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Peter33
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Can virgin use bully tactics to con people out of money they do not owe

so virgin internet would not work , surprise surprise, so I cancelled my subsribtion I believe this is my right the legislation "not fit for purpose" . I sent the images of my broadband test results showing no service or 0.24 mbs for the past year they sent a bill for £264 , this I was told was £64 fees still owing £100 cancellations and another£100 cancellation, I sent my bank statement shows overpaid for three months after I cancelled they sent a bill for £264 , I did not pay they told me this had to go to arbitration before I can report it to the ombudsman . They are now using bully tactics ringing my wife in hospital and a dodgy collection agency to intimidate and threaten to get me to pay up , I think

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vircom
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Re: Can virgin use bully tactics to con people out of money they do not owe

Speak to Citizens Advice. They will give you a more accurate opinion and may help with writing another letter if appropriate.
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Superuser
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Re: Can virgin use bully tactics to con people out of money they do not owe

going to the Citizens Advice would be a good start since i think virginmedia are just following the terms and conditions to the letter if you cancel still under contract there is a early disconnection fee -> http://www.virginmedia.com/shop/the-legal-stuff/terms-and-conditions-for-fibre-optic-services/early-..., if you change/add/remove a package this can trigger a contract renewal..

virginmedia might argue all broadband speeds are upto, but should be getting better then 0.24mbps did you call and advise virginmedia of this, since if you didn't would be hard case to argue against if it went to court aka small claims court.

you can view virginmedia complaint process via -> http://store.virginmedia.com/content/dam/eSales/Downloads/Consumer%20Complaint%20Code%20of%20Practic...
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vircom
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Re: Can virgin use bully tactics to con people out of money they do not owe

I think that you would have to show that you had given Virgin a reasonable time to fix any problem from the time it was reported.
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HughJarsse
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Re: Can virgin use bully tactics to con people out of money they do not owe


vircom wrote:
I think that you would have to show that you had given Virgin a reasonable time to fix any problem from the time it was reported.

Hmmm, would you say that 2 years and 3 months, (and add another 4 months for the 'review' still pending) would count as 'reasonable time'???

would a copy of my post originally dated Jan 2015, and all the 11 pages of replies since then stand up as evidence I wonder??

Surely any reasonable person would look at the time I have 'waited' for VM to 'fix' the problem is well outside 'reasonable' I would think...

 

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vircom
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Re: Can virgin use bully tactics to con people out of money they do not owe

I don't think VM would accept this forum as official notification of a fault/complaint. You would have needed to follow the published fault reporting procedure which I think gives phone, web chat or postal address as available options. This is a community forum for customers to support each other with additional help usually (but not guaranteed) from the VM forum team.

Similarly I don't think the fact that VM have declared a fault in your area would necessarily count if you have not submitted a formal complaint yourself for them to investigate. The very slow speed you are getting could be due to something in your equipment?

I obviously don't know your full circumstances and freely admit that I am not an expert in contract law, so again would recommend talking things over with Citizen Advice before embarking down any potential expensive legal route.
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Superuser
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Message 7 of 17
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Re: Can virgin use bully tactics to con people out of money they do not owe


Peter33 wrote:

so virgin internet would not work , surprise surprise, so I cancelled my subsribtion I believe this is my right the legislation "not fit for purpose" .

What legislation? Sounds like you are referring to the original "sale of goods" act , which was superseded by the Consumer Rights Act of 2015. Neither applies to services.

I sent the images of my broadband test results showing no service or 0.24 mbs for the past year they sent a bill for £264 , this I was told was £64 fees still owing £100 cancellations and another£100 cancellation, I sent my bank statement shows overpaid for three months after I cancelled they sent a bill for £264 , I did not pay they told me this had to go to arbitration before I can report it to the ombudsman . They are now using bully tactics ringing my wife in hospital and a dodgy collection agency to intimidate and threaten to get me to pay up , I think


It sounds like you didn't follow procedure to cancel correctly. If you cancelled still in contract you would be liable for EDF's (Early Disconnection Fees) if you have not gone through arbitration, cancelled after a notified price rise, or agreed waiver of EDF's with VM.

If that's the case, you need to start engagement with them now, get a breakdown of the charges they claim you owe, a breakdown of payments you made, and some decent legal advice.  Otherwise you will continue to be harrased, as any other service provider would. Not saying its right, just pointing out that's the way the world works.

 

 


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DABhand
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Message 8 of 17
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Re: Can virgin use bully tactics to con people out of money they do not owe

Peter could always put in a Subject Access Request, VM do it for free, if he asks for ALL information recorded digitally and non-digitally including any calls, account notes will show he called in no doubt a number of times to complain about the speeds, and any responses the agent/s made to him. That should alone show if he contacted them consistently that the problem has existed for a long time.

Companies would like you to think they can control you fully in regards to contracts, wording doesn't protect them fully. UP TO is used to protect them too much, when realistically it means you should get up to the paid speed you are in a contract for, that doesn't mean shoddy unworkable speeds and bad connections. And that, in my honest opinion, is a contract breaker.. and I am sure any small claims court if taken to one would agree with the consumer.

Unfortunately like the US, Businesses have way too much legal power and protection that the consumer can easily be led down the proverbial garden path so to speak.

Majide!
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Peter33
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Message 9 of 17
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Re: Can virgin use bully tactics to con people out of money they do not owe

Gave them 8 months , three engineer visits , when there new hardware did not improve anything they just ignored the problems.felt under trade descriptions act we were right to cancel "not fit for purpose"
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Superuser
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Message 10 of 17
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Re: Can virgin use bully tactics to con people out of money they do not owe


Peter33 wrote:
Gave them 8 months , three engineer visits , when there new hardware did not improve anything they just ignored the problems.felt under trade descriptions act we were right to cancel "not fit for purpose"

"not fit for purpose" is from the original text of The Sale of Goods Act 1979

People tend to quote it as a an umbrella for any issue when in fact the act has very specific limitations. The Trade Descriptions Act 1978 which you refer to is criminal legislation and designed for out and out fraud. Its enforced by Trading Standards and the burden of proof is high, it being criminal, not civil, legislature. Pretty much zero chance of it being a case under that.

In any case, the correct legislation applying to VM as an ISP are the OFCOM regs, which are arbitrated (not enforced) by CISAS, amongst others

https://www.cedr.com/cisas/

As I said previously , it looks like you haven't followed the correct procedure to cancel. In which case VM are free to pursue you through reasonable debt enforcement.

Again I would state, Im not saying any of this is morally right. You asked a legally complicated question, Im giving you the chapter and verse of what they are legally able to do. As with most "debt" scenarios engaging with them is likely to be easier and less costly than not.