NTL Broadband Terms & Conditions Moving House? - Page 8

gordk · 28-02-2005, 14:11

Unfortunately I have been renting from the father of a friend and have never as such had a tenancy agreement - nor have the other people in the house. We have the standard 2 month notice period and that is all unfortunately

Goes to show its not wise to get too comfortable and as soon as I can afford I would like to get my own place.

Chris W · 28-02-2005, 14:16

Quote:

Originally Posted by gordk

Neither party is liable for any breach of this Agreement which is caused by something beyond their reasonable control[/b] including Acts of God, fire, lightening, extremely severe weather, flood, a national or local emergency, explosion, war, military operations, civil disorder, damage to the ntl Network, terrorism, vandalism, industrial disputes, or acts of local or central Government or other competent authorities.

Ah hah... This is called "Frustration"

A contract is frustrated if an event occurs which is out of control of both parties, such as the examples given.

I don't think you leaving the property would be classified as frustration... but the answer of the law is usually "maybe" so it is worth a try

scrotnig · 28-02-2005, 15:13

Gordk, what area of the country are you in?

gordk · 28-02-2005, 15:19

Currently I am in Leeds LS11

scrotnig · 28-02-2005, 16:33

PM me your details and the date you're moving out, I'll arrange the disconnection for that date.
__________________

This matter will now be sorted.

gordk · 28-02-2005, 16:38

Thank you

cr80123 · 28-02-2005, 16:46

So where does that leave me then? I'd say I can get rid of the TV and telephone at anytime as I've signed nothing for them, but am still tied into the terms and conditions for broadband as I accepted them whilst registering online. Or by merely using the TV and phone do I automatically agree to abide by the terms and conditions?

scrotnig · 28-02-2005, 16:58

Quote:

Originally Posted by cr80123

So where does that leave me then? I'd say I can get rid of the TV and telephone at anytime as I've signed nothing for them, but am still tied into the terms and conditions for broadband as I accepted them whilst registering online. Or by merely using the TV and phone do I automatically agree to abide by the terms and conditions?

All three services are subject to the contract, so yes, if you've used them you'd normally be deemed to have agreed.

cr80123 · 28-02-2005, 17:34

I'd have thought I'd be subject to the terms and conditions, but not the contract as I haven't signed it. Is there an electronic version of this contract avialable anywhere?

scrotnig · 28-02-2005, 17:38

Quote:

Originally Posted by cr80123

I'd have thought I'd be subject to the terms and conditions, but not the contract as I haven't signed it. Is there an electronic version of this contract avialable anywhere?

ntl only supply services under their published contract. If you don't agree to that contract, the correct procedure is to refuse the installers permission to install.

If you commence using the service then you are legally bound and no court in the land would rule otherwise.

Using your own theory, you presumably wouldn't mind at all if ntl suddenly trebled your charges...after all, you wouldn't be bound by the contract so they could alter charges when they pleased.

Contracts are a two way thing. I'm afraid you can't get round it this way at all.

cr80123 · 28-02-2005, 17:44

Yes I agree in part, but surely they're obliged to give me a copy of the contract to read and refuse to sign if I wished? In fact I'd have thought they shouldn't even be supplying me with anything without a signed contract. To be honest I'm a bit confused since Ian mentioned this contract with a specific address on it - the only thing I'd heard of before were the terms and conditions which I thought formed the contract.

scrotnig · 28-02-2005, 17:47

Quote:

Originally Posted by cr80123

Yes I agree in part, but surely they're obliged to give me a copy of the contract to read and refuse to sign if I wished? In fact I'd have thought they shouldn't even be supplying me with anything without a signed contract. To be honest I'm a bit confused since Ian mentioned this contract with a specific address on it - the only thing I'd heard of before were the terms and conditions which I thought formed the contract.

What happens is when you order the service a contract is sent out. You are asked to return it, but not returning it won't prevent the installation taking place.

cr80123 · 28-02-2005, 17:54

Yes but I didn't receive it. Do they not check to see if they've been signed and returned? In fact, thinking about it further, I don't see how I can possibly be under a contract I haven't signed. Unless of course by ordering the service I automatically agrre to be under it. But in that case why bother sending one out for signature?

Derek · 28-02-2005, 17:59

No they don't check. When you allow the engineers into your home and sign to say you are happy with the work it normally means you are happy with the work and to be bound by the T&C's (which are normally also on the back of the installation confirmation)

And before you complain this is exactly how Sky operate as well.

cr80123 · 28-02-2005, 18:04

Ah yes but this contract seems to be different from the terms and conditions, does anyone have an electronic copy? And why do they bother sending it out for you to sign if they don't check if you have?!