UPC - cancellation without liability for extra charges?

StickyMcGinty

Hi folks,

I'm looking to cancel my UPC tv service due to the recent price increases making Sky too hard to resist.

Now I am tied into a 12 month contract with them, but I've seen on another thread that your not liable for a contract cancellation fee if they change the initial agreement that you signed up to.

What i'm asking is for a few opinions on whether or not a price increase constitutes a material change in the terms and conditions as per 12.(i) in this paragraph from the UPC terms and conditions:

UPC Terms and Conditions wrote:

12. Cancellation Rights
You may cancel the Services at any time, and the minimum period obligations contained
in Paragraph 3 will not apply, in the following circumstances:
(i) if we materially change the Terms and Conditions as per Section 16 you may
terminate this Agreement in accordance with that section;
(ii) if we increase your Charges for the Services by more than fifteen (15) percent in any
twelve (12) month period, you may terminate your use of such Services by notifying us
within 30 days of such increase. During that notice period the increased Charges will
not apply to you;
(iii) if we significantly reduce the content of the Services you may terminate this
Agreement by giving us one month’s notice within 30 days of such change.

http://www.upc.ie/pdf/UPCTermsAndConditions.pdf

I've also heard somewhere that its a statutory right to be able to exit a contract without penalty if there is a price increase.

Of course, if I cant find a reason for cancellation that satisfies one of the clauses above then I'll just have to stump up any fees they charge me, but i'd like to avoid giving them another cent if possible.

Thanks in advance

seagull

I think the price increase is addressed in 12(ii) where it specifically mentions a price increase of 15% or more.

StickyMcGinty

seagull wrote: »

I think the price increase is addressed in 12(ii) where it specifically mentions a price increase of 15% or more.

thanks for your reply.

Yea i have a feeling i'm not covered by any of the clauses addressed in the T&C (unless a price increase constitutes a material change in the T&C), but do i have any statutory rights regarding price increases in contracts?

julius128

You should have recieved a notification for price change in January Bill, and is mention that if you are not happy with price change you need to let them know whitin a Month, So i believe you have a month to cancel without any charge...

foggy_lad

StickyMcGinty wrote: »

thanks for your reply.

Yea i have a feeling i'm not covered by any of the clauses addressed in the T&C (unless a price increase constitutes a material change in the T&C), but do i have any statutory rights regarding price increases in contracts?

if they raise the original contract price by more than 15% in one or more increases you have to be allowed cancel without penalty. you must give written notice to them within 30days of increases reaching tha 15% level.

StickyMcGinty

julius128 wrote: »

You should have recieved a notification for price change in January Bill, and is mention that if you are not happy with price change you need to let them know whitin a Month, So i believe you have a month to cancel without any charge...

this is what i was hoping for aswell, i'll get on to them anyway and see what the story is