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Originally Posted by totalwar
I ask for a e-mail address he said they didn't have one apart from the online reply on ntlworld home page under support I think.I phoned the free phone number still work.Unless they transfel the call to the the 5min a minute changes have to wait for my bill for that.Joined ntl end of feb 06.Mr burke said the package I was on was not affected by the price risesbeing £34.99 pm for internet and around £45pm for the telephone and tv package.
Q)constitutes a price increase in respect of their services provided.Can't see it myself some how don't want an another hour on the phone on hold.
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If he was happy to tell you he didn't have an email address that you could contact him on then I'm afraid I would have to assume he is showing nothing short of contempt for you as a customer. As such I don't believe you should consider anything else he told you as either bonafide or, for that matter, factual.
From NTL's own residential Terms and Conditions (specifically your rights to cancellation) I quote;
"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;"
As of today all digital TV base packs are going up by 50p (that's a price increase) so, under Clause 20 you are entitled to terminate the contract
without penalty.
The Analogue base pack is increasing by £2.00 so Clause 20 applies.
They are now charging for calls to Customer services (not only a price increase but an entirely new cost above what was previously free) so, again, Clause 20 applies.
The International Call Plan will no longer be included for free in Talk Unlimited and Talk Unlimited 24 - that's a depletion of service and falls under part ii of Clause 20.
From today the daytime charging period commences at 6am. This represents another price increase (very cleverly, by proxy) and is covered by Clause 20.
Unlimited dial up internet is going up to £14.99 a month and 1mb Broadband Plus is going up to £4.99 - see clause 20.
There are lots more increases implemented with effect from today and I could go on but I think you should by now have realized that, irrespective of what service(s) you have from NTL and what this member of staff has told you, you
will be affected by price increases.
As such you are within your rights to cancel any services affected by the myriad of price changes
without penalty.
Under current OFT guidelines any supplier who attempts to recoup monies due for the remainder of a contract term from a customer who has (or seeks) to exercise his or her right to an early termination within the terms of the contract (in this case Clause 20) is deemed to be applying an "Unfair term".
"Unfair terms" represent a penalty (it's interesting that NTL use the terminology "penalty" in their own terms and conditions) and penalty charges which do not represent the liquidated losses are unenforceable under common law.
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).
How likely do you think that is?