Legal action taken against Virgin Media throttling practices - Page 4

BenMcr · 10-03-2009, 23:22

Quote:

A contract is a treatise between two agreeing parties and must be fair and reflect what the parties intended.

When you took out broadband services with Telewest, what speed of service was in the contract you signed?

You say that Virgin cannot alter the terms of the contract, which also must mean the orginal product terms and service levels apply as well

---------- Post added at 00:22 ---------- Previous post was at 00:13 ----------

And lets say the OP wins, manages to get lots of money out of Virgin Media - then what?

Virgin remove traffic managment and let everyone have a free for all?

Virgin downgrade everyones services to lower speeds that they can manage without STM?

I can't see any useful outcome apart from monitary.

Ignitionnet · 11-03-2009, 00:09

Can I point out Ben that you are a member of VM staff posting regarding an ongoing court case involving your employer - bad idea, better to keep schtum.

BenMcr · 11-03-2009, 00:12

Yes well thank you very much for that - you couldn't have put that on a private message maybe??!

At what stage has anything I posted inferred it is anything apart from my own personal view and/or from publicly accessable documents?

The Jackal · 11-03-2009, 00:17

Great teamwork guys.

...... LMAO

moaningmags · 11-03-2009, 00:25

Telewest had a fair usage policy although I never fell foul of it as a customer, nor did I ever see it enforced.
Virgin Media introduced STM in May of either 2006 or 2007, can't remember which year and can't be bothered to go find out.

If you've taken on a new contract in the last 12 months, then you have accepted the FUP and AUP including STM.

Sirius · 11-03-2009, 05:42

My take on this is

I would sooner have STM than fixed limits. I don't think they will allow me a fixed limit of 900 gig each month.

Ignitionnet · 11-03-2009, 08:10

Quote:

Originally Posted by The Jackal

Great teamwork guys.

...... LMAO

If you're referring to me I'm not VM staff

---------- Post added at 09:08 ---------- Previous post was at 09:05 ----------

Quote:

Originally Posted by BenMcr

Yes well thank you very much for that - you couldn't have put that on a private message maybe??!

At what stage has anything I posted inferred it is anything apart from my own personal view and/or from publicly accessable documents?

Perhaps but it was late.

The other bit isn't relevant. Of course it's not an official opinion but better to keep out of it.

---------- Post added at 09:10 ---------- Previous post was at 09:08 ----------

Quote:

Originally Posted by moaningmags

Telewest had a fair usage policy although I never fell foul of it as a customer, nor did I ever see it enforced.

It was enforced, Telewest were using STM way before the merger with ntl.

Stuart · 11-03-2009, 08:22

Quote:

Originally Posted by BenMcr

I know, but the way the OP is suggesting it is only VM that introduced the terms about managing the nework. They didn't

Why did the OP not take Telewest to court over clause 34 in their terms?

Indeed. When I signed up (nearly ten years ago now). NTL also had similar terms.

broadbandking · 11-03-2009, 08:41

NTL never had monthly limits did they

---------- Post added at 09:41 ---------- Previous post was at 09:41 ----------

Quote:

Originally Posted by BenMcr

Yes well thank you very much for that - you couldn't have put that on a private message maybe??!

At what stage has anything I posted inferred it is anything apart from my own personal view and/or from publicly accessable documents?

Calm down mate he was only trying to help you.

leexgx · 11-03-2009, 08:42

Quote:

Originally Posted by Welshchris

NTL before they became Virgin used to do Monthly caps and i found it a far better and fairer way.

C&W/NTL/virgin have never done monthy caps, if thay had i likely not be on there service
Virgin cant do montly caps unless thay are set Very high well above 250gb even then thay may lose customers, Virgin do not resell there lines so if customer goes thay get no money from them

Quote:

Originally Posted by Sirius

My take on this is

I would sooner have STM than fixed limits. I don't think they will allow me a fixed limit of 900 gig each month.

i agree the STM is Far better then monthly caps (god knows if or how they STM 50mb as you would notice it when it droped to 10mb)

@others
alot of users on ADSL cant get even close to what Cable offers, apart form 50mb broadband (droping to 2mb for short time) i have Never really had any big problems with Virgin or NTL (i had 1 dead modem (old silver 120 one) and power level had to be adjusted once), but i guess it realy matters where you are on the cable network but should be far faster then ADSL at most times

this Court case will likely fail so your going to lose money (hopefuly)

broadbandking · 11-03-2009, 08:45

Why hopefully the op is just fighting for what he thinks is right bit harsh really

LondonRoad · 11-03-2009, 08:51

Quote:

Originally Posted by broadbandking

Why hopefully the op is just fighting for what he thinks is right bit harsh really

I agree. It's quite refreshing to hear of an individual willing to take on a big gun to right what they perceive to be an injustice. It's a bit more constructive than spending hours bumping your gums on CF. Fight the good fight and win or lose you can walk away with your head held high, wiser although possibly poorer. STM has never affected me but good luck with it anyway.

Stuart · 11-03-2009, 08:53

Quote:

Originally Posted by leexgx

this Court case will likely fail so your going to lose money (hopefuly)

Bit harsh. The OP is only trying to get the service he is paying for.

leexgx · 11-03-2009, 08:56

Virgin is the only high speed broadband in the uk, with no monthly download caps i do not want virgin to do that thay daily limits thay have in place are fine as thay are unless you Live at home + download alot or not on 50mb bb, still if you know your going to get STMed trigger it at 4pm so it comes off at 9-10pm

monthly caps are very bad in the uk as most of them are no more then 40gb, virgins way still alows you to do more then 100gb per day

its an pointless court case really as terms of agreement states that thay can do this or modify services, when Virgin taken over NTL you now on Virgin terms not NTL even so there is an line about changing stuff, an legal team has likey looked at it (thay norm do not use monkeys to make these terms of agreement)

The Jackal · 11-03-2009, 09:19

Quote:

Originally Posted by Sirius

My take on this is

I would sooner have STM than fixed limits. I don't think they will allow me a fixed limit of 900 gig each month.

I second/third this.

Just whack p2p users and we'll all be happier - I honestly don't mind, even if they're capped to 100kbps and more importantly cap their upload speed....all helps to aid a fluid network.

If you want downloads - Virgin Media has inherited a perfectly good usenet server.