I am so angry please can someone advise

[huxleypiguk]

Or maybe you are not the first to have applied this ?

The way I understand it any flyer that is sent out is not a legally binding contract, it is, as has been said, an invitation to treat. This means that, if both sides are agreeable, a deal can be done. However in this case both sides are not agreeable.

Say for example a salesperson sends a quote and slips a decimal place, they are not legally bound to honnor that quote. In this case they are saying that, if you are on full price 1mb, the difference between the 2mb service is £7.

It does not say that you will get this, but rather that you could.

It will be interesting to see what your TS, CAB and Watchdog say about it.

[Chris W]

See Pharmaceutical Society of Great Britain v Boots Limited and the Kodak case in 2002 (which isn't reported in the law reports as it was settled out of court.

It is clearly an invitation to treat, not an offer of contract.

Can't believe the fuss everyone is making about this.

[etccarmageddon]

Originally Posted by Chris W

...Can't believe the fuss everyone is making about this.

I can.

[Stephen]

It is just an invitation nothing more.

I mean I have NTL and have done for a few years and yet they still send flyers inviting me to sign up to NTL with all their offers but I can't make use of them.

[Darth Fader]

Originally Posted by Chris W

See Pharmaceutical Society of Great Britain v Boots Limited and the Kodak case in 2002 (which isn't reported in the law reports as it was settled out of court.

It is clearly an invitation to treat, not an offer of contract.

Can't believe the fuss everyone is making about this.

I am off sick from work and on 75% pay and my mum who I live with is on a pension. We were offered something for £7 a month extra by NTL. I didn't call up and say what offers have you got or anything like that, they offered it to me without me asking so therefore given our cirumstances we wanted to grab it with both hands.


In the grand plan of things with the world in the state it is, yes my broadband is very very very minor but I just think if a company makes a muck up like this, they should honour it, esp as it just doesn't add up, for example the timing and the fact they said all 1mb customers got this add but yet this thread has prooved this is not the case.

Not trying to sound rude on your forum and I respect your views but I really don't think I am making a fuss like you say.

Have a great day


PJ

Originally Posted by Darth Fader

I am off sick from work and on 75% pay and my mum who I live with is on a pension. We were offered something for £7 a month extra by NTL. I didn't call up and say what offers have you got or anything like that, they offered it to me without me asking so therefore given our cirumstances we wanted to grab it with both hands.

I'm sorry, I'm not following this - if your finances are tight, why would you want to sign up to give NTL £7 *more* every month?

[Darth Fader]

Well hopefully I will be back to work soon and it would be a great help to get a good deal on faster BB.


I think at the end of the day TS will rule in favour and will end up costing NTL far more rather than doing the descent thing now and honouring it

[Neil]

Originally Posted by Darth Fader

I am off sick from work and on 75% pay and my mum who I live with is on a pension. We were offered something for £7 a month extra by NTL. I didn't call up and say what offers have you got or anything like that, they offered it to me without me asking so therefore given our cirumstances we wanted to grab it with both hands.

So why do you want to [i]increase[/u] your financial outgoings each month?

Originally Posted by Darth Fader

In the grand plan of things with the world in the state it is, yes my broadband is very very very minor but I just think if a company makes a muck up like this, they should honour it, esp as it just doesn't add up, for example the timing and the fact they said all 1mb customers got this add but yet this thread has prooved this is not the case.

But if finances are so tight why are you even thinking about it?

Originally Posted by Darth Fader

Not trying to sound rude on your forum and I respect your views but I really don't think I am making a fuss like you say.

Have a great day


PJ

Not trying to be rude either, but I'm not sure why you are evening making a point.

You didn't want to pay out any extra cash before the flyer arrived, then you thought you might be able to get more for £7, now you don't want to spend any more so you're back where you started.

Nothing lost really.

[Darth Fader]

When I am not sick some of my work is via the internet so a better connection speed would be great.



At the end of the day that is a side issue. I was targeted with an Advert from NTL with an offer. When I called up to take up that offer i was told I couldn't.


I guess it is like offering you a sweet, you didn't want it before, you can cope without it, but as I offered it to you, it would be rude of me to say no when you say yes please

[etccarmageddon]

I assume he means he can afford £7 but not £15? ps. evening to you too! what time zone are you in today Neil!

