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infuriated269
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Package selling. tv broadband phone

Why have virgin charged a termination fee when I go freeview £119.32p.

I have not terminated my contract just revised it. They how ask me to sign a revised contract?

I have spoken to citizens Advise and trading standards both agree the contract is not terminated but revised so now I have to go court as virgin dumb customer services not listen

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Superuser
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Re: Package selling. tv broadband phone

i am guessing you have terminated part of your contract - the TV part so that will have invoked the termination fee on that part - a call to retentions will clarify that 

dial 150 or 0345 454 1111 and follow the prompts to - you are thinking of leaving us - dont worry about that they do much more - open 'till 8pm - 6pm on saturdays - closed sunday and the plus is its a UK call centre

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Tony
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studio_54
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Re: Package selling. tv broadband phone

Hi mate

I'd suggest you confirm which T&Cs apply to your agreement.  I've just had a very quick look at the standard T&Cs on the VM website and Section K seems to apply to your situation.  In particular:

  • "If you ask us to reduce your tier of services within the minimum period for that service, we may ask you to pay a fee depending on the service being reduced and the remaining length of the minimum period. If you wish to reduce your tier of service or remove any additional service (including premium television channels) you must give us 30 days' notice and pay any charges (including usage charges and line rental) up to the end of that 30-day notice period. Any changes to the services will be variations of this agreement, even if you agree a new minimum term."

What's not clear in the wording (which will help your argument) is they state "we may ask you to pay a fee..." but don't say what these are or how they are calculated (which makes them uncertain).  Further, when they say you must give 30 days' notice and pay any charges including usage and rental charges, the uncertainty is repeated.

What *is* certain is that any changes to the services are classed as variations to the agreement.  A variation is not a termination.  So as long as any charges you have received state they are "termination" they cannot apply.

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Superuser
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Message 2 of 10
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Re: Package selling. tv broadband phone

i am guessing you have terminated part of your contract - the TV part so that will have invoked the termination fee on that part - a call to retentions will clarify that 

dial 150 or 0345 454 1111 and follow the prompts to - you are thinking of leaving us - dont worry about that they do much more - open 'till 8pm - 6pm on saturdays - closed sunday and the plus is its a UK call centre

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Tony
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infuriated269
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Re: Package selling. tv broadband phone

At the time I was told I would incurr a charge if I failed to return the experiment. I returned it and that was confirmed however they charged me any way. 

I will need to file a small claim action and go to court to resolve.

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Superuser
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Re: Package selling. tv broadband phone

information can vary and is not always correct - it should be but thats how it is - dont know what the small claims court will make of it - whats happened is within the T & C as published afaik - you cancelled a service that you were under contract to use - if you cancel there is a charge - its no different to other services - each part is separate so change one of the parts and cancellation charges kick in - right or wrong thats how it is - the mistake that seems to have been made is that someone at VM got the information wrong - proving that is another matter - you could request the call recording but that may not exist or they may say it does not 

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infuriated269
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Re: Package selling. tv broadband phone

Hi Tony

I did have a call back which said if I had spoken to her she could have offered a basic tv fun package at just £3 per month.

Also that because I said I was thinking of leaving that's why they added the termination fee!!!!

I the fee was admin on alternation of contract then it would not grate so much but as you say T and Cs

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Superuser
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Re: Package selling. tv broadband phone

i come back again to say you have 14 days to cancel the thing - are you outside that - if not then get back to retentions and see what they can do - even if you are outside that they may be able to cancel the fee if you take a tv package

they will always do their best - so again

dial 150 or 0345 454 1111 and follow the prompts to - you are thinking of leaving us - dont worry about that they do much more - open 'till 8pm - 6pm on saturdays - closed sunday and the plus is its a UK call centre

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Tony
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infuriated269
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Re: Package selling. tv broadband phone

Hi Tony

 

currently I have received a £50 credit as they did agree the fee was excessive. 

work in progress  

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studio_54
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Re: Package selling. tv broadband phone

Hi mate

I'd suggest you confirm which T&Cs apply to your agreement.  I've just had a very quick look at the standard T&Cs on the VM website and Section K seems to apply to your situation.  In particular:

  • "If you ask us to reduce your tier of services within the minimum period for that service, we may ask you to pay a fee depending on the service being reduced and the remaining length of the minimum period. If you wish to reduce your tier of service or remove any additional service (including premium television channels) you must give us 30 days' notice and pay any charges (including usage charges and line rental) up to the end of that 30-day notice period. Any changes to the services will be variations of this agreement, even if you agree a new minimum term."

What's not clear in the wording (which will help your argument) is they state "we may ask you to pay a fee..." but don't say what these are or how they are calculated (which makes them uncertain).  Further, when they say you must give 30 days' notice and pay any charges including usage and rental charges, the uncertainty is repeated.

What *is* certain is that any changes to the services are classed as variations to the agreement.  A variation is not a termination.  So as long as any charges you have received state they are "termination" they cannot apply.

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infuriated269
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Re: Package selling. tv broadband phone

what makes me laugh is I am being attacked by email landline and txts asking me to return and what they can offer, but when I phone up they all say I asked to be terminated, i just pray they never go to work in the NHS
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studio_54
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Re: Package selling. tv broadband phone

Ask to speak to a manager, and then just ask them to walk *you* through what has happened without telling them the detail yourself. That way you have more chance of sorting it out.

If you start off by explaining the situation yourself, there's a risk they may take the easy option.

IF they say you requested a termination, then ask how that fits with your existing contract and the credit you received for a high termination fee. And ask how a variation is a termination under their T&Cs.

Let us know how you get on.
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