Quote:
Originally Posted by danielf
Yes, said the judge. Why should the average customer pay for a couple of morons raping their connection 24/7?
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They shouldn't of course. Virgin can take specific action against this 'couple of morons' who are using a service sold to them as unlimited in this manner or ensure they have sufficient capacity to avoid a congestion state if it's such an issue.
The flip side is also that customers whose usage was previously very moderate and generally light can be throttled by STM for a fairly normal burst of traffic, so yes the average customer is paying for said 'morons' and in any event that usage is the use of the product as described (unlimited downloads at 2 / 10 / 20Mbit depending on tier).
See what I did there?
---------- Post added at 11:53 ---------- Previous post was at 11:50 ----------
Quote:
Originally Posted by BenMcr
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.
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Actually yes you can, it would not be reinstatement it would be declaration that any terms considered unfair are not applicable.
---------- Post added at 11:54 ---------- Previous post was at 11:53 ----------
Quote:
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Originally Posted by Consumer Direct
Although standard terms may be drafted to protect commercial needs, they must also take account of your interests and rights by going no further than is necessary to protect those legitimate commercial interests.
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Quote:
When will this new policy be launched?
We'll start moderating the heaviest users' service at the same time we roll out the new speed increases for Broadband XL customers.
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The explanation of why STM was being deployed is not valid as it's fiction. It was deployed to calm down bandwidth utilisation and permit the 20Mbit uplift before the necessary upgrades had been made. It continues to be deployed to reduce demands on the bandwidth to each area. I'm saying that as fact because that's exactly what it is, a number of areas, especially Telewest, received hundreds of node splits to try and get the capacity in place, STM allowed the product to be deployed before this work had been completed.
Anyway, I'm not a judge and I have no idea exactly what I judge would adjudicate, nor do I want to be an armchair lawyer, I'll leave that to others
