Quote:
Originally Posted by Rob
Yes, Virgin Media aka Telewest / NTL have had terms in their contract purporting to allow revisions. But does that term muster scrutiny to the courts?
On the same principle, the concept of STM, capping, throttling or indeed restricting certain types of communications on a service purported to be unlimited, might also be considered by the courts to be an unfair term of contract.
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Not saying a test in court wouldn't be useful
Personally, my issue is the outcome the OP is expecting.
What he is asking for is not full re-instatement of his original contract but partial re-instatement based on one part of the service - the Traffic Managment.
This request seems to be based on the fact that the ability to vary the terms is unfair.
Surely if a court rules that the right to vary the terms is unfair, and re-instatement was required - this would be full and complete reinstatement
This means the OP could end up with a unlimited, free from STM 1Mbit line (depending when the original service was taken out). You can't have it both ways.