Quote:
|
Originally Posted by Mr Angry
The rules regarding early cancellations of contracts (be they NTL's or someone elses) are very clearly defined by the OFT.
"Discretionary" actions are of no relevance to a contract whereby they do not appear in the terms of the contract.
Unfortunately for NTL the Office of Fair Trading haven't moved their goalposts since 2001 - irrespective what NTL did in Jan '05.
The following is considered to be an unfair term under the Unfair Terms in Consumer Contracts - 2001 - SCHEDULE 2 (Regulation 5(5))
(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;
NTL cannot therefore claim a breach of the terms and conditions of the contract where you move house to an area they do not service. It is their problem that they cannot continue to provide you their services (an off net area).
As a consumer you have no control over what is an "on net" and an "off net" area - they do and this is therefore a " condition whose realisation depends on his (their) own will alone".
Quite simple really.
(e) requiring any consumer who fails to fulfil his obligation to pay a disproportionately high sum in compensation; |
So why does any service provider that has a minimum term contract bother then, if it's not worth the paper it's written on?