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Mr Angry · 07-02-2006, 19:42

As "Simply Grey" posted earlier whoever drafted / agreed this has walked ntl into a legal minefield which will result in costs of many thousands of pounds.

The proposed "...late payment fee of £10" is a breach of the 1977 (& subsequent amendments) Act.

It constitutes a "penalty" and is illegal under consumer credit law which clearly states that a charge cannot be in excess of the liquidated losses incurred.

Anther forum which I am involved with has recovered many thousands of pounds over the past twelve months in respect of illegal charges such as this. The fact that ntl openly admit that this is a "late payment fee" as opposed to trying to hide it behind the usual "administration charge" is proof that the cheese has slid of their cracker.

Several members of the legal profession and people who have won claims via the forum in question have viewed these proposed charges and are quite happy to advise should anyone want to avail of assistance / advice in the event that ntl try this on with anyone here or elsewhere.

Incidentally, it's interesting that NTL will charge you £12.00 for a year of itemised billing while under the 1998 DPA you can request same for a statutory fee of no more than £10.00 (at considerably more administration costs to them).

Unless they can quantify why suddenly it costs £4.00 to downgrade a service (remember this is currently free) this will also be argued to be a "penalty charge".

Their legal affairs people really need to pull their socks up.

For example: "There will be a one off £25 charge to have your second set-top box installed. This charge will appear as "Install TV Add SetTop" on your next bill."

I'm assuming, from the wording, that there is no rolling fee for the service?

Please, really ntl - get your act together.

If anyone wants advice on how to contest charges or needs qualified legal advice on how to proceed with small claims drop me a pm and I'll hook you up.

Ref: Chrysalis above:

"..and ntl wouldnt produce my call log for the previous unitemised month".

Chrysalis, point out to them that they are, by definition, a "Data Controller" and, as such, are bound by the DPA 1998 and the Office of the Information Commissioner not only to retain the information which you might require off them in relation to your account but also that, should you advise them that you are considering taking legal proceedings, they are in no position to refuse under the Ch34 exemptions of the aforementioned Act.

07-02-2006, 19:42	#53
Mr Angry Inactive Join Date: Jan 2006 Location: Belfast Posts: 4,785	Re: ntl Service Charges new! As "Simply Grey" posted earlier whoever drafted / agreed this has walked ntl into a legal minefield which will result in costs of many thousands of pounds. The proposed "...late payment fee of £10" is a breach of the 1977 (& subsequent amendments) Act. It constitutes a "penalty" and is illegal under consumer credit law which clearly states that a charge cannot be in excess of the liquidated losses incurred. Anther forum which I am involved with has recovered many thousands of pounds over the past twelve months in respect of illegal charges such as this. The fact that ntl openly admit that this is a "late payment fee" as opposed to trying to hide it behind the usual "administration charge" is proof that the cheese has slid of their cracker. Several members of the legal profession and people who have won claims via the forum in question have viewed these proposed charges and are quite happy to advise should anyone want to avail of assistance / advice in the event that ntl try this on with anyone here or elsewhere. Incidentally, it's interesting that NTL will charge you £12.00 for a year of itemised billing while under the 1998 DPA you can request same for a statutory fee of no more than £10.00 (at considerably more administration costs to them). Unless they can quantify why suddenly it costs £4.00 to downgrade a service (remember this is currently free) this will also be argued to be a "penalty charge". Their legal affairs people really need to pull their socks up. For example: "There will be a one off £25 charge to have your second set-top box installed. This charge will appear as "Install TV Add SetTop" on your next bill." I'm assuming, from the wording, that there is no rolling fee for the service? Please, really ntl - get your act together. If anyone wants advice on how to contest charges or needs qualified legal advice on how to proceed with small claims drop me a pm and I'll hook you up. Ref: Chrysalis above: "..and ntl wouldnt produce my call log for the previous unitemised month". Chrysalis, point out to them that they are, by definition, a "Data Controller" and, as such, are bound by the DPA 1998 and the Office of the Information Commissioner not only to retain the information which you might require off them in relation to your account but also that, should you advise them that you are considering taking legal proceedings, they are in no position to refuse under the Ch34 exemptions of the aforementioned Act.