ITV Digital Boxes
Dave
a lawyer.
On discussing this whole situation with him last night, he was in total
agreement with me and most of the other members of this group that we should
just ignore the letters, if any, that we get regarding the return of the
boxes.
In his view he says that ITV Digital broke their contract to the customer
and as soon as the service was taken off the air, this contract and all it's
contents were void. Also, we can turn round and charge them a storage fee
for the 'equipment' we have been keeping so well preserved! :-)
So it looks like the two finger salute to Malcom Shierson and all his other
cronnies!!!!!!!
DaveL
Lee@DVDDebate
> Luckily enough for me (in more ways than one), I have a father-in-law who is
> a lawyer.
> In his view he says that ITV Digital broke their contract to the customer
> and as soon as the service was taken off the air, this contract and all it's
> contents were void. Also, we can turn round and charge them a storage fee
> for the 'equipment' we have been keeping so well preserved! :-)
>
situation to him. You have signed *two* contracts - one for the box, the
other for the provision of programming. Breaking one contract does not,
and cannot, affect the legal status of the other. Your contract for the
box is still legally binding.
Tell him that and see if he still agrees.
Lee.
--
Editor, DVD Debate
http://www.dvddebate.com
lee at dvddebate dot com
Is the owner of Hotpoint a fridge magnate?
Stuart
"Lee@DVDDebate" <l...@nospaamdvddebate.com> wrote in message
news:103969485...@despina.uk.clara.net...
> Dave wrote:
> > Luckily enough for me (in more ways than one), I have a father-in-law
who is
> > a lawyer.
> > ...
> > In his view he says that ITV Digital broke their contract to the
customer
> > and as soon as the service was taken off the air, this contract and all
it's
> > contents were void. Also, we can turn round and charge them a storage
fee
> > for the 'equipment' we have been keeping so well preserved! :-)
> >
> He's either not a very good lawyer or you haven't fully explained the
> situation to him. You have signed *two* contracts - one for the box, the
> other for the provision of programming. Breaking one contract does not,
> and cannot, affect the legal status of the other. Your contract for the
> box is still legally binding.
Have you noticed around lawyers lose around 50% of their court cases :-)
Stuart
Julie Brandon
>He's either not a very good lawyer or you haven't fully explained the
>situation to him. You have signed *two* contracts - one for the box, the
>other for the provision of programming. Breaking one contract does not,
I know how it was worded (I read the thing before signing), however unless I
hear differently from someone qualified in law; one signature, one contract,
surely.
--
Julie Brandon http://www.computergeeks.co.uk/ [temporarily down]
______________________________________________________________________________
DILBERT - Season 2 (not the ones on the DVD/Videos)
Late night daily slot on Sky 1 from 13th December 2002
s n u f f y
news:103969485...@despina.uk.clara.net...
> > Luckily enough for me (in more ways than one), I have a father-in-law
who is
> > a lawyer.
> > ...
> > In his view he says that ITV Digital broke their contract to the
customer
> > and as soon as the service was taken off the air, this contract and all
it's
> > contents were void. Also, we can turn round and charge them a storage
fee
> > for the 'equipment' we have been keeping so well preserved! :-)
> >
> He's either not a very good lawyer or you haven't fully explained the
> situation to him. You have signed *two* contracts - one for the box, the
> other for the provision of programming. Breaking one contract does not,
> and cannot, affect the legal status of the other. Your contract for the
> box is still legally binding.
i never signed a contract :)
Sponix
nos...@honeypot.computergeeks.me.uk.invalid (Julie Brandon) wrote:
>I know how it was worded (I read the thing before signing), however unless I
>hear differently from someone qualified in law; one signature, one contract,
>surely.
Not if the document you sign states that there are two contracts in
force!
devolution
I got my box off of QXL in 2000 - it was the prepaid for a year one. It was
about £40 back then.
There were some forms inside, but I *never* signed anything. Only phoned
them up and chose the channels, and then they set up the direct debit.
I've heard of other people in the group getting theirs of QXL too - wonder
if they signed anything either?
"Sponix" <x...@freeserve.com> wrote in message
news:3df89827....@News.CIS.DFN.DE...
Dr Zoidberg
> For two contracts, you would need two signatures.
>
> I got my box off of QXL in 2000 - it was the prepaid for a year one.
> It was about £40 back then.
> There were some forms inside, but I *never* signed anything. Only
> phoned them up and chose the channels, and then they set up the
> direct debit.
>
> I've heard of other people in the group getting theirs of QXL too -
> wonder if they signed anything either?
>
myself (3).
Nobody was ever asked to sign anything or return any of the boxes at the end
of the 12 month periods.
My last box I activated only got three months service before the end but for
31 quid I wasn't too distressed , especially as I had Ebayed the Monkey for
90 quid.
