Price Change

[knighterist]

I learned from a letter through my door and then this post that I will be experiencing the one thing besides terrible internet that I hate most from Virgin Media - more rip-offs.

At first I have no idea WHY this change. The only sentence that 'explains' why the change in the letter is "Unfortuantely, from 1st April 2012, we're having to change some of our prices to make sure we continue to give you the best home entertainment and services.". I'm going to be frank and say that this sentence does NOT explain anything whatsoever for someone who only ever consults the forum if the internet's being a cripple again.

Extracted from the post:

"April Price Changes

As you know in January we announced that we are doubling the broadband speeds of our customers. The roll-out will take a year and a half and we, as all companies, introduce periodic price changes over time. There is no charge associated with the broadband upgrade, nor for any modems that might be needed to be swapped. Customers will be upgraded, before, during and after April 1st and once they have their broadband speeds boosted they will not see any increase in their bill related to their new speed."

I have 2 points that I would argue regarding this price change.

• First off, misrepresntation inducement. When I signed the contract I was told my bundle's a £28.50 a month (with the installation fee that they jacked up last second airily saying that the website hasn't been updated a week after they changed the price...). I was induced to sign the contract because of the price and then induced to think that the price will not change, which has become untrue thus I believe there is some form of misrepresentation here.
• The second is the onerous natuer of clause 3 under section H in the T&C of the contract. As the clause is onerous in nature, I believe that Virgin Media should have directly informed me about that for the clause to be valid, which obviously did not happen thus I do not believe the clause to be enforceable.

Besides those two points I would also like Virgin to clarify what they mean by "Customers will be upgraded, before, during and after April 1st and once they have their broadband speeds boosted they will not see any increase in their bill related to their new speed".

I have checked when the upgrade with happen around my place, quoted to be between April and July (knowing Virgin Media's work pace, it is more likely to be between July and July). If the price change is, as your staff has posted about, because of the upgrade, then I expect my internet speed to have doubled as you promised in the upgrade on April 1st, the day the price change occurs, otherwise I do not believe the price change is fair as that is not what I have bargained for.

Best regards,

Knight.

[BenMcr]

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knighterist wrote:

The second is the onerous natuer of clause 3 under section H in the T&C of the contract. As the clause is onerous in nature, I believe that Virgin Media should have directly informed me about that for the clause to be valid, which obviously did not happen thus I do not believe the clause to be enforceable.

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H3 is Virgin's right to vary the price. Your corresponding right is J3:

• If Virgin Media Ltd and/or Virgin Media Payments:
  a. increase their respective charges under these agreements;
  b. make significant changes to the services so the services you are entitled to receive in return for the charges you pay are significantly altered or reduced; or
  c. make significant changes to the terms and conditions of these agreements (including the other legal stuff),
  
  you may cancel those services affected without penalty by giving Virgin Media Ltd and/or Virgin Media Payments (as applicable) at least 30 days' notice.  Such notice must be given within 30 days of the increase in charges or changes to the services or this agreement being notified to you.  If you were not notified of these changes in advance, you must give notice of cancellation of the services affected to Virgin Media Ltd and/or Virgin Media Payments (as applicable) within 30 days of receipt of your first bill following such increase in charges.  If you do not give notice of cancellation within the specified period, you will be deemed to have accepted the increase in charges and/or the changes to the services and these agreements.  You will no longer be able to cancel your services under this paragraph. If you cancel any services in these circumstances, the increased charges will not apply to those services during the 30-day notice period and paragraph J2 will not apply if you cancel before the end of the minimum period.
  
  

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Besides those two points I would also like Virgin to clarify what they mean by "Customers will be upgraded, before, during and after April 1st and once they have their broadband speeds boosted they will not see any increase in their bill related to their new speed".

I have checked when the upgrade with happen around my place, quoted to be between April and July (knowing Virgin Media's work pace, it is more likely to be between July and July). If the price change is, as your staff has posted about, because of the upgrade, then I expect my internet speed to have doubled as you promised in the upgrade on April 1st, the day the price change occurs, otherwise I do not believe the price change is fair as that is not what I have bargained for.

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 Virgin have specifically said in the paragraph you quoted, that the price change is not tied to the speed increases:

There is no charge associated with the broadband upgrade, nor for any modems that might be needed to be swapped

What the rest of the paragraph means is that some customers will have their speeds changed before the price change and some after. The price change affects both sets of customers in the same way.

[knighterist]

I'm still not satisfied, why am I being sqeezed for a £1.50, and don't quote the letter you sent me, I've read it so many times that I just want to burn it rather than recycle it.

[knighterist]

Also, the paragraph is written so vaguely. One second it was on about the upgrade and the next it's on about something else?

Another thing, my J3 appears to be different to your J3. My J3 starts with "For premium television services....bla bla bla".  My J5 matches your J3, I do not know why the difference and it worries me that Virgin has new T&Cs that I am not aware of if there is such a discrepancy betwee our two copies of T&Cs.

[BenMcr]

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knighterist wrote:

Also, the paragraph is written so vaguely. One second it was on about the upgrade and the next it's on about something else?

Another thing, my J3 appears to be different to your J3. My J3 starts with "For premium television services....bla bla bla".  My J5 matches your J3, I do not know why the difference and it worries me that Virgin has new T&Cs that I am not aware of if there is such a discrepancy betwee our two copies of T&Cs.

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Section J of the terms are here http://shop.virginmedia.com/the-legal-stuff/terms-and-conditions-for-cable-services.html#ending

[knighterist]

I have the physical booklet that was mailed to me when I signed the contract. The section you quoted is clearly J5 on my booklet. Has Virgin been changing things ever so subtly without letting their customers know about it?

[BenMcr · Accepted solution]

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knighterist wrote:

I have the physical booklet that was mailed to me when I signed the contract. The section you quoted is clearly J5 on my booklet. Has Virgin been changing things ever so subtly without letting their customers know about it?

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Depending when you got it, the change will be the terms relating to Virgin Media Entertainment which have been removed as they no longer exist - Virgin Media themselves now provide the Premium channels

Terms relating to your rights haven't changed

[knighterist]

Thanks for finally letting me know...a change in T&C isn't somethinng that Virgin should keep in the dark even if the customers aren't too interested in it...should at least TELL people so they know, because I wasn't contacted about that at all.

[knighterist]

Whaaat...that previous answer didn't answer the original question...forum fail...

I still want that paragraph explained to me!!!! No matter how I look at it, it is not making any sense to me!

[adacom]

Benmcr wrote

Virgin have specifically said in the paragraph you quoted, that the price change is not tied to the speed increases

he adds that he works for Virgin but opinions are his own - so thats a quote from his employer not his opinion - thats a double standard - but whatever

in another thread another virgin employee [peter] wrote - again with the opinions disclaimer

So you will get a doubling of your speed and you complain that it has gone up by £1.50 well that certainly is not double the price for your broadband, some people want it all for free.

that flys against Benmcr's comment that the speed increase is not tied to the price increase

it either is or is not - you cannot have it both ways

and with respect - the get out clause that you work for VM bit opinions are your own is rubbish [imo] - as a VM employee on a forum linked from the main VM website you represent the company - thats how it works in business - if you dont want your opinion to be taken as that of the company then dont say you are from VM