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Bright Spark
MurphySuicide
Posts: 45
Registered: ‎19-03-2011
Helpful Answer

A Letter Of Complaint Regarding My Neighbours Installation

I have returned from holiday to find my neighbour has had a Virgin Cable installation and that your installation team has a) run his connection from my box, b) pulled up my cable to the road and left part of it exposed and c) strewn a collection of cables, clips and nails (6 retrieved thus far) all over my drive. One of these nails has punctured my cars tyre, I am informed beyond repair. I have this evening spent 1hr and 17 minutes on the telephone to your customer service team, virtually all of which I was "on hold" continually being told by your holding system that someone would speak to me "soon". I have eventually managed to get an installation visit booked for 3rd September so that your engineers can put right what they have done thus far so poorly. As it took 4 previous visits from your engineers to install my cable correctly, naturally I am very disappointed to have to go through all of the predictable aggravation of dealing with your ineffective call centre and shoddy installation work yet again. I am resigned to the fact that these negative factors appear to be standard (in my experience) for Virgin Media, I am however not prepared to swallow the cost of a replacement tyre (costed at £130 fitted) because of your engineers ineptitude. I have taken photographic evidence of the assorted debris and will forward to you upon request. In summary I require you to a) apologise for the 1 hr & 17 minutes of my life (not including writing this complaint) that your company has wasted, b) apologise for the diabolical installation of my neighbours cable that has exposed the cables to mine, c) apologise for the debris your engineers have strewn across my drive, d) apologise for the aggravation caused by the puncture and replacement of my tyre, e) apologise for the diabolical installation and customer service I have received since becoming a Virgin Cable customer, f) reimburse me for the cost of the tyre replacement (£130), and finally g), reimburse me for the call charges incurred for the 1 hr and 17 minute phone call to yourselves. Please inform me by return when you intend to action all of the above and where you would like me to send photographic evidence of the debris and or damaged tyre to. Should I not receive a response within your 28 day guidelines I will take this matter further.

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Brainbox
chickendippers
Posts: 68
Registered: ‎11-04-2010

Re: A Letter Of Complaint Regarding My Neighbours Installation

[ Edited ]

You might be able to get an apology, but you signed away the option to claim to any kind of compensation for damages or consequential loss when you joined: http://shop.virginmedia.com/the-legal-stuff/terms-and-conditions-for-cable-services.html#liability

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Font of All Knowledge
Peter_
Posts: 4,836
Registered: ‎24-06-2011

Re: A Letter Of Complaint Regarding My Neighbours Installation

This forum is primarily a faults forum and the team will be unable to help in this matter due to the need to clear DPA with yourself, so you really need to write into the complaints department the relevant information is below.

 

I would advise you to put your complaint in writing, include as much information as possible and address it to,

 

Complaints,

Virgin Media,

PO Box 333,

Matrix Court,

Swansea.

SA7 9ZJ 



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Bright Spark
MurphySuicide
Posts: 45
Registered: ‎19-03-2011

Re: A Letter Of Complaint Regarding My Neighbours Installation

[ Edited ]

"unless it has been caused by Virgin Media Ltd's and/or Virgin Media Entertainment's negligence or the negligence of their employees, agents or contractors while acting in the course of their employment" would seem to cover it.

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Trust Me, I’m a Doctor
Ignition
Posts: 2,180
Registered: ‎18-08-2009

Re: A Letter Of Complaint Regarding My Neighbours Installation


chickendippers wrote:

You might be able to get an apology, but you signed away the option to claim to any kind of compensation for damages or consequential loss when you joined: http://shop.virginmedia.com/the-legal-stuff/terms-and-conditions-for-cable-services.html#liability


Guessing you didn't read that link in full.

 

None of Virgin Media Ltd, Virgin Media Entertainment and Virgin Media Payments will be liable to you for:

 

d. direct physical damage to your property (including any of your equipment upon which we have set up the services) unless it has been caused by Virgin Media Ltd's and/or Virgin Media Entertainment's negligence or the negligence of their employees, agents or contractors while acting in the course of their employment (and even then our and/or Virgin Media Entertainment's liability will not be more than £100,000 for any one event or series of connected events).

 

Seems to be pretty clear cut assuming OP's comments are accurate, melodramatics aside.

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Brainbox
chickendippers
Posts: 68
Registered: ‎11-04-2010

Re: A Letter Of Complaint Regarding My Neighbours Installation

Sounds like you're in luck then, providing you can prove it was Virgin Media who did the damage.

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Bright Spark
MurphySuicide
Posts: 45
Registered: ‎19-03-2011

Re: A Letter Of Complaint Regarding My Neighbours Installation

All accurate, no melodramatics

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Crafty
yamato
Posts: 30
Registered: ‎08-07-2011

Re: A Letter Of Complaint Regarding My Neighbours Installation

wow that terms and conditions caveat is actually quite cynical...This kind of thing may well come back to bite Virgin.
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Font of All Knowledge
Peter_
Posts: 4,836
Registered: ‎24-06-2011

Re: A Letter Of Complaint Regarding My Neighbours Installation


yamato wrote:
wow that terms and conditions caveat is actually quite cynical...This kind of thing may well come back to bite Virgin.

I think you should take a peek at all the other ISP's Terms and Conditions as I think you will find them to be quite similar and with very little in the way of ay possible loopholes, why do you think they employ highend legal teams in the first place.

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Fix-a-Lot
Sololobo
Posts: 2,206
Registered: ‎09-09-2009

Re: A Letter Of Complaint Regarding My Neighbours Installation

[ Edited ]

Peter_ wrote:

yamato wrote:
wow that terms and conditions caveat is actually quite cynical...This kind of thing may well come back to bite Virgin.

I think you should take a peek at all the other ISP's Terms and Conditions as I think you will find them to be quite similar and with very little in the way of ay possible loopholes, why do you think they employ highend legal teams in the first place.


It's irrelevant what other ISP's terms and conditions are. Just because others are doing something doesn't necessarily make it right.

 

Customers and consumers can refer to The Unfair Terms in Consumer Contracts Regulations 1999, http://www.legislation.gov.uk/uksi/1999/2083/contents/made, Section 5, Unfair Terms.

 

5.—(1) A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer.

(2) A term shall always be regarded as not having been individually negotiated where it has been drafted in advance and the consumer has therefore not been able to influence the substance of the term.

(3) Notwithstanding that a specific term or certain aspects of it in a contract has been individually negotiated, these Regulations shall apply to the rest of a contract if an overall assessment of it indicates that it is a pre-formulated standard contract.

(4) It shall be for any seller or supplier who claims that a term was individually negotiated to show that it was.

(5) Schedule 2 to these Regulations contains an indicative and non-exhaustive list of the terms which may be regarded as unfair.

 

It's very rarely, if at all, that customers look for "loopholes" in T's & C's solely to receive a good service, it's usually the suppliers who use "loopholes" to justify the provision of sevices which are not up to standard. That's why they employ so called high-end legal teams.

 

In any event, it's morally reprehensible for any supplier to accept payment for goods or services which are substandard, or below an agreed or acceptable level. Lawyers chicanery or not.

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I used to answer questions, but now I question instead. Guess why.
I'm not paranoid, they are watching.
Kudos: Users giveth and VM taketh away.
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