[Neil]

Originally Posted by Darth Fader

When I am not sick some of my work is via the internet so a better connection speed would be great.

Then you should have a business connection, & not a residential one.

Originally Posted by Darth Fader

At the end of the day that is a side issue. I was targeted with an Advert from NTL with an offer. When I called up to take up that offer i was told I couldn't.

Fair enough, but then you shouldn't have mentioned that you were off sick & implied that money was an issue IMO.

Originally Posted by Darth Fader

I guess it is like offering you a sweet, you didn't want it before, you can cope without it, but as I offered it to you, it would be rude of me to say no when you say yes please

Not really as you make no mention of changing prices in your analagy.

---------- Post added at 11:30 ---------- Previous post was at 11:29 ----------

Originally Posted by etccarmageddon

ps. evening to you too! what time zone are you in today Neil!

What are you on about?

[Darth Fader]

erm well I didn't want to go into my personal details on this forum but as you mentioned it, when I say work it is a website for the band I do sound for, so hardly a buisness

Originally Posted by Darth Fader

When I am not sick some of my work is via the internet so a better connection speed would be great.



At the end of the day that is a side issue. I was targeted with an Advert from NTL with an offer. When I called up to take up that offer i was told I couldn't.


I guess it is like offering you a sweet, you didn't want it before, you can cope without it, but as I offered it to you, it would be rude of me to say no when you say yes please

So you are using a domestic installation for business purposes, which is against the terms & conditions of your contract, but when NTL make a mistake by not including a disclaimer to say 2 offers/discounts can not be applied to your account at the same time, you shout from the rooftops & want to involve Trading Standards & Watchdog.

I am totally in favour of taking NTL to task if they are at fault, but in this case I feel the reaction is disproportionate to the problem.

This is my personal opinion, of course, and I don't want to seem to be antagonistic, as I can understand you being disappointed, but to be honest, as someone who pays full price for my connection - and am effectively subsidising your discount, I feel you are being greedy, sorry.

[Stuart]

Originally Posted by Darth Fader

I am off sick from work and on 75% pay and my mum who I live with is on a pension. We were offered something for £7 a month extra by NTL. I didn't call up and say what offers have you got or anything like that, they offered it to me without me asking so therefore given our cirumstances we wanted to grab it with both hands.

As Chris stated, the law sees as an Invitation to treat. If you had signed up, and NTL had allowed it, then you would have entered into a contract, and NTL would be legally bound to honour it (within Terms and Conditions).

As it is, yes, they have advertised to you. The same way that they (and other companies) advertise to thousands of people. I have been an NTL customer for 6 years, and had broadband for 5 of them. I *still* get letters from NTL pointing out they do broadband in my area and inviting me to apply. The same with other companies. However, as you have found out, Advertising something does *not* necessarily mean it's available for everyone.

NTL were done (rightly so) by the ASA for advertising broadband in parts f London. This, IMO, was justified as broadband was not available to anyone in those parts of London at the time, and no release date was given. The adverts concerned stated it was available.

Another point, as Chris T has said, if I were in your financial situation, I would not be looking at upgrading my BB speed. That (to me) is a luxury.

[etccarmageddon]

Originally Posted by etccarmageddon

...ps. evening to you too! what time zone are you in today Neil!

Originally Posted by Neil

...What are you on about?

Originally Posted by Neil

...I'm not sure why you are evening making a point.

---------- Post added at 12:35 ---------- Previous post was at 12:16 ----------

Originally Posted by homealone

...This is my personal opinion, of course, and I don't want to seem to be antagonistic, as I can understand you being disappointed, but to be honest, as someone who pays full price for my connection - and am effectively subsidising your discount, I feel you are being greedy, sorry.

how would paying £7 a month more to NTL be greedy?

at the moment he's getting a discount of 38% by paying £9.99 for something that normally costs £17.99.

If NTL honoured the email 'invite' then he'd be paying £16.99 for something that normally costs £24.99 a month then that would reduce the discount percentage to 28%.

if anything NTL are better off upgrading him.