In reply to:
That's a change in the contract, agreed, and you can use it to terminate the agreement.
Good
In reply to:
If all the contract says is that they will provide you with a broadand connection of up to 8Mbps, you're stuffed... LLU or no LLU.
Too bad for them...... Contract for customers prior to being tiscali'ed thats not what it says.
A change no matter how you want to argue it has occured......
In a court id argue the service has changed and that change is detriment to me.
Oh and as for the LLU or not LLU..... and that making a difference.
That can be argued also as if they LLU you without permission it can be more difficult to leave to what the original contract (IE regarding mac codes) says. SOME providers will not take a LLU mac and allow you to join.
Also SOME TIMES if you wish to move to a new provider another detriment has occured as suddenly you may have to pay a connection charge to get back on a service which is NOT LLU.
The Pipex terms clearly state with regards to MACs and requesting them that it will allow you to move to another provider.... That in SOME CASES once they LLU you is NOT true....... or if you want...... DETRIMENTAL.
Whatever way you argue it, legally speaking if you want out you can get out....
No court in the land on soooooooooo many points i cant be bothered to re-type here would say no and that the customer is in the wrong, no matter what Pipex/Tiscali and there dribble they call terms state.
Technically even though im no longer a customer of theirs i could still drag their ass of to court cos when i was with them they also failed to refund me money owned in the time period it states in their contract.
They also took money when i was no longer under contract (That can be argued they committed not only a civil offence but a criminal offence AKA Fraud which if i wanted i have the right to report them to the police for and also write to the CPS and demand charges are pressed against them).
I could go on....... but one word sums them up........ SCUM
Dont even try and say legally let alone morally this shambolic shower is in the right.
Edited by deleted (Sun 17-Feb-08 22:48:20)