Quote:
Originally Posted by broadbandking
fiber optics is true and so is the unlimited but if they said unmetred then that would be false
|
I swear that's a piece of coax coming into my home
---------- Post added at 21:01 ---------- Previous post was at 20:59 ----------
Quote:
Originally Posted by weesteev
The T&C's also state that they can be amended at any time...
|
Actually I'm quite sure that phrases like that have been found to be invalid in contracts as they are unfair. It's considered illegal for a company to be able to arbitrarily change the terms of a contract which is very much what that phrase translates to.
It'll be interesting to see how this pans out but again VM employees should really consider not posting their opinions, all of which can be used in a court of law as they are not noted as being without prejudice.
EDIT: Here's proof of my comments above:
http://www.oft.gov.uk/shared_oft/bus...rms/oft143.pdf
Quote:
|
Originally Posted by Office Of Fair Trading
Variation clauses paragraph 1(j), (k), and (l) of Schedule 2
For example, the company may at any time vary or add to these conditions as it deems necessary.
When a contract is made, obligations are accepted in return for benefits. If one party can unilaterally change agreed terms, to its advantage, the balance of the transaction is lost. So a term is likely to be unfair if it gives the supplier the right at its discretion to force the consumer to accept changes to the bargain. A right to change any term in the contract, or to vary its core terms – the price or description of the product – is particularly open to objection.
Fairness, and the law, require that consumers get what they agreed to buy. Goods, in particular, must be of the agreed description and purpose, not just of 'equivalent quality'. A right to raise prices at discretion, where consumers are locked into the contract, is also highly suspect. Where the supplier's freedom to vary is more restricted, there may be no unfairness. Terms which allow only technical product modifications of no significance to the
consumer are usually acceptable. Even a right to make more substantial variations may be unobjectionable if the changes permitted are precisely specified, so consumers do effectively know what they are agreeing to. Alternatively, a variation clause that confers no real discretion, for instance, a right to raise prices in line with a published price index, may be fair.
Finally, and most importantly, any right to vary may be fair if the consumers can exit from the contract before being affected – but obviously adequate advance notice of the variation must be given and the consumer must not suffer any loss or significant inconvenience by cancelling.
|
Not quite as cut and dried as Virgin Media / then Telewest or ntl would have you believe, is it?