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Old 06-04-2009, 22:53   #376
Gary L
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Re: Legal action taken against Virgin Media throttling practices

Quote:
Originally Posted by cook1984 View Post
I think the key point here is that VM cannot change the contract unless both parties agree. They could decline to offer you service if you don't agree to the new contract, however they never even notified me of any changes let along sent me a new contract to agree to.

This is a legally sound argument. The law governing contracts requires that all contracts be negotiable and that any changes must be agreed by both parties. That prevents people from forcing someone to agree to a contract or changing the contract in an unfair way (e.g. "your bill is not £100/month and you have no choice but to pay since the contract says minimum 12 months").
It's also a grey area as to whether publishing any changes to terms and conditions is acceptable when only available to view on a website.
one can argue that it isn't sufficient and unfair. as you automatically agree to them without having to view them.
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