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johnd200
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Area over subscribed - can I leave

To cut a long story short, I live in Oldham in Manchester.  I have been told that there are contention issues from 5.30pm until 11.15pm.  I pay for a 150mb service but during those ideas I get between 12 - 15mb, a tenth of what I pay for.

I moved into the area exactly a year ago and have lived with these problems ever since.  I was told that this was being fixed on the 25th May and 3 days ago I complained it was still  not fixed.  I was told that I would receive a call from the team specifically dealing with this issue within the next 24 hours.  This did not happen.  Virgin customer service used to be great, but now its dreadful.  Reading through this community forum I see that this now appears to be a common problem with virgin providing poor speeds at peak times.

I am 1 year into an 18 month contract, but I no longer wish to continue paying for this poor service.  I would prefer to change to a fibre supplier at a much cheaper price.  Whilst I understand the commitment I have to the contract, I am not getting the service I purchased.  Under the circumstances have virgin breached this contract, and can I therefore terminate it?


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Superuser
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Message 4 of 19
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Re: Area over subscribed - can I leave

You would of needed to state it's an official complaint you were lodging when you did it. Not just a post on forums stating you are not happy.

Best way is to get onto the cancellations team on the phone, keep pushing for the cancellations team until they get you there.


Can also lodge it via email but again state it's an official complaint and go through the CISAS process.
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Superuser
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Message 2 of 19
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Re: Area over subscribed - can I leave

they have not breached the contract - thay have the word UPTO in the T & C's that we all dont read but agree to - that said you can lodge a complaint and with effort you might get out of the contract - you can get a reduction in your bill if there is a fault number raised for contention - its there but its not up front - you have to ask and push for it - with the history you have you may get some credit backdated - it certainly happens but again its not easy - in the short term wait for VM to pick up the thread and they will confirm what is known and hopefully will sort out some reduction

you can obviously leave and a call to retentions is never wasted - you can negotiate any settlement against the remainder of your contract - all obviously up to you but worth waiting for VM here to start with

____________________

Tony
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johnd200
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Message 3 of 19
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Re: Area over subscribed - can I leave

i registered this as a complaint back in June 2015 and have a post on here about it. Reading through this forum makes sorry reading as it appears that most of the virgin network is not fit for the number of customers subscribed to it. Promises of reviews and fixes but nothing tangible. I pay £50 per month for a service that is comparable to speeds I used to get on ADSL many years ago. I can get a 76mb connection for a fraction of that price.

The credit isnt really worth much (£10). I just want the service I purchase and if Virgin cant provide it then I would prefer to go elsewhere. Thanks for the advice.
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Superuser
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Message 4 of 19
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Re: Area over subscribed - can I leave

You would of needed to state it's an official complaint you were lodging when you did it. Not just a post on forums stating you are not happy.

Best way is to get onto the cancellations team on the phone, keep pushing for the cancellations team until they get you there.


Can also lodge it via email but again state it's an official complaint and go through the CISAS process.
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johnd200
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Message 5 of 19
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Re: Area over subscribed - can I leave

Thanks, I have done just that!

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spell
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Message 6 of 19
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Re: Area over subscribed - can I leave

The 'up to' excuse is getting a bit tired now whether it is put in the T&C or not.

T & C s cannot negate consumer rights.

The most logical yardstick for a court/adjudicator would be that your speed should not drop below that of the maximum speed advertised for the tier below yours provided your equipment is in order.

Good luck with it.

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spotsilver
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Message 7 of 19
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Re: Area over subscribed - can I leave

I'm having the exact same problem, during that exact timeframe but in Merseyside. It started in early May and I was told they had planned to fix it in mid April, when I called again on Wednesday I was told they had plans to make repairs in November. Ridiculous. I have a 200mbps package and I'm getting ADSL speeds but paying the price for fibre.
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Superuser
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Message 8 of 19
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Re: Area over subscribed - can I leave

Phone staff always promise fixes on a certain date but they never are. They are only review dates but phone staffs scripts call them fix dates and they will promise the sun and the stars to tell you they will be fixed on that date.

Off shore phone staff are effectively useless
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jiggy
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Message 9 of 19
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Re: Area over subscribed - can I leave

For those who are still stating the "UP TO" excuse, I'm sorry that I can't find where I read it once but much trolling through the interwebnet (just kidding) I found that "up to" should mean 75% of advertised speeds for 75% of the time, this would not include the wired/wireless issue, which incidentally should equate to a maximum further 10% so on a 200mb contract speeds should not go below 150mb for 75% of your usage, which by any standards is acceptable, so please stop with the "up to" rubbish as paying for 200 and getting 20mb for months on end is more than enough evidence to terminate a contract

do regular speed tests wired and wireless (if you can) keep the results and supply them with the evidence, there's nothing they can do about it, if you stopped paying your bill or did something to negate your end of the agreement you'd be bloody sure they'd cut you off quick enough, so what's good for the goose etc

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Superuser
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Message 10 of 19
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Re: Area over subscribed - can I leave

Just remember when you are asking for it 75% of the time you are almost getting full speeds for that (midnight-3pm give or take).



Wireless shouldn't have a set in stone minimum because of what effects it.


Ultimately though up to has no limits on it as anything is up to. It would be nice to have some limits / guarantees on speed but we all signed the contract accepting it. We likely never thought speeds would drop and we would have 100% speed 100% of the time (or 75% / 75%) but that's not what we signed for. We signed for an ambiguous 'up to'.
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