Someone please help

thewilf · 18-06-2006, 05:46

Hi guys,

I have been with NTL for 3 months having signed up for 12 month internet contract. I new I was planning to move house in the near future and checked with the girl when signing up if my connection could be moved to my new address. I gave her the post code, house number and phone number of the property currently and she said yes my service was avalible in that area.

The time has now come for me to move and I decided to phone NTL to arrange the transfer to the new house and was told that I could not have that service in my new area and that I would have to pay for the remainder of the contract even though I would not be using it.

Obviously I think this is unfair especially seeing as I checked with the lady when I signed up in order to ensure i could transfer and was told yes.

Any ideas how I can cancel this and get out of it as I dont want to pay the money for no service.

Regards
Will

18-06-2006, 06:29

Quote:

Originally Posted by thewilf

Hi guys,

I have been with NTL for 3 months having signed up for 12 month internet contract. I new I was planning to move house in the near future and checked with the girl when signing up if my connection could be moved to my new address. I gave her the post code, house number and phone number of the property currently and she said yes my service was available in that area.

The time has now come for me to move and I decided to phone NTL to arrange the transfer to the new house and was told that I could not have that service in my new area and that I would have to pay for the remainder of the contract even though I would not be using it.

Obviously I think this is unfair especially seeing as I checked with the lady when I signed up in order to ensure i could transfer and was told yes.

Any ideas how I can cancel this and get out of it as I dont want to pay the money for no service.

Regards
Will

It's not your fault your moving so how can they charge you for services you can't get? Give them another ring and tell them the woman told you NTL services were available at your new address. NTL are becoming a joke big time just lately.

bopdude · 18-06-2006, 08:13

Hi thewilf

to CF, I'm not that 'up' on the legal jargon etc etc but it's my understanding that if they can't supply you at your new address, any outstanding contract is cancelled, as I said, I'm not that clued up, one of our more knowledgable peeps should be along soon enough, stick around, you'll get a positive answer

thewilf · 18-06-2006, 08:29

Cheers for the help guys, they are saying that because I signed up for the 12 month contract at this address I am still bound into it despite the fact it is thier fault that they signed me up under false pretences.

GRRRRRR so annoying going to give them another call and ask to speak to the supervisor if I get no joy. The thing is I am fairly flexible and would be willing to change to a digital tv package so they at least still have my business but they are just being so annoying and not even listening to what I say.

I work in customer services to at an international airport as a Terminal Operations Supervisor so like on airport I get alot of flack all day from passengers, much like int the tv prog, but I manage to work around this and try and help them, NTL just seem to be reading from a script.

Cheers Again
Will

iSteve · 18-06-2006, 09:49

The problem is that NTL do not have a consistent policy on such things. When the customer retentions and moves departments relocated during the recent restructure, the policy towards house moves and disconnections also changed IIRC.

It used to be the case that if you were moving to a non-cabled area, that was that, NTL accepted the fault was theirs in not being able to provide you service, and waived the 12 month contract requirement.

However, my understanding is that some not so bright spark at NTL decided to classify NTL's off-net product offerings as being 'equivalent' to their on-net offerings, and therefore you are expected to take out NTL's equivalent off-net products and if you do not, they consider you in breach of the contract and within their rights to charge you for the remainder of the 12 months contract.

I queried the logic of compelling customers to take out a phoneline with BT so they could sign up with NTL off-net and whether we could do that but each time was told this is the new policy.

I don't know if this has since changed as I recently left NTL and it's possible they've had another rethink.

The problem is, when a policy has been in place for several years, everyone including the tech's and salesmen get familiar with it, then when it is changed, they aren't told as disconnections isn't considered an area they deal with, and so they carry on giving out outdated information, believing in good faith it to be true as they've not been told otherwise.

In your case it sounds like the rep believed your new address was serviceable so this wouldn't be an issue. It may be worth trying to get ahold of the original rep who told you it would all be okay and see if he/she remembers saying that. If NTL are satisfied you were given incorrect advice which you based your decision to buy on they will most likely honour it.

Alternatively you may be better off going through some of the NTL insiders/contacts we have working here to try and sort this out, as they have managed to work many miracles in the past and seem to have ways of getting things done which might not otherwise get done

Mr Angry · 18-06-2006, 10:39

Quote:

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.

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.

Neil · 18-06-2006, 11:13

I love Mr Angry......

18-06-2006, 11:35

Quality, total and 100% quality reply from Mr Angry..

I am thinking of moving house in 6-9 months so I am going to print his reply out 'just in case'

thewilf · 18-06-2006, 13:57

Cheers for that guys, a great comprehensive reply from all of you. The thing which annoys me is that I was quite happy with NTL up to this point and was more than willing to sign up for TV etc... when I moved house however they are just managing to loose my custom.
Thanks alot for all of your replies, time to bombard NTL customer services with my this info on monday morning,
Cheers
Will

budwieser · 18-06-2006, 19:06

Quote:

Originally Posted by Neil

I love Mr Angry......

Mr Angry makes some `Seriously` good posts.!!!!!!!