Ripped of by NTL?

tian shi

Hi all,
have a question. In October I decided to choose NTL as my ISP. usual one year contract applied.
However, recently I decided to move out to somewhere else. Called NTL and they told me it was fine. called again next day to double check,and they told me that as the people we will be living with already have their own account, I will either have to cancel mine,or they cancel theirs.

Since it is their house,and they are paying a mortgage, I'm obviously not going to ask them to cancel their service.

I am stuck with the crazy cancellation fee, even though I am being forced into it. Even if I asked them to pay instead,they would be the ones with a gun to their heads.

Anyway, I checked their terms and conditions online,as well as the terms of my own contract, and found nothing that says I must pay a cancellation fee if moving into a dwelling that already has their service.

Anyway,through no fault of my own, I have to pay.


Are there any legal means to avoid paying, as this is outside the contract and not by choice?


cheers

dub45

2.6 If you move house, 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
to pay the applicable Charges in relation to the Minimum Period (as defined in paragraph
3) for the Services provided to your old address, even if you move from that address
during the Minimum Period, or we do not provide you with the Services at your new
address, or if your new address is outside our serviceable area. Where we are providing
a Broadband Internet Service and you move to another address within our serviceable
area, you must give us at least thirty (30) days’ notice if you wish us to provide such
Service to your new address. Where we agree to provide the Services to your new
address, you shall pay us the applicable transfer of service charge. Details of our
transfer of service charge are set out in our Price List.

That is the paragraph from the UPC's terms and conditons on moving house.

It would seem based on that paragraph that they are within their rights to insist on a cancellation fee. (although as I have pointed out before the so called price list to which they refer does not exist anywhere.

In general people should be very careful about entering into 12 month contracts.

tian shi

dub45 wrote: »

That is the paragraph from the UPC's terms and conditons on moving house.

It would seem based on that paragraph that they are within their rights to insist on a cancellation fee. (although as I have pointed out before the so called price list to which they refer does not exist anywhere)

If you are in rented accomodation you should be very careful about entering into 12 month contracts.

Thanks for taking the time to respond, but I dont think my issue is resolved in that paragraph. They had one months notice I was moving, and originally told me it was ok(only later that they changed their tune)
I am unsure as to how transfer fee relates to being told I must cancel the service.I should state I did offer to transfer,but they told me "you,or the other account holder will have to pay the cancellation fee or we will start legal proceedings against you for breaking terms and conditions"


I am still seeking a paragraph that says compulsary cancellation fees are at my doorstep. Maybe there is a paragraph that does say "If you move to another building which already has our service, you must pay the full cancellation fee" or something.


EDIT: The paragraph you have found is as close as we can get I think, and does make some sense in a very general way, but legally doesnt cover my situation ie state it outright.

Anyway, cheers buddy its appreciated

dub45

No company is going to cover all scenarios in the terms and conditions and unfortunately you just cannot believe anything in relation to terms and conditions that a csr will tell you over the phone - and that is not just with UPC. Always ask a csr to confirm what they tell you over the phone in an email then you will have a basis for argument. You could always ask UPC to check their recordings of telephone calls if you know the date and time of your call - I think someone else posted on here that they had done that recently.

I presume that UPC will not be sympathetic in your case because they are effectively losing a customer and therefore income. The fact that you are moving somewhere that has a connection already they would probably view as irrelevant to your argument. Unfortunately I think you are on a loser in this case (and believe me I am no fan of UPC to put it mildly:)).

Cabaal

While you've given UPC one month of cancelation notice this doesn't free you for any or all contractual obligations and in this case these obligations are the contract you first signed up to which was 12 months. If you cancel while within this period UPC are fully within their rights to charge you a cancelation fee.

For example they could change this fee if:
- Your just canceling and going to eircom
- Canceling cause your moving to the UK, USA, THE MOON etc
- You case

Now if your moving to say the USA you could also argue its not your choice and perhaps down to economic or employement requirments but that doesn't matter your still breaking the contract.

monkeypants

I used to work for NTL in the UK and we would set up multiple accounts for a single dwelling all the time. If the house was number 24, the second account would be number 24a and treated as a separate address. It can be done. I would view this for the perspective that you're trying to transfer the account and they won't do it, therefore no cancellation fee.

tian shi

Cheers dub,caball,monkeypants. Posts are much appreciated and constructive.

Caball I wouldnt say internet is available on the moon.......unless its wireless


will call them tomorrow monkeypants............cheers

dub45

Judging by the frequency that the 'moving' subject is posted on here you would think that UPC csrs should be able to give the inquirer the correct information over the phone. Come to think of it wouldnt it be good if they had prepared answers for some of the faqs such as the moving scenario and be in a postion to email them to the inquirer straight away to confirm the information given over the phone? This would be in their own interest as much as the customer's.

Also it is surely ironic to hear UPC enforcing T&C's when they regularly do not comply with their own. For example the price list which they refer to in the clause on moving house does not exist anywhere on their site. (Unless they have decided to put it in place over the past few weeks) I have asked them there where it can be found on several occasions.

Also they drove a coach and four through their own terms and conditions in their failure to notify customers properly of their last price increase.