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Old 27-02-2005, 08:26   #23
timmyf2371
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Join Date: May 2004
Location: Glasgow, Scotland
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Posts: 9
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Re: Help - NTL refusing to pay compensation/refund for loss of service

Your best bet may be to read up on the Sale of Goods act and also the Unfair Contract Terms act.

Firstly, the Unfair Contract Terms act states that a trader selling goods cannot exclude liability for a breach of a consumerââ‚à ƒ‚¬Ã¢â€žÂ¢s rights under the Sale of Goods Act. With regards to services, contractual exclusion clauses are not illegal but they are not enforceable if they are unreasonable - something which ntl's attempt to get out of paying compensation could very well be deemed as.

Now, onto the Sale of Goods act.

According to the DTI website, any goods supplied in the course of the service must be as described, of satisfactory quality and fit for their purpose. If they are not the consumer is entitled to a repair, replacement or compensation. It also mentions that any goods supplied in the course of the service must be as described, of satisfactory quality and fit for their purpose. If they are not the consumer is entitled to a repair, replacement or compensation.

I'd be interested to see how ntl staff would try and escape their obligations under the above mentioned acts.
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