--
Alex
"I laugh in the face of danger"
"Then I hide until it goes away"
Brian McIlwrath
:>
: I had several prepaid boxes from QXL for friends and family as well as
: myself (3).
: Nobody was ever asked to sign anything or return any of the boxes at the end
: of the 12 month periods.
This isn't wholly true! The QXL "conditions of sale" made CRYSTAL clear that
the STBs were being offered under special conditions - and even had a link
to a Web Page describing the loan agreement in detail. I expect that any
court would accept this as being a valid sale subject to the loan agreement.
Also, while I did not register my QXL STB for 6 months - and saw no sign that
they knew I had it, *IF* anyone did register for the "6 channels for 12
months" part of the deal they most certainly wanted it back after that.
spam welcome loads of it
>to a Web Page describing the loan agreement in detail.
Total rubbish. What about those without 'net access? You
really saying an unsigned contracts condition of sale is that
a person reads a web page?
Dave
And remember... Every time you masturbate that God kills a kitten....
Stevie Boy
> Have you noticed around lawyers lose around 50% of their court cases :-)
>
> Stuart
>
>
lawyer is or indeed has to be in this case. All he needs is a copy of the
contract to read which surely still have??
Steve
Experi Mentor
news:ata66i$a8a$1...@helle.btinternet.com...
>
> I got my box off of QXL in 2000 - it was the prepaid for a year one. It
was
> about £40 back then.
> There were some forms inside, but I *never* signed anything. Only phoned
> them up and chose the channels, and then they set up the direct debit.
>
> I've heard of other people in the group getting theirs of QXL too - wonder
> if they signed anything either?
I got mine from QXL for £30 for a year's pre-pay. Gave them a false name but
correct address when I phoned, and they never took Direct Debit details as I
didn't ask for any extra channels. Received their magazine for a year. At
the end of the year, the magazine stopped, but the TV service continued.
They phoned once and asked my wife to subscribe or return the box - luckily,
she had no idea what a Digital Terrestrial box was and denied that we had
one! Never heard from them again.
Later, I got a gold card & programmer, which was excellent! Let's just say
I'm not impressed with Freeview compared with the previous "free viewing".
And I hate football - so I'm doubly p***ed off that it was their over-priced
football contract that made them go belly up!
EM
Rob S
<experi...@bigfoot.con>" created these pearls of wisdom:
Yes, but this is truly "Freeview", not "Stealview"
>
>EM
>
--
Rob Sargant
http://www.sargant.com/
Dan Sylveste
"devolution" <cheek...@NOSPAMhotmail.com> wrote in message
news:ata66i$a8a$1...@helle.btinternet.com...
>
> I got my box off of QXL in 2000 - it was the prepaid for a year one. It
was
> about £40 back then.
> There were some forms inside, but I *never* signed anything. Only phoned
> them up and chose the channels, and then they set up the direct debit.
>
> I've heard of other people in the group getting theirs of QXL too - wonder
> if they signed anything either?
I didn't get my box from QXL, but I too never signed the forms that came
with the box. I just followed the instructions in the installation guide,
which told me to phone up ITV Digital to get the box activated. I don't
remember seeing anywhere in the literature anything about filling out the
forms, and didn't think that I had to, since it had all been sorted out over
the phone.
I suppose the question really is this. Is a phone call classed as a legally
binding contract?. I don't remember if the guy on the phone read out any
terms and conditions to me and then asked me verbally if I agreed with them.
But assuming that he did, and I verbally agreed to those conditions, would
that be
classed as a legally binding contract?.
Since I now have Sky, my old ITV Digital box is now waiting for the
liquidators to ask for it back. So as far as I'm concerned their welcome to
it!, as ITV Digital's "property" has been cluttering up my loft since June!.
QrizB
<d...@NOSPAM.com> wrote:
>I suppose the question really is this. Is a phone call classed as a
>legally binding contract?.
IANAL. However, AIUI an agreement made during a phone call (or a
face-to-face conversation) is just as valid a contract as one written
in quadruplicate and signed in human blood.
The only problemn is proving it without some form of recording ...
--
QrizB
I sound like I know what I'm talking about, but don't
be fooled.
Derek
news:1e8K9.2450$k62.2...@newsfep2-win.server.ntli.net...
> Later, I got a gold card & programmer, which was excellent! Let's just
say
> I'm not impressed with Freeview compared with the previous "free
viewing".
> And I hate football - so I'm doubly p***ed off that it was their
over-priced
> football contract that made them go belly up!
It wasn't the football contract that made them go belly up, it was thanks
to all the those thieves who used gold cards to receive the service
without paying for it...
Football was just when the chickens came home to roost.
