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Legal Question about New T&C's?

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Legal Question about New T&C's?

FAO: PlusNet Staff

Hi,

Many thanks for your mail informing me of your new terms and conditions.

I appreciate you telling me "We will assume that you accept these new Terms and Conditions unless you contact us by this date to indicate otherwise".

If you could just clarify for me how the above paragraph relates to the EU Council Directive 93/13/EEC with regards to unfair contract terms?

Many Thanks,
Adam (adamk)
32 REPLIES
Community Veteran
Posts: 5,877
Thanks: 1
Registered: 05-04-2007

Legal Question about New T&C's?

I have voted in your poll. However is there really any point in it? I will be interested to see what PN have to say on this but a poll will not make them answer.
Ben_Brown
Grafter
Posts: 2,839
Registered: 13-06-2007

Legal Question about New T&C's?

Unfortunately we are not able to advise you on legal matters whatsoever.
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Legal Question about New T&C's?

Hi Ben,

I appreciate you taking the time to answer, especially in a thread which is likely to be quite controversial.

Is there any chance of you getting your legal team in to post that it is not in breach of the Directive?

I could say that you had 14 days to say it isn't, otherwise I'll assume it is in breach of the directive. Wink Cheesy
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Legal Question about New T&C's?

For anyone looking for a copy of the directive, it's available in HTML on Google.
Metalguru
Grafter
Posts: 791
Registered: 04-08-2007

Legal Question about New T&C's?

I'm not sure about the EU Directive.

But ADSL Guide advises as follows :-

....... We have not sought a legal opinion on this issue, however on the face of it, this seems unfair from the user's perspective. When a user made a choice to enter into a longer contract with PlusNet, they made this decision based on the various pricing and service terms. Now that the terms of the service have changed, it is not unreasonable for consumers to claim that the service is fundamentally different and is no longer fit for the purpose it was originally sold. If you feel this is the case, we would suggest you contact a Citizen's Advice Bureau and seek further advice on your rights as a consumer.

The full story is on their front (News) page, at the moment just over half way down.

.
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Legal Question about New T&C's?

Which specific part of the directive were you referring to? It seems to me that plusnet are meeting their obligations under the directive in terms of notice etc. I didn't see anything that would make me think they would fall foul of the law. If you can you should edit the poll - the question refers to 93/12/EEC rather than 93/13/EEC and will confuse the googlers out there Wink
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Legal Question about New T&C's?

Quote
For anyone looking for a copy of the directive, it's available in HTML on Google.


Phew! That was some heavy going!
Community Veteran
Posts: 2,322
Registered: 01-08-2007

Legal Question about New T&C's?

sub paragraphs i, j and k make interesting reading.

Also as PN are not willing to give exact figures on what constitutes "unsustainable use" they are in direct contravention of sub-paragrpah (m):

"giving the seller or supplier the right to determine whether the goods or services supplied are in conformity with the contract, or giving him the exclusive right to interpret any term of the contract;"

I'm sure some legal beagle at Trading Standards would love this, its just finding the right person to take it further.

PS - I got my copy here: http://europa.eu.int/smartapi/cgi/sga_doc?smartapi!celexapi!prod!CELEXnumdoc&lg=EN&numdoc=31993L0013...
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Legal Question about New T&C's?

The important part is Article 3 - Part 1.
Ben_Brown
Grafter
Posts: 2,839
Registered: 13-06-2007

Legal Question about New T&C's?

Hello all,

This really isn't the best medium to be raising this to us via, please can the OP raise this as a ticket so we can pass this to the relevant people.

Thanks.
rammie1976
Grafter
Posts: 571
Registered: 02-09-2007

Legal Question about New T&C's?

Where's the "who gives a monkey's" option?

Ya pays your money, you takes ya choices - move on?
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Legal Question about New T&C's?

I think the key phrase here is "significant imbalance in the parties' rights and obligations".

Just one instance of this are the clauses within the T&C which permit them to terminate the service without notice while there is no such comparable right for the customer.
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Legal Question about New T&C's?

Quote
Where's the "who gives a monkey's" option?

Ya pays your money, you takes ya choices - move on?


A very well reasoned and thoughful reply from someone who is barely through the door.
stewarta13wsb
Grafter
Posts: 449
Registered: 01-08-2007

Legal Question about New T&C's?

Quote
Where's the "who gives a monkey's" option?

Ya pays your money, you takes ya choices - move on?


Cheesy Cheesy Cheesy Cheesy Cheesy I'm with you on that one. The forum is so full of crap these days it's hard to find the interesting posts.