Breaking Contract

darthlinux · 18-04-2008, 11:07

As I have read on this Forum and other ones that people are saying that you can leave Virgin Media after the 1st June price increase but I understand that Virgin Media have to increase there prices by 10% before they breach the contract

So can customer get out of the contract due to price increase?

zinglebarb · 18-04-2008, 11:16

Quote:

If:

we and/or Virgin Media Payments increase our charges under this agreement;
we make significant changes to the services so the services you are entitled to receive in return for the charges you pay are significantly altered or reduced; or
we and/or Virgin Media Payments make significant changes to the terms and conditions of this agreement (including the other legal stuff),

you may cancel those services affected without penalty by giving us at least 30 days' notice in writing. If you cancel any services in these circumstances, the increased charges will not apply to those services during the 30 day notice period and paragraph J2 will not apply if you cancel before the end of the minimum period. If you do not give us notice of cancellation within 30 days of any increase in charges or changes to the services or this agreement being notified to you or, if later, receipt of your first bill following such increase in charges, we and Virgin Media Payments will assume that you have accepted the increase in charges and the changes to the services and this agreement and you will no longer be able to cancel your services under this paragraph.

lostandconfused · 18-04-2008, 11:35

As i read that, to me it says any price increase is reason to break minimum term without termination fees.

However I would think that price increases in line with inflation would be considered reasonable, but maybe someone with a legal background can clarify?

zinglebarb · 18-04-2008, 11:36

I do not see any exceptions in the T&C so without an exception they can not enforce any

lostandconfused · 18-04-2008, 11:37

Quote:

Originally Posted by zinglebarb

I do not see any exceptions in the T&C so without an exception they can not enforce any

But as has been said on here before (when it benefits the customer) that t&c's dont really mean anything, as its unenforcable if its deemed as unfair. so surely that works both ways?

zinglebarb · 18-04-2008, 11:44

well its the contract isnt it? so when a contract says something that is that . If VM argue you say tough take me to court I got a contract and im leaving within the terms. There is nothing they can do surely

danielf · 18-04-2008, 11:51

Quote:

Originally Posted by zinglebarb

I do not see any exceptions in the T&C so without an exception they can not enforce any

Quote:

we make significant changes to the services

They could argue that a small price increase (in line with or below inflation) is not significant. I'm not saying they would (or should) get away with it though.

zinglebarb · 18-04-2008, 11:52

but that is under a totally different clause. The terms I posted missed out A B C J3 is where to look.The only people VM could coerce here are those that bottle it when VM fill em full of poop. Services refer to services not charges thats pretty plain. Anyone could argue with me till they are blue in the face they would not beat me

danielf · 18-04-2008, 12:02

Sorry, my bad. Reading too quickly. Clause a. leaves them absolutely no room. If they increase the charges you are free to leave.

flashpaul · 18-04-2008, 12:33

I can confirm you can break your contract due to the price rises

VM will try to fob you off but if you quote the relevant t&c's then they will eventually give in

I havent decided yet if I hate Phorm/STM enough to jump ship

zinglebarb · 18-04-2008, 12:38

Quote:

Originally Posted by danielf

Sorry, my bad. Reading too quickly. Clause a. leaves them absolutely no room. If they increase the charges you are free to leave.

not it was my fault for the incomplete quote

BenMcr · 18-04-2008, 12:43

Remember you only have 30 days from the date you were informed to cancel otherwise you are deemed to have accepted the changes

zinglebarb · 18-04-2008, 12:43

Quote:

Originally Posted by flashpaul

I can confirm you can break your contract due to the price rises

VM will try to fob you off but if you quote the relevant t&c's then they will eventually give in

I havent decided yet if I hate Phorm/STM enough to jump ship

If you look at the 3rd point to J does the first bill after constitute the first bill with the increase (as for some this will be the first they hear of it) or the bill after that? Me for example had a letter at the start of the week and my billing date is the 1st do I still get 30 days or do I need to cancel before my billing date?

BenMcr · 18-04-2008, 12:53

I think you have up to the 1st June

zinglebarb · 18-04-2008, 12:57

Thing is though im on a loyalty contract jobbie and I only will want to cancel if they screw up my dsicounts. I do not mind paying the extra 3 quid if needed I am not gonna sign up for online billing as thats just something else for them to screw up lol but if I lose my discounts im off. Will it mess up my loyalty bonuses or will the discounts remain the same and my 52 quid bill just go upto 55.I have very little faith in VM making anything go smoothly lol