Derek
Roderick Stewart
> It wasn't the football contract that made them go belly up, it was thanks
> to all the those thieves who used gold cards to receive the service
> without paying for it...
Oh dear! Not this nonsense again! Do you really think that -
1. If the encryption had been stronger so that it wasn't possible to see
the programmes without paying, all those people that had unnoficial cards
would have paid, and
2. There were enough of them to have made a difference?
The argument here is just the same as the one the record industry has been
bleating pathetically for the last few decades - "Every copied recording
represents a lost sale" - when there is no evidence to say it's true, and
everybody knows at least one instance where it isn't.
Rod.
Martin Imber
>>bleating pathetically for the last few decades - "Every copied recording
>>represents a lost sale"
If you can't afford you copy, if you can't copy you don't bother
Experi Mentor
"Derek" <ne...@no-spamming-idreams.co.uk> wrote in message
news:3df9cf32$1...@mk-nntp-2.news.uk.tiscali.com...
> > And I hate football - so I'm doubly p***ed off that it was their
> over-priced
> > football contract that made them go belly up!
>
> It wasn't the football contract that made them go belly up, it was thanks
> to all the those thieves who used gold cards to receive the service
> without paying for it...
>
football rights that destroyed them. They were paying something like £20,000
per viewer per match - more than enough to have the few people who wanted it
collected in a limo and entertained in a private box.
My watching a couple of filmes for free pales into insignificance alongside
this gross incompetence on their contract-negotiator's part.
EM
Experi Mentor
"Roderick Stewart" <spam...@abuse.plus.com> wrote in message
news:VA.0000023...@abuse.plus.com...
> In article <3df9cf32$1...@mk-nntp-2.news.uk.tiscali.com>, Derek wrote:
> > It wasn't the football contract that made them go belly up, it was
thanks
> > to all the those thieves who used gold cards to receive the service
> > without paying for it...
>
> Oh dear! Not this nonsense again! Do you really think that -
>
> 1. If the encryption had been stronger so that it wasn't possible to see
> the programmes without paying, all those people that had unnoficial cards
> would have paid, and
>
> 2. There were enough of them to have made a difference?
>
don't pay for Sky. Sky have a few channels that I would be willing to pay a
few pounds for, but they won't make them available unless I pay £30-£40 per
month for hundreds of channels I will never watch.
It was my local video shop who lost out from my using a gold card to watch
an occasional PPV movie.
EM
Dr Zoidberg
> Dr Zoidberg <AlexNOOOOOO!!!!!@drzoidberg.co.uk> wrote:
>>>
>> I had several prepaid boxes from QXL for friends and family as well
>> as myself (3).
>> Nobody was ever asked to sign anything or return any of the boxes at
>> the end of the 12 month periods.
>
> This isn't wholly true! The QXL "conditions of sale" made CRYSTAL
> clear that the STBs were being offered under special conditions - and
> even had a link to a Web Page describing the loan agreement in
> detail.
All of that may be true , but you aren't seeing what I wrote above.
I obtained these boxes for friends and family , and none of them were at any
time asked to sign anything.
Neither were they ever asked to return the boxes.
>
> Also, while I did not register my QXL STB for 6 months - and saw no
> sign that they knew I had it, *IF* anyone did register for the "6
> channels for 12 months" part of the deal they most certainly wanted
> it back after that.
I agree that they said they would want them back , but in practice they
never asked for them or made any other attempt to reclaim them over the past
18 months.
Dr Zoidberg
> On Sat, 14 Dec 2002 13:31:42 -0000, "Dr Zoidberg"
> <AlexNOOOOOO!!!!!@Drzoidberg.co.uk> wrote:
>
>> Brian McIlwrath wrote:
>>> Dr Zoidberg <AlexNOOOOOO!!!!!@drzoidberg.co.uk> wrote:
>>>>>
>>>> I had several prepaid boxes from QXL for friends and family as
>>>> well as myself (3). Nobody was ever asked to sign anything or
>>>> return any of the boxes at the end of the 12 month periods.
>>>
>>> were being offered under special conditions - and even had a
>>> link to a Web Page describing the loan agreement in detail.
>>
>> All of that may be true , but you aren't seeing what I wrote above.
>> I obtained these boxes for friends and family , and none of them
>> were at any time asked to sign anything.
>
> liable for returning your friends and family's boxes too?
Not so. You were always allowed to purchase prepaid boxes as gifts and the
responsibility to return it then transferred to the registered subscriber.
I remember that much from when I used to sell the damn things.
AD C
Dave wrote:
> Luckily enough for me (in more ways than one), I have a father-in-law who is
> a lawyer.
Please tell me who he is, then if |i need one, I can go elsewhere,
because your father in law do not seem to be a very good one.