Quote:
Originally Posted by fedupstill
if i cancel the payments then im at fault and breached the contract ... CICAS wont help without a deadlock letter and they wont send mme one and as the final result hasnt be decided they cant help
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You can't breach a contract if there is not one
A contract is only agreed when there is offer, acceptance and agreed consideration and terms. VM can only rely on the contract if they accept the agreed terms if they change them they have either set a new contract or altered the original one both of which mean you can exit.
On CISAS
http://www.cisas.org.uk/
Do some research. You don't need a deadlock letter ... you can wait 12 weeks ( 8 from 1/9/9 ) and then go forward without one.
http://www.cisas.org.uk/Rules.asp
c) Customers can use the scheme if:
* they have not been able to settle a complaint with the company within three months of putting it through the company’s own formal complaints procedure; or
* the company has agreed, in writing, that the dispute should be settled under the scheme.
CISAS, if all you have said is true and based on my experiences with othr services providers ( both otelo and cisas ) will probably come to one of two conclusions
a) the original contract stands and VM must give 30 days notice
b) the original contract did not apply and you can walk away
Also with regard to the discrepancy between VM's 30 day right and your 12 month one is about loss suffered. if you leave VM suffer a loss of income. If VM cancel the contract then you are no bound by any other arrangement and can find alternative provider.
The final thing I would say, and I am surprised that the your legal counsel has not raised it , is that the courts can take a dim view of litigation where there is an alternative dispute resolution process even where you have been informed incorrectly of your rights under it!