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Originally Posted by scrotnig
Never seen or never sent? Two very different scenarios.
It's not enough to simply say 'I never received it'. At point of sale you are advised you are agreeing to the contract, a copy of which will be sent. It is then your responsibility to check that contract, therefore, if you don't receive it, you should request a new copy and not allow install to take place until you've seen it.
Once you allow install to take place YOU ARE AGREEING TO THE TERMS whether you have seen them or not.
As ever, I love seeing all the barrack room lawyers in here telling people what the law is. Go test it in court, and come and let us know when you lose. ntl are not stupid and the contracts are pretty watertight if the correct procedures are followed.
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Mark, read again post #15 and the scenario that I described. The conversation between the OP and NTL may never have advised that "you are agreeing to the contract, a copy of which will be sent". None of us know what was said during that conversation nor if the nTL agent followed the correct procedure. Once the OP had allowed install to take place they were not agreeing to any terms that they had not seen or had been told about. Only production of a signed copy of the contract by the OP could NTL be sure that they are on firm ground.
The comment about barrack room lawyers assumes that posters have no legal qualifications or expertise in contract law. You have no means of knowing what expertise they may have.
The last sentance of yours sums the situation up quite nicely.
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ntl are not stupid and the contracts are pretty watertight if the correct procedures are followed.
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