Quote:
Originally Posted by Mike_A
To this, and Ben's previous post on the subject, there was no variance. VM did not go through the steps to vary, nor take a fair and mutually amicable approach. They would also have required to offer arrangements and alternatives, none of which followed. What Virgin Media instead practised towards many is a grossly unfair, unreasonable and unwelcome change in a crucial part of the service without reasonable explanation, if any. That approach has long been considered unlawful.
Once again, a service provider cannot offer a quantum of service and then restrict it simply because they have oversold in comparison to their means to operate that service. There's an element of restitution involved. Oh, and they must be reasonable.
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I can sort of see what you're hinting at, but I can't see your case. For one, there's the time scale. You're looking to reinstate a contract from years back. Times have changed, and I don't see how a judge could determine what is reasonable now. The other thing is the terms you agreed to. You've consented to them being able to amend the terms of service, which they have. According to these terms you have the right to terminate the contract without penalty, and you haven't.
It seems to me your case is doomed to fail, and to be honest, I hope it does, because if you succeed it may mean that any customer with a gripe can hold the rest to ransom over some ancient contract they never signed.