NTL Forcing me to stay with them for 13months

muarrif · 22-12-2005, 07:54

I have been NTL customer for 11 months now. I took out the 3 in 1 package in January 2005 which includes Phone, Broadband & NTL TV. I have experienced nothing but trouble with the service, especially the NTL TV. I have called the customer service numerous amounts of time and also had the box replaced three times in the last 11 months. Their customer service is terrible as they are not available after 8pm (that's normally when people get home from work and want to watch the television).

However the reason for this forum is to get some advice on the following:

My 12 months contract is due to expire on 25th of January 2006 and because I am very unsatisfied with NTL I wish to cancel my cable TV subscription with them and they require a 30 day notice. I called NTL customer services on the 19th of January to give them the notice but I was advised that I can not give the notice of cancellation before my contract ends i.e. forcing me to stay with NTL for an extra month.

So in reality they have extended my contract to 13months!

Is this legal?

Spyda · 22-12-2005, 08:23

Just tell them you're moving house. (To an area they don't service) Then they'll have to pull out of the contract as they can't supply you with the services.

etccarmageddon · 22-12-2005, 08:28

send them a letter by signed for mail indicating that you are giving them a months notice and do the same by email.

Neil · 22-12-2005, 09:12

Quote:

Originally Posted by Spyda

Just tell them you're moving house. (To an area they don't service) Then they'll have to pull out of the contract as they can't supply you with the services.

There's no need to start telling lies.

The service that the OP signed up for was a 12 month contract, so all he/she needs to complete is that 12 months.

At the end of month 11, customers can give (1 month's) notice to leave, thus only completing a 12 month stint with ntl.

Although having said that the ntl terms say the following....

Quote:

Originally Posted by ntl

3. Duration

3.1 Our Services are subject to a minimum Initial Term starting on the date we activate the Services. You can only terminate this Agreement during the Initial Term if conditions 19.4 or 20.1 apply, otherwise we may charge you a cancellation charge which will be the charges which would have been payable to the end of the Initial Term. During the Initial Term, you may downgrade all or any of your Services to the entry level or starter package for the relevant Services by giving us one month's written notice.

3.2 After the minimum period, either you or we may terminate this Agreement and/or any of the Services covered by this Agreement on one month's written notice.

So they are saying that you can only give notice after the minimum period (I.E after 12 months), which doesn't make sense to me as everyone else that offers 12 month contracts (EG mobile phone providers) will aloow you to cancel at the end of month 11 by giving 1 month's notice so that you still complete the 12 months that you agreed to/signed up for.

http://www.home.ntl.com/page/termsresidential

22-12-2005, 09:15

But if the contract expires on 25th January, the OP is not yet within 30 days?

Neil · 22-12-2005, 10:24

Quote:

Originally Posted by muarrif

I have been NTL customer for 11 months now. I took out the 3 in 1 package in January 2005 which includes Phone, Broadband & NTL TV.

If the installation date was (for example) the 15th of January 2005, then you are contracted up until midnight on the 14th of January 2006.

You should be able to give ntl 1 month's notice on 14/12/05.

andygrif · 22-12-2005, 10:39

Quote:

Originally Posted by Neil

So they are saying that you can only give notice after the minimum period (I.E after 12 months), which doesn't make sense to me as everyone else that offers 12 month contracts (EG mobile phone providers) will aloow you to cancel at the end of month 11 by giving 1 month's notice so that you still complete the 12 months that you agreed to/signed up for.

I think the wording is a little ambiguous on that clause, although they appear to be taking it to mean that you can only give notice after the twelve month term.

It could equally be understood from the wording that either the customer or ntl can terminate the agreement after the minimum term (i.e the actual cutting off of services happens at the end of the 365th day) by giving one month's notice (i.e you give the notice in advance of the termination).

If they insist on the former understanding, then I would point out to them that the contract had been mis-sold (as he was told that he had a twelve month agreement, not a thirteen month agreement) therefore the contract was void and demand immidate disconnection - unless they honour the terms of the original agreement, i.e. twelve months - of which you are now giving one month's notice.

Follow that call up in writing, saying the same thing, send it Recorded Delivery (as these things seem to "mysteriously" have a habit of going missing) and leave the call to action in their court by putting something like "the termination date for my services will be 25th January 2006 unless I hear otherwise in writing from you within seven days of reciept of this letter". This then, should it ever come to it, covers your rear-end and puts them in the wrong, unless they write to you, telling you otherwise.

The other, and perhaps simpler, option is to invoke the clause in your contract that covers the cancellation of a conract when a price change happens. This is happening on January 1st 2006, so you could have given your 30 days notice to quit anytime from 1st December onwards.

22-12-2005, 13:19

Quote:

Originally Posted by Neil

If the installation date was (for example) the 15th of January 2005, then you are contracted up until midnight on the 14th of January 2006.

You should be able to give ntl 1 month's notice on 14/12/05.

Agreed, but the original post states the contract expires on 25th January!

handyman · 22-12-2005, 15:04

There was a lot of trouble caused when moibile phone companies tried this same thing. I think there was either a ruling made or it became common practice not too as it does not happen anymore.

Aragorn · 22-12-2005, 15:16

As far as I know, there is no reason you can't give (slightly) more than a months notice - no one will be working in accounts on 25/12! As Andygrif says, send them a recorded letter now and make sure the action is on them if they disagree.

**Rob** · 22-12-2005, 16:33

I am not aware of any legal requirement to only give a specific number of days notice - no more, no less. That would be unreasonable. A minimm perido of notice, yes that's fine, but if you want to give more warning of something happening in the furuter that's got to be OK.

Thus just give ntl notice now, that you wil be terminating at the end of your 12 month period. If they don't want to accept it, that's ntl's problem, not yours, just follow your phoned notice up in writing (snail mail recorded) so they can't deny having it.

muarrif · 26-12-2005, 23:29

Thank you all you guys

I have written to NTL for cancellation and also a letter of complaint.
I have copied Trading standards agency and also Ofcom.

Lets see what happens.

Thanks once again

beardsley · 27-12-2005, 01:01

Also do not forget to cancel your direct debt (if you have one).

muarrif · 29-12-2005, 23:58

I won't be able to cancel the Direct Debit as it is for all three services. I only want to cancel cable TV

Spyda · 30-12-2005, 00:04

Remember under the direct debit gaurentee they have to give you a certain number of days notice, (ie a bill), before requeseting the funds from your account. If that's not the amount you're expecting yo uhave the right to refuse the payment...