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Originally Posted by intalex
Interesting, but how am I to know what these t&c's are, and how different they are from my negotiations with the salesperson? After all, the amount going out of my account each month is exactly what the salesperson had said would be the case.
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When placing the order the salesman will inform you that you will be bound by ntl's terms and conditions which will be sent to you to sign and return. If you choose not to sign and return them, it doesn't matter, as by letting the installers in, having been informed that this is only done under the published contract, you're deemed to have accepted tham, and you'd have a hell of a job convincing any court that you didn'ty know about the contract when you let the installers in.
That said, it is certainly the case that the salesman will have told you that if you move to a non cabled area you will be released from contract, as this was certainly the company's policy at the time. It's not your fault the policy has changed and, whilst you CAN be held to contract, I would push the issue and ask that you be released as this was your understanding at the time you signed up. You will probably need a manager for this though.
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Originally Posted by dr wadd
I`m not convinced you are correct here. It has already been established that the contract is with a person, *not* the property.
Under English law, a contract requires, for it to be defined as a contract, the receipt of a product or service in exchange for the money paid. If either of those factors are not present then legally it is not classified as a contract.
If the customer is moving out of an NTL area, for the contract to still be a contract then NTL must supply the services in exchange for the money paid. Therefore, all the customer has to do is say that they are willing to continue paying if they can continue to receive the service. If NTL cannot provide the service then the criteria under English law that make a contract a contract are not satisfied and the customer's responsibilities are discharged.
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Whilst sounding plausible, that's not the case here, for the simple reason that the change in ability to provide the service has been brought about by the customer moving house, not by the company's inability to provide the service.
Contracts have to fair to BOTH sides, not just the customer. On your basis a customer could conceivably have grounds to force ntl to lay cable in a non cabled area. Such a contract would be deemed unfair and unenforcable.