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Originally Posted by BenMcr
The last time Virgin changed their T&Cs was in Feb 2007. By now I reckon that even the most relaxed court would judge a customer to have accepted them. Therefore the 30 day rule would be enforceable (especially as it applies to both side and therefore is not 'unfair')
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Actually, the fact that they changed them probably works against them. Unless they notified you in writing, which they didn't, they can't just randomly change the contract and expect you to be bound by it.
Also, the contract says that the T&Cs can change any time they like, but legal president says that if they did do that then the contract could be cancelled immediately by you.
You have to remember that contract law says there are certain things you can't sign away, including the right to cancel a contract if any part of it changes. Since the contract says that you agree to the T&Cs, if they change what you agreed to change and sure enough courts have always ruled that you can then cancel the contract.
Consider the alternative: Contact says you are bound by the T&Cs for one year, VM change the T&Cs to say you are only allowed to download 1 byte per day and hay too bad you agreed to it and are locked in.
Quote:
Originally Posted by BenMcr
So that would probably also apply to Sky, BT, be broadband, and quite a few other companies then?
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Yes, it does. I think there is additional regulation for ADSL providers anyway, but most seem to offer 1 month minimum contracts.
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As none of them have asked for to send back a written contract, and be broadband never sent anything in hard copy (was all done through the net)
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You agree to the T&Cs when you sign up. A signature is not necessary for agreement but is the preffered method. You can agree when signing up online without one, for example.
However, if they change the contract in any way then it would have to be agreed with you again, and you would have the option to back out regardless of previously agreed minimum contract lengths.
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Originally Posted by whydoIneedatech
Maybe it would not end up in court but having bailiffs after you and any of the Major ISP's on the case is a sure fire way to destroy your credit history.
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That won't happen. It doesn't work that way in the UK.
In order to get the bailiffs involved, there needs to be a decision made in court. That means time and money over what is usually a relatively small amount of money, so companies hardly ever bother. Also, even if they did go to court, it's far from a sure thing they would win.
Instead, they usually just ask a "debt recovery" company to get involved. These companies have no legal rights like bailiffs, they can't come and take stuff from your house and there is no mark on your credit record. All they can do is write deceptive and threatening letters, or try to call you up on the phone. PayPal uses them a lot, and generally they get bored and give up chasing debts that people are refusing to pay after a few weeks.
There will definitely not be a mark on your credit report unless you loose in court. Otherwise, you are free to dispute any debt and there is no legal way anyone can claim that debt or put a mark on your credit report for it. If you look at your credit report, you will notice that it doesn't list debts specifically, only loans taken, inquries made, missed regular payments etc. Unless there is a decision in court, it will not list money owed.
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So why don't you prove us otherwise, oh and by the way you will need provide written documentary proof to the contrary, not hot air, actually stop paying your bill to whoever your ISP is and tell them all the above and see how far it actually gets you.
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I did just that a few months ago. VM were charging me too much so I cancelled the direct debit. I had already called and written to them a few times and got fed up wasting my time, so I just cancelled it and waited for them to contact me. Eventually they did and we sorted things out. I had been with them for over a year anyway, but I did check and there is no mark against my credit record or anything like that. The bailiffs didn't smash my door down either.