small claims court

[Mum1212]

Has anyone on here successfully taken VM to court? I have had numerous problems with VM - with damage to my property (evidenced on CCTV) which I brought up October 2023. This has dragged on and on. The adjudicator/ombudsman does not deal with damage to property. OFCOM contacted them 3 times and VM ignored them. A DSAR record shows my complete it deleted entirely (!) and no records held by VM. The ICO told me today that VM can delete all they like 😞 

So Citizens advice is to log this in the small claims court. They provided these links to identify the correct legal entity for Broadband and the correct head office - I have to send a 'letter before court action' to them. 

See here:

https://www.citizensadvice.org.uk/law-and-courts/legal-system/small-claims/Problems-with-goods---let...

See entity list:

https://find-and-update.company-information.service.gov.uk/search?q=virgin+media

If you have any experience of this - length of time etc that would help a lot. Cheers.

[goslow · Accepted solution]

This past topic might help you with a contact method (assuming the email address is still valid and someone from VM does actually reply there)

https://community.virginmedia.com/t5/Forum-Archive/Small-claims-court/m-p/5254870

If you track back through past 'property damage' topics on the forum, the general pattern of VM's behaviour is that VM keeps the customer engaged in endless back-and-forward communication but without actually repairing anything (presumably in the hope that the customer eventually gives up and goes away). If a repair does happen, the customer often reports the repair is of poor quality/not acceptable. Here is a typical past example

https://community.virginmedia.com/t5/QuickStart-set-up-and/Unexpected-visit-of-cable-installer-who-d...

From your linked CA pages, I think you are expected to have exhausted VM's complaints processes first of all before small claims. I think you are also correct in stating that the ombudsman does not deal with property damage claims.

If you want general advice on the forum (from non-VM people) then the 'Community Natter' forum will suffice. If you want a reply in the topic from a VM person, then one of the other forums (such as 'Managing Your Account - Cable') would be better as VM employees do reply in there but not often in 'Community Natter'.

[Mum1212]

I was told by OFCOM that VM need a WAYLEAVE AGREEMENT to ever come on property for works. This was not in place. I had not heard about this until today (from OFCOM). And the complaints team and DSAR people have no record of my complaint about the preinstall team - even though it went all the way to the ombudsman/adjudicator to be thrown out as not something the adjudicator handles. And guess what, the adjudicator said this has to be dealt with by the reinstall team - so - yes - going around in circles. I just hate the way I am being messed about. Cannot even get this raised to the exec team.

[Mum1212]

Defence@virginmedia.co.uk.  This is the email address for the legal team.

[MattL3]

They are bouncing me backwards and forwards when we were close to resolution for a contract issue.  They have up until the 19 April to upload evidence to the Ombudsman.  I had them agree it all in the chat over the past few days. Screenshots taken too as they are a slipper customers or should I say provider

[Mum1212]

OFCOM have an open investigation into VM complaints - please do log all problems with OFCOM. 

https://www.ofcom.org.uk/news-centre/2023/virgin-media-investigated-over-difficulties-cancelling-con...

Enforcement team (enforcement@ofcom.org.uk)

Case reference CW/01275/07/23

This investigation is still looking for more examples. I contacted them and said we need (1) a named accountable person and (2) email address for complaints and (3) complaints logged by email - not on their stupid platform where content disappears.

[Buffer6]

I’m not a lawyer, but I can offer some general guidance on taking legal action against a company like Virgin Media. If you’re considering pursuing a small claims court case, here are some steps you might want to take:

1. Letter Before Court Action:

   • As advised by Citizens Advice, start by sending a “letter before court action” to Virgin Media. This formal letter outlines your complaint, the issues you’ve faced, and your intention to take legal action if the matter isn’t resolved.
   • Include details of the damage to your property, the evidence from CCTV, and any relevant correspondence with Virgin Media.

2. Identify the Correct Legal Entity:

   • You mentioned Citizens Advice provided links to identify the correct legal entity for Virgin Media. Make sure you have accurate information about the company you’re dealing with.
   • Virgin Media is now part of Virgin Media O2, a joint venture between Liberty Global and Telefónica1. Their registered office is at 500 Brook Drive, Reading, RG2 6UU23.

3. Gather Evidence:

   • Compile all relevant evidence related to your case. This includes:
     • CCTV footage showing the damage to your property.
     • Correspondence (emails, letters, phone call records) with Virgin Media.
     • DSAR records (Data Subject Access Request) that demonstrate the deletion of your information.
     • Any other relevant documents.

4. Consult a Solicitor or Legal Advisor:

   • Consider seeking legal advice from a solicitor or legal advisor. They can guide you through the process, assess the strength of your case, and help you understand your rights.
   • Some solicitors offer a free initial consultation, which can be helpful.

5. Small Claims Court Process:

   • In the UK, the small claims court handles disputes involving sums up to £10,000 (or £1,000 in Scotland).
   • You’ll need to complete a Claim Form N1 and pay the appropriate fee.
   • The court will issue the claim, and Virgin Media will have a chance to respond.
   • If the case proceeds, there will be a hearing where both parties present their evidence.

6. Length of Time:

   • The duration of a small claims court case can vary. It depends on factors such as court availability, complexity, and the responsiveness of the parties involved.
   • Generally, small claims cases are resolved more swiftly than larger civil cases.

7. Alternative Dispute Resolution (ADR):

   • Before going to court, consider alternative dispute resolution methods such as mediation. A mediator can help facilitate communication and find a resolution without formal legal proceedings.
   • The ADR process may be quicker and less costly than going to court.

Remember that I am not a legal professional, and this information is not legal advice. Consult with a qualified solicitor or legal advisor to discuss your specific situation and explore the best course of action. Good luck, and I hope you find a satisfactory resolution! 🌟