Moving House, Non-Cable area, Can't Even Have Alternative Non-Cable Service

[Raging_Vampire]

All
Apologies if this is the wrong area to post, but I'm tearing my hair out. I've recently had to move house (landlord wanted to sell out from under us), and unfortunately I discovered that our new street is a non-cable area. I therefore called VM as common sense would say, they can't give you a service, so I'll cancel my contract! I was told that their inability to provide a service was irrelevant and I was still liable for the remainder of the fees. I was offered VM ADSL, which I was then told I couldn't have as I have a Sky-run phone line. My take is two-fold, their inability to provide a service puts them in breach of contract, and even if not, requiring payment in return for no service would be assessed as an unfair contract term and hence unenforceable. After all, a contract is not a tool to demand money with menaces, it is formed between two parties in the expectation of mutual benefit. Does anyone else have any advice they can offer? I've written to "Customer Concern" but don't expect a response for at least a month.

Cheers,

Steve

[zing_deleted]

it is not VMs fault you had to move and it is not VMs fault you have a SKY run telephone line.I think the charges are 10 quid per service per month and I think there is a cap of around £150 to £180 but I am not sure . You could blank it but it wont do your credit rating any good if it goes on a report. I dunno if VM follow such matters up in the small claims either

[BenMcr]

The contract between you and VM is for the address you are at, not at any possible future address, so the breach is not theirs but yours. Also Early Disconnection Fees are quite legal as long as they are not excessive, as most companies subsidise a customer within their minimum term. The VM fee is capped at £180, or less dependent on the services.

[Angua]

Should forward any charges to your former landlord as it seems his actions have caused the problem.

[zing_deleted]

Should forward any charges to your landlord as it seems his actions have caused the problem.

he wouldnt have been able to sell if there was a valid tenancy agreement in place though would he? I assume the tenancy wasnt renewed

[Angua]

he wouldnt have been able to sell if there was a valid tenancy agreement in place though would he? I assume the tenancy wasnt renewed

Could have been a short notice clause in the tenancy agreement which would override any longer term arrangement.

[zing_deleted]

Could have been a short notice clause in the tenancy agreement which would override any longer term arrangement.


and if thats the case the landlord was within his rights to sell so he can not be held responsible. The only way the landlord could be held liable is if he illegally evicted the op and as far as the op was aware his tenancy was set to last at least minimum period with VM

[Angua]

and if thats the case the landlord was within his rights to sell so he can not be held responsible. The only way the landlord could be held liable is if he illegally evicted the op and as far as the op was aware his tenancy was set to last at least minimum period with VM
And in this circumstance the landlord would be the sort who wouldn't pay up anyway.

One has to wonder if the OP had permission to have the VM services from his landlord in the first place :shrug:

[Raging_Vampire]

Thanks for the info, guys. It's not the landlord's fault, our notice to vacate gave us until the short-term agreement expired (3 months), so it was a completely legal, if unwanted, eviction.

As for the "early termination fee", I'm not sure that's what it is, as I haven't just cancelled my contract, they're unable to provide a service, so why should I pay for a service I can't receive? Yes, I know that's not their fault but neither is it mine, I shouldn't have to base my moving decisions on whether I can get VM! I think the contract is irrelevant. Can anyone point me in the direction of a copy of their Ts&Cs, b*ggered if I can find my copy!

[Angua]

Then really you should not have signed up to VM knowing they have a 12 month minimum contract.

One has to wonder though if the new owners take a VM contract this will in effect mean VM will have 2 contracts running at the same time for one supply :shrug:

[Raging_Vampire]

I signed the contract, not knowing I would have to move out in six months. We had expected to be in that property for minimum 2 years, indeed we had explicitly been told we could.

[Chrysalis]

perhaps on the other hand telcos should stop insisting on 12/18 month contracts when the most common length of tenancy is 6 months in this country.

[Tony.]

Thanks for the info, guys. It's not the landlord's fault, our notice to vacate gave us until the short-term agreement expired (3 months), so it was a completely legal, if unwanted, eviction.

As for the "early termination fee", I'm not sure that's what it is, as I haven't just cancelled my contract, they're unable to provide a service, so why should I pay for a service I can't receive? Yes, I know that's not their fault but neither is it mine, I shouldn't have to base my moving decisions on whether I can get VM! I think the contract is irrelevant. Can anyone point me in the direction of a copy of their Ts&Cs, b*ggered if I can find my copy!

You may also cancel a service other than premium television services during its minimum period by giving us 30 days' notice. If you end this agreement before the end of the minimum period for any of the services (other than in the circumstances outlined in section K or paragraph J5), you must immediately pay (to Virgin Media Payments) the balance of the line rental (if this applies) or the monthly charges (or both) that you would have paid for the rest of the minimum period for each separate service (based on the line rental and monthly charges that you are paying when your agreements end). If you cancel any but not all of your services before the end of their minimum period , you must immediately pay (to Virgin Media Payments) the balance of the line rental (if this applies) or the monthly charges (or both) that you would have paid for the rest of the minimum period for those services (based on the line rental and monthly charges that you are paying when you cancel those services ).

http://allyours.virginmedia.com/html/legal/oncable/terms.html

Hope this Helps

[zing_deleted]

Thanks for the info, guys. It's not the landlord's fault, our notice to vacate gave us until the short-term agreement expired (3 months), so it was a completely legal, if unwanted, eviction.

As for the "early termination fee", I'm not sure that's what it is, as I haven't just cancelled my contract, they're unable to provide a service, so why should I pay for a service I can't receive? Yes, I know that's not their fault but neither is it mine, I shouldn't have to base my moving decisions on whether I can get VM! I think the contract is irrelevant. Can anyone point me in the direction of a copy of their Ts&Cs, b*ggered if I can find my copy!

it is your fault as you are moving to a property without cable and with Sky phone line. You could have looked for a property with cable or a BT line. You could always change the phoneline to BT

[Kymmy]

VM isn't responsible for you keeping to your property for the 12 months of the contract and the TOS clearly states thier responsibilities for providing a service if they can and what happens if they can not.

As stated in this thread they do subsidise the install/setup which they recover in the cost of the services.. Remember they are not breaking the contract, but you are breaking the minimum term agreement for services at that property..