Amount stated in contract

[qasdfdsaq]

Originally Posted by Stop It

If I broke contract I would be liable to pay the remaining contract, no matter when I did it, and I have no right to do anything about it, yet VM reserves the right to re-write their end of the deal and 30 days later, bang, I'm locked down again.

What, you expect a weak little consumer and giant corporation with expensive lawyers to be on the same legal footing? Pfft.

Contracts are almost always biased one way or another. The reality in the business world is the bigger you are the more s*** you can get away with. In some industries it's pretty much the norm for bigger companies to routinely breach contracts and screw over small suppliers on a daily basis. Because they can.

[DABhand]

Originally Posted by RobboEdin

I absolutely agree with you but you need to read the Virgin Media contract.

It categorically states that they can increase the charges during the contract period and, in return, the customer has the right to cancel the contract with no penalty.

But is it legal?

I could put anything in a TOS etc and do it, doesn't mean it is legal though.

And that is the thing, is their ability to change prices on the fly even mid contract actually legal for them to do so? Probably not which is why they give you the option to leave without paying a fee when they do.

---------- Post added at 09:23 ---------- Previous post was at 09:20 ----------

Originally Posted by BenMcr

That's correct - there is window to which you can object otherwise you legally accepted the notified changes.

I believe this is standard contract law rather than being specific to Virgin Media.

I didn't even know this, not like its plastered everywhere for people to know.

VM being sneaky again?

Don't remember that being said on any letter or email about price changes that you have 30 days while in a contract to not agree but carry on with the contract.

Hmmm. Need to dig out the letter and check.

[BenMcr]

Originally Posted by DABhand

I didn't even know this, not like its plastered everywhere for people to know.

VM being sneaky again?

Don't remember that being said on any letter or email about price changes that you have 30 days while in a contract to not agree but carry on with the contract.

Hmmm. Need to dig out the letter and check.

These were the two parts in the letter:

We really hope you want to continue enjoying all the great value entertainment you get from us. But if you wish to, you can cancel your contract any time before 31 December 2014 without paying any cancellation fees.

Things to note.
• We’re making a change to our terms and conditions; if you wish to reduce the services you have or remove any additional services (including Premium television channels), you must give us 30 days’ notice and pay any charges (including usage charges and line rental) up to the end of that 30-day notice period. Visit virginmedia.com/legalstuff to see more about these changes.
• If you are on a promotional offer we will honour it. Some of your increase may therefore happen at the end of your promotional offer. Visit virginmedia.com/better to find out more.
• If you are one of the thousands of customers that have Line Rental Saver you will continue to benefit from this fantastic offer.
Some of your increase may therefore happen at the end of your Line Rental Saver period.
• If you wish to cancel your contract or speak to a member of our team, please call us on 0800 052 2190.

[Stop It]

Originally Posted by BenMcr

These were the two parts in the letter:

"• If you are on a promotional offer we will honour it. Some of your increase may therefore happen at the end of your promotional offer. Visit virginmedia.com/better to find out more."

I was told the opposite by VM CS, that my increase of near £6 a month would apply on top of my 12 month promotional offer when I signed up to VM last May. I rang up specifically to ask about this and was one of my reasons to complain.

I'm now seriously confused.

[BenMcr]

Depends on the offer what happens.

For instance:

If you're on a half price offer, that continues but it'll be half of the new price, not the old one
If you're on a fixed price offer e.g. £5 for six months, than that won't change until the end of the six months.

[Stop It]

Originally Posted by BenMcr

Depends on the offer what happens.

For instance:

If you're on a half price offer, that continues but it'll be half of the new price, not the old one
If you're on a fixed price offer e.g. £5 for six months, than that won't change until the end of the six months.

Ah, I was told something different.

I was told my offer of 12 months half price would stand, but the extra £5.xx would apply on top of that, and would not be half of the new price like above.

I even said on the phone if the situation you described above applied I would be fine but was told the half price offer was an absolute monetary value and wouldn't increase along with any price rises.

As I wont get another bill for a few weeks I can't say for sure what's going to happen but some clarification on how these rises actually affect those on introductory offers and promotions would be very welcome.

