn't you?
Additionally, from Schedule 2 of the act, all of the following are considered "unfair terms" and are, as such, legally unenforceable:
(c) making an agreement binding on the consumer whereas provision of services by the seller or supplier is subject to a condition whose realisation depends on his own will alone;
(d) permitting the seller or supplier to retain sums paid by the consumer where the latter decides not to conclude or perform the contract, without providing for the consumer to receive compensation of an equivalent amount from the seller or supplier where the latter is the party cancelling the contract;
(e) requiring any consumer who fails to fulfil his obligation to pay a disproportionately high sum in compensation;
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Here is the thread makes interesting reading methinks,
Mr Angry once again, sorely missed imo