12 month Contract Problem

Racingdick · 01-11-2004, 11:11

On behalf of my mate im posting this

ok.. he moves from an NTL area; gives his month notice... fine..
moves to telewest in Bristol, 2 months in he gets a job in London and moves.
goes to cancel his connection to be told he cant and willl have to pay his 20 squid a month for a connection he cant use.

If there is anyone in Telewest CS who can help out here or provide any advise I'd be gratefull..

Rich

Neil · 01-11-2004, 11:47

If he took a 12 month contract, he is liable for the remain 10 months, it really is as simple as that.

Contracts are there to protect both parties, people are quick to rant (myself included) when companies don't keep their part of the deal, but they seem to think they are hard done by when they have to pay out as they have broken their side of the contract.

Sorry, but your m8 is liable for those costs (& rightly too IMHO)

[Edit]-It's not that he can't cancel, it's just that there will be a penalty fee involved if/when he decides to do so (I.E TW will kill the connection, & not just leave it running for another 10 months, but they will charge for the months that your m8 agreed to pay them when he signed up)

**Mick** · 01-11-2004, 11:57

Surely if he has moved or is moving - that is a valid enough reason for a 'get out clause' in his contract?

Chris W · 01-11-2004, 12:05

I believe with ntl if you move to a non cabled area the that is a get out clause... but i am sure Mark B will be along to clarify

I would imagine the situation with TW is similar... if he is moving to a non cabled area then there is no way they can provide the service to him, so he sould be able to release from the contract on these grounds? However, if he is moving to a cabled area, but just doesn't want to stay with TW the situation might be a little different.

Graham F · 01-11-2004, 12:38

Quote:

Originally Posted by Mick

Surely if he has moved or is moving - that is a valid enough reason for a 'get out clause' in his contract?

maybe he is moving to an area of london covered by telewest, as Neil says though tough!!

Racingdick · 01-11-2004, 12:56

cant get telewest in his area he has moved to..
im told he didnt actually sign a contract.

Racingdick · 01-11-2004, 12:59

Seems silly from my POV that telewest are in a way saying you cant move unless you have telewest in your new area

Neil · 01-11-2004, 13:27

Quote:

Originally Posted by Racingdick

cant get telewest in his area he has moved to..

Perhaps TW have a clause in their Ts & Cs that will enable him to cancel without penalty if he is moving to an area that TW do not cover? (like ntl do)

Has he actually checked to see if his new (London) address is TW enabled? If so all he has to do is transfer his services.

Quote:

Originally Posted by Racingdick

im told he didnt actually sign a contract.

Not really that relevant, if you check the Ts & Cs they will almost certainly say that by using the service (BB/TV/whatever) that he has agreed to the Ts & Cs.

[Edit]-Looks like he's out of luck if his new place is not TW enabled.....

Quote:

This Agreement will commence on the earlier of the date of signature of this Agreement by both of us, (if appropriate) the date you click the Telewest blueyonder "ACCEPT" button or complete any other acceptance procedure having loaded the Software or the date you start using the Service and continue for the Minimum Period. After the Minimum Period expires this Agreement may be terminated by either of us, giving the other 30 days' prior notice in writing. You must pay all relevant Charges up to the end of that 30 day notice period.

Quote:

If you terminate this Agreement before the end of the Minimum Period other than in the circumstances outlined in paragraph 73 you must pay us immediately the Charges that would otherwise have been payable under this Agreement for the Minimum Period including without limitation the Usage Charges that you would have paid for the remainder of the Minimum Period, based on the average Usage Charge that you are paying when your Agreement ends.

Quote:

Where we are providing a Hi-Speed Internet Service and you move to another address within our serviceable area:

you may request us to provide the Services to your new address on one month's written notice to us.

and where we agree to provide the Services to your new address in order for us to undertake the necessary work to move the Equipment you may have to pay us a transfer of service charge. Details of our transfer of service charge are set out in our Price Guides.

We will try, but shall be under no obligation, to provide you with the Services at your new address if it is within our serviceable area. You will still be liable for the Minimum Period even if Telewest does not provide you with the Services at your new address.

Racingdick · 01-11-2004, 13:34

def no telewest in his area

Neil · 01-11-2004, 13:39

Quote:

Originally Posted by Racingdick

def no telewest in his area

Quote:

Originally Posted by Telewest

We will try, but shall be under no obligation, to provide you with the Services at your new address if it is within our serviceable area.

You will still be liable for the Minimum Period even if Telewest does not provide you with the Services at your new address.

Looks like he's out of luck-even ntl allow you to cancel with no penalty if you move to a non ntl enabled address....

http://www.blueyonder.co.uk/blueyond...ns#paragraph70

ian@huth · 01-11-2004, 13:50

Whilst the T&Cs say that there will be a penalty for cancellation before the end of the minimum period this may not be applied. The only way to check is to ask Telewest what it will cost to cancel.

AFAIK you should be able to cancel telephone service with only a months notice and they cannot make you pay for it to the end of the minimum period.

SMHarman · 01-11-2004, 13:59

Quote:

Originally Posted by Neil

Looks like he's out of luck-even ntl allow you to cancel with no penalty if you move to a non ntl enabled address....

http://www.blueyonder.co.uk/blueyond...ns#paragraph70

Ouch better work on getting down those average usage charges...

72. If you terminate this Agreement before the end of the Minimum Period other than in the circumstances outlined in paragraph 73 you must pay us immediately the Charges that would otherwise have been payable under this Agreement for the Minimum Period including without limitation the Usage Charges that you would have paid for the remainder of the Minimum Period, based on the average Usage Charge that you are paying when your Agreement ends.

scrotnig · 02-11-2004, 18:25

ntl certainly will allow you out of contract if you move to an area they cannot service. They are not obliged to do so, and i don't think it's mentioned in the contract, but current policy is they WILL release without penalty, but only upon receipt of acceptable proof of residency at the non serviceable address.

scrotnig · 02-11-2004, 18:27

Quote:

Originally Posted by Neil

If he took a 12 month contract, he is liable for the remain 10 months, it really is as simple as that.

Contracts are there to protect both parties, people are quick to rant (myself included) when companies don't keep their part of the deal, but they seem to think they are hard done by when they have to pay out as they have broken their side of the contract.

Sorry, but your m8 is liable for those costs (& rightly too IMHO)

[Edit]-It's not that he can't cancel, it's just that there will be a penalty fee involved if/when he decides to do so (I.E TW will kill the connection, & not just leave it running for another 10 months, but they will charge for the months that your m8 agreed to pay them when he signed up)

Spot on!

PS I'm sure your name rings a bell from the distant past......

scott826 · 05-04-2006, 18:55

Hi. Is this still the case. I phoned up saying that I was moving and they told me that I would have to pay for the remaing months even though I would have the service at my new address. Let me know...
cheers.