PDA

View Full Version : NTL not expecting more claims


Mike Flynn
24th June 2002, 06:19
from Sunday Business Post

By Gavin Daly
Dublin, Ireland, 23 June, 2002

Cable television provider NTL has played down concerns it could be exposed to costly litigation from its 370,000 Irish subscribers after a customer won a case against the firm in the Small Claims Court.

Dubliner David Campbell successfully sued NTL for dropping the National Geographic channel from its service.

The court accepted that NTL had broken its contract with Campbell, and awarded him the price of his subscription plus the cost of making the claim. NTL spokesperson Sandra Eaton denied the case could pave the way for claimants who were unhappy with the dropping of the Eurosport and TV5 channels in recent months.

She said there was a "unique feature" to Campbell's case that other possible claimants would not enjoy, but said she could not discuss the case in detail under the terms of the Data Protection Act.

Campbell, who was a customer of Cablelink before it was acquired by NTL, could not be contacted for comment on Friday.

However in a letter to the media, Campbell exhorted other dissatisfied NTL customers to sue the company.

A deluge of claims would be financially damaging for NTL, which has struggled to restructure its debt recently.

Eaton said she did not expect additional claims: "I can confidently state that the case will not open us up to a raft of similar claims."

She said the terms and conditions of every NTL contract gave the firm the authority to change the channel line-up with the exception of certain "must-carry" channels.

However, she confirmed that the company had received written and verbal complaints from customers about the dropping of Eurosport and TV5.

"Some people were greatly annoyed, particularly at the decision to drop Eurosport," she said. She admitted there had been a lack of consultation with customers, but said Eurosport was a "niche channel that was important to certain people".

"We only change our channels on the basis of ongoing market research and we are very mindful of what people are interested in." Eaton said she was not aware of any customers that had cancelled their subscription to NTL because of dissatisfaction with the service.

Guest
24th June 2002, 18:20
And theres a letter from Fridays irish times from the man in question. He dont seem to think theres a 'unique feature' to his case.

I could go back as far as when they took off Sky 1 and Sky News years ago!


NTL'S CABLE TV SERVICE

Sir, - If Louis Owens is unhappy about Eurosport being dropped by NTL (June 17th), he might consider suing NTL, as I did.

I was unhappy about the disappearance of National Geographic Channel from NTL's basic cable TV package last year. I therefore made a claim, which was recently settled in full in my favour with the help of the Small Claims Court, for the return of my NTL subscription plus the cost of making the claim.

My claim was that I had paid my subscription in advance for the basic cable TV package, thus forming a contract for the supply of the service, and that NTL had unilaterally broken the contract by substituting another channel for National Geographic. I also argued that National Geographic channel had been part of the basic cable TV package since before NTL took over Cablelink and there was an implied contract that this service should continue.

If all NTL customers who are unhappy about the disappearance of National Geographic, or Eurosport, or TV5 were to sue NTL, the company might decide to give us back what we want instead of what it suits them to give us. - Yours, etc.,

DAVID CAMPBELL,

Springhill Park,

Killiney,

Co Dublin.

Brian O'D
25th June 2002, 19:58
Or I could get them for losing Radio 5 not so long ago. I was so distressed, let me tell you. I've never recovered!

Anybody any idea what the 'unique' feature is?