[DABhand]

Originally Posted by BenMcr

These were the two parts in the letter:

Ben was talking about the 30 days to disagree with the price increase but to carry on with the current price of the contract that is still running.

Not the how to leave without paying a fee.

[BenMcr]

Originally Posted by DABhand

Ben was talking about the 30 days to disagree with the price increase but to carry on with the current price of the contract that is still running.

That doesn't exist, and that wasn't what I was talking about.

Your legal options during the 30 days are to cancel without penalty or not. That's it.

Virgin Media may offer you a new price to stay but that's their own choice not a legal right. And if you do accept a new price, it's a new contract which may then shorten your exit options (new contracts are subject to 14 days right to cancel which would supersede any remaining part of the 30 days)

Section J3 of the terms and conditions, which is the same section which gives you your cancellation rights:

If we and/or Virgin Media Payments:
a) increase our charges under this agreement
b) make significant changes to the services so the services you are entitled to receive in return for the charges you pay are significantly altered or reduced; or
c) make significant changes to the terms and conditions of this agreement (including the other legal stuff),

you may cancel those services affected without penalty by giving us and/or Virgin Media Payments (as applicable) at least 30 days' notice. Such notice must be given within 30 days of the increase in charges or changes to the services or this agreement being notified to you. If you were not notified of these changes in advance, you must give notice of cancellation of the services affected to us and/or Virgin Media Payments (as applicable) within 30 days of receipt of your first bill following such increase in charges. If you do not give notice of cancellation within the specified period, you will be deemed to have accepted the increase in charges and/or the changes to the services and this agreement. You will no longer be able to cancel your services under this paragraph. If you cancel any services in these circumstances, the increased charges will not apply to those services during the 30-day notice period and paragraph J2 will not apply if you cancel before the end of the minimum period.

[qasdfdsaq]

Originally Posted by DABhand

But is it legal?

I could put anything in a TOS etc and do it, doesn't mean it is legal though.

Everything is legal unless there's actually a specific law against it.

[DABhand]

Well there is, is there not, to stop companies from making TOS that is very one sided and in favour to them only.

Or perhaps it is most them don't actually hold up in court if that is the course of action someone takes.

I can't remember exactly, but in Scotland there is a Unfair Contract Terms Act that stops this kind of thing.

---------- Post added at 19:50 ---------- Previous post was at 19:49 ----------

Originally Posted by BenMcr

That doesn't exist, and that wasn't what I was talking about.

Your legal options during the 30 days are to cancel without penalty or not. That's it.

Oh was just going on what was said to you and what you replied earlier in this thread.

[qasdfdsaq]

Originally Posted by DABhand

Well there is, is there not, to stop companies from making TOS that is very one sided and in favour to them only.

No.

I can't remember exactly, but in Scotland there is a Unfair Contract Terms Act that stops this kind of thing

Unfair contract terms legislation does not stop this kind of thing because it is not unfair. Unfair contract terms legislation is actually what led to the creation of these terms in the first place.

[DABhand]

Originally Posted by qasdfdsaq

No.

Unfair contract terms legislation does not stop this kind of thing because it is not unfair. Unfair contract terms legislation is actually what led to the creation of these terms in the first place.

Just checked up more on it, there has been court cases where contracts were unfairly heavy for the business and not for the customer, so wasn't balanced.

And the customer has won most of the cases.

But that's in Scotland, not sure about the rest of the UK though.

[qasdfdsaq]

Originally Posted by DABhand

Just checked up more on it, there has been court cases where contracts were unfairly heavy for the business and not for the customer, so wasn't balanced.

Different contracts are different. Go figure.

Allowing a customer to leave without penalty is not 'unfairly heavy for the business'.

The Consumer Contracts Regulations (and its predecessors) are UK-wide implementation of EU directives, they are not specific to Scotland.

[DABhand]

Originally Posted by qasdfdsaq

Different contracts are different. Go figure.

Allowing a customer to leave without penalty is not 'unfairly heavy for the business'.

The Consumer Contracts Regulations (and its predecessors) are UK-wide implementation of EU directives, they are not specific to Scotland.

But it can be seen as unfair if they can change prices you originally agreed upon for a set time frame.

[qasdfdsaq]

Not by the courts it can't.