Quote:
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Originally Posted by thewilf
Any ideas how I can cancel this and get out of it as I dont want to pay the money for no service.
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Will,
For NTL to be legally able to charge you for the remainder of the outstanding contract term they would first have to assert and prove that there was no way they could offset the potential loss (for example by acquiring a new customer to replace your lost custom revenue).
Notwithstanding the fact that you were given incorrect information there are at least two elements of your situation as outlined above which constitute unfair terms under your contract -
See:
Unfair Terms in Consumer Contracts - 2001 - SCHEDULE 2 (Regulation 5(5))
Specifically you should refer to parts (c) and (e) of Schedule II (quoted below)
(c) making an agreement binding on the consumer whereas provision of services by the seller or supplier is subject to a condition whose realisation depends on his own will alone;
(e) requiring any consumer who fails to fulfil his obligation to pay a disproportionately high sum in compensation;
What people tend to overlook when discussing NTL's contracts is that there are two parties to the contract, you and NTL and both have obligations thereunder.
There were a raft of price changes introduced at midnight June 1st inst. and from their own "cancellation rights" you should quote the following taken from point 20 of the residential T&C:
You may cancel the Services without penalty in the following circumstances:-
- if we increase our Charges you may cancel those Services in respect of which the Charges have increased by giving us one month's notice in writing within 30 days of the earlier of:
(a) such price increase being notified to you under Condition 6.2; or
(b) the date of your first bill following such price increase, irrespective of whether the minimum period in respect of those Services has expired. If you cancel Services under this Condition, the increased Charges relating to those Services will not apply to you;
Don't forget to close the door on your way out.
FOOTNOTE:
NTL's ability to shoot themselves in the foot never ceases to amaze me.
From their own "Definitions"
- "
you" means the customer(s) we make this agreement with and includes a person who we reasonably believe is acting with your authority or knowledge.
There is
nothing in their T&C which stipulates that the contract is with a premises. The contract is with the customer (you). For NTL to assert that you cannot move house / home without them penalizing you is a nonsense.
Even if you didn't want to cancel and simply moved house and they were unable to provide the services to your new address you would be within your rights under the T&C to invoke 5.2 of the agreement.
Again - from their own T&C.
5.2 Our obligation to provide the Services and Equipment is also subject to survey. Before installing the Services at your premises, we may carry out a survey of your premises. If the survey shows that the Services cannot be installed at your premises or that a non-standard installation is required to enable us to provide the Services, we may cancel any agreed installation appointment and terminate this Agreement.
Have you asked them to carry out a survey of your new premises? I would, and then I'd insist they exercise their termination right under the above.