Forum Discussion

spine's avatar
spine
Tuning in
12 months ago

Delayed installation - Provisional Installation Date clause beware!

My installation was delayed 83 days from the initial install date (was moved 4 times).

https://community.virginmedia.com/t5/Managing-Your-Account-Cable/Installation-Delay-Nightmare/td-p/5432418

However, I was given 8 days credit (based on the last date it was moved to) based on automatic compensation scheme.

I put my case forward to the Communication Ombudsman and they ruled in favour of Virgin media as at the time I took the order I had signed up the "install date was provisional" as indicated in the contract summary sheet which they presented.

So I'm pretty sure anyone who signs up will initially get a provisional install date (which is fair enough) but one which can be moved endlessly for whatever reason seems a bit unfair if you are tied down to contract and probably subject to cancellation admin charges - which is seems so unfair.

I do have a question though regarding the 14 day cooling off period - which I did query with the case handler - given that in the terms and conditions:

"If you wish to cancel your Virgin Media services you have FOURTEEN days from the later of:
(i) the day after the delivery of the equipment;
(ii) the service start date; or
(iii) the day you receive your contract.
By approving your order, you are also agreeing to your services starting as soon as possible"

The case handler said that the 14 day cooling off period would only begin on the day the service starts regardless.

As I received the contract on day of the order would somebody be able to clarify (for future reference - it would help to decide how to proceed if fallen foul again to ongoing delayed installations):

Would additional charges be incurred (e.g.. admin charges etc. like you get with insurance companies if you cancel within the so called 14 day cooling off period).

1. If I cancel the order before the first provisional install date if it was was more than 14 days ahead of the order date?

2. If I were to cancel the order any time if the provisional dates are moved forward?. Bearing in mind you'll get first get notified that there is a delay, then be given a install another install date each time (how will the cooling off period apply here?).

Hopefully my case may be able help others how to proceed if they are unfortunate to face the same situation I did.

Perhaps its the luck of the draw on the case handler I got - but nevertheless I am aware that the communications ombudsman are funded by the providers who'd join the scheme - I can't help but notice the similarity of the appeal process for private parking tickets ie. after disputing with the parking operator - the appeal process goes to an organisation which is funded by the same parking companies (and success rate are not too good for the motorist!) but I let you draw your own conclusions.

  • Hi spine 

    Welcome to our Community Forums and thanks for your post. 

    I am sorry you've not had the best experience with us. 

    To clarify, the 14 day cooling off period doesn't start until everything is installed and activated so if you do cancel within this cooling off period, you won't incur any fees.

    Let me know if I can help with anything else.

     

    • gue3's avatar
      gue3
      Tuning in

      Hi Ayisha_B,

      Can you tell me how to go about cancelling my contract within the 14 day cooling off period please?

      Are there any forms to use, in which case where do I find these, or do I just send a letter to VM, in which cacse, which address do I use the one in Reading or the one in Sunderland?

      Thank you for any help that you can give me.

      Kind regards

      Steve Jarvis

      • Daniel_Et's avatar
        Daniel_Et
        Forum Team

        Hi gue3, thank you for your response.

        If you were to cancel your contract prior to installation, you'd need to call our pre-installation team on 0800 052 1734.

        If, however, you were to cancel your contract after everything had been installed and activated, advice on how to do this can be found in this article here.

        As stated on another thread yesterday, we can see you have an open complaint with our CEO team who will be doing all they can to help.

        Regards,
        Daniel

  • Could you clarify the below -

    Would additional charges be incurred :

    1. If I cancel the order before the first provisional install date if it was was more than 14 days ahead of the order date?

    2. If I were to cancel the order any time if the provisional dates are moved forward?. Bearing in mind you'll get first get notified that there is a delay, then be given a install another install date each time (how will the cooling off period apply here?).

    • Zoie_P's avatar
      Zoie_P
      Forum Team (Retired)

      Hi spine
      Thank you for your update on this, I can see you have posted on this previously, I am sorry that this is not the outcome you would have liked. I can look into this for you further, I will pop you over a PM, please keep an eye out for the little envelope 👀📩
      Thanks,
      Zoie

    • spine's avatar
      spine
      Tuning in

      The Ombudsman case manager said their decision was final - If I did not agree I would have to pursue via other means.

      Obviously, I can complain about the service of the Ombudsman - but it wouldn't  affect the decision they have already made.☹️

       

      • Cardiffman282's avatar
        Cardiffman282
        Trouble shooter

        They state "In a limited number of circumstances you may be able to appeal our decision, if new evidence has come to light since you submitted your dispute or if a material error has been made."

        A material error has clearly been made in your case as they have demonstrably failed to properly cross reference the full Ofcom code of practice for any suggestion of "provisional" installation dates as possible get outs for the payment of delayed installation automatic compensation (spoiler: there is none).

        I'd now go Citizens Advice to escalate it https://www.citizensadvice.org.uk/

  • jpeg1's avatar
    jpeg1
    Alessandro Volta

    This 'provisional' business needs to go before OFCOM, because it entirely invalidates the compensation agreement for delayed installations. 

    No doubt someone within VM has been congratulated on this nasty trick to avoid paying what they should to customers who have been severely inconvenienced. 

    It tells you all you need to know about VM's attitude to their customers.