Ofcom compensation

After many futile attempts to get Virgin Media to acknowledge that I was due automatic compensation for the 89 days delay for connection, deadlock was reached after I refused their goodwill credit of £200.

Virgin fobbed me off with excuses that the network issue was outside my property and required permits which was outside their control. The ombudsman lady handling my case laid waste to their excuses for not complying with the automatic compensation scheme.

Her decision that Virgin Media should pay the full compensation, offer a further £100 as an apology for mishandling the case and send a letter of apology was not challenged. It was a successful outcome on all counts.

The summing up of the investigation stated that if I had not brought this matter to the Communication Ombudsman, I would not have received the compensation rightly owed. I couldn’t agree more.

Had it been handled correctly; Virgin Media would only have had to pay the £542.90 compensation. For trying to wriggle out of it, it has cost them a further £100 goodwill payment and a letter of apology.

 

Here is the excuse from VM to get out of their commitment to the automatic payment scheme:

The Company acknowledges that the Customer has been affected by a delay with the installation, however it holds it is not possible to speed up the installation process. As per the account notes, substantial engineering and construction works are required in order to complete the installation. Such works are lengthy by their nature and the Company holds that it is not possible to speed this up. Furthermore, issues may often arise during the installation process as further blockages may be discovered. The Company often also requires the input of third parties, such as councils for permit purposes. Consequently, the Company maintains that it does not have unhindered control over the timeline of the process and argues that delays may occur; such delays are in themselves not a breach of any contractual obligation nor are they an example of poor Customer service. The Company thus argues that there has been no wrongdoing on its part in this instance.

In relation to automatic compensation, this is calculated from the second date provided to the Customer. The Company also holds that the calculation will run from the second delay as this was always an ‘engineer installation’, meaning that the Customer was provided with a provisional installation date which does not trigger any credit under the scheme. As the installation was placed on hold due to additional works required, the Customer was not provided with a second date. The Company advised the Customer as soon as installation could commence the services would be installed at the property. The Company honoured this and successfully installed services on the 03 March 2025.

The Company therefore maintain the deadlock position of £200.00 compensation as a gesture of good will. The Customer has already received £50.00 compensation in December 2024 as a result of the delayed installation. The Company submit whilst the Customer is not eligible for automatic compensation, there have been delay in installing the services and recognising the inconvenience this may have caused, the Company maintain £200.00 deadlock offer.

Here is the adjudication from the Communications Ombudsman that demolished their feeble attempt to worm their way out of it:

Your complaint against Virgin Media concerns delays in the installation of its service. You explained that your contract was due to start on 4 December 2024. Although the installation team attended on that date, they were unable to complete the installation due to a network issue that needed to be resolved first. As a result, you were without service until 3 March 2025. You referred to Virgin Media’s pledge regarding compensation for delays, but the company disputed your entitlement, stating the issue was outside your property boundary and required permits. You challenged this, and Virgin Media’s complaints team initially offered £150, later increasing it to £200. You declined this offer, stating you expected compensation in line with the company’s pledge, based on the number of days the delay lasted.

As a resolution, you are asking Virgin Media to acknowledge its pledge regarding delayed installations and to accept that the exception for matters outside its control does not apply in your case. You also request improved training for its customer service team.

In response, Virgin Media has maintained its deadlock offer of £200 as a gesture of goodwill. It states that Automatic Compensation is calculated from the second installation date provided, as the first date was considered provisional and therefore did not trigger eligibility. Virgin Media claims it fulfilled the installation on 3 March 2025.

I would like to begin by explaining that the role of The Communications Ombudsman is to assess whether Virgin Media has responded fairly and reasonably to your complaint. To ensure impartiality, we base our findings on the evidence provided by both parties, any contractual agreements, and relevant regulations.

The Automatic Compensation scheme you referred to is not a Virgin Media initiative but one established by Ofcom, to which Virgin Media is a voluntary signatory. As such, Virgin Media is required to follow the rules and guidance set by Ofcom regarding eligibility.

According to Ofcom, customers are eligible for compensation if the provider confirms an installation date that it then fails to meet, unless certain exceptions apply, such as wayleave issues. You have provided evidence that Virgin Media confirmed an installation date of 4 December 2024 in its welcome email. This email does not indicate that the date was provisional. Although Virgin Media has argued that the first date was provisional, I disagree. The contract information sheet they provided was sent before the welcome email, and while it may have shown a provisional date, the welcome email confirmed the installation date and included an estimated first bill and engineer visit.

I accept Virgin Media’s explanation that it could not expedite the installation due to the required works. However, as a consumer, you had no control over this either. Ofcom’s Automatic Compensation scheme is designed to address such situations, as the customer ultimately bears the impact of the delay. At the time of your issue, the daily compensation rate was £6.10, which includes consideration for both financial and personal inconvenience, as well as goodwill.

You are entitled to Automatic Compensation for the delay from 4 December 2024 to 2 March 2025. The day the service became active is not eligible. This amounts to 89 days of delay, resulting in compensation of £542.90. Virgin Media has stated that it applied £50 compensation in December 2024, so I will request that it pays the remaining £492.90 to your account.

Outcome: Upheld

Issue 2

Issue type: CUSTOMER SERVICE - Quality
Issue analysis:

As part of my investigation, I have reviewed how Virgin Media handled your complaint. Based on your account notes and the evidence provided, it is clear that Virgin Media failed to correctly identify your eligibility for compensation and instead offered £200 as a goodwill gesture. This amount is significantly less than what you are entitled to. When a complaint is raised, we expect the provider to carry out a thorough investigation. In this case, I do not believe that happened. Had Virgin Media conducted a proper review, it would have identified that it had sent written confirmation stating your service would be activated in December 2024.

The Automatic Compensation scheme is intended to function exactly as its name suggests—automatically. Consumers should not have to request this compensation or raise a dispute in order to receive what they are entitled to. Ofcom also requires that Automatic Compensation be paid within thirty days of the service becoming active. Because Virgin Media incorrectly stated that you were not eligible, this did not occur.

We consider Virgin Media’s handling of your complaint to fall below the standard of service we expect. Furthermore, I am satisfied that, had you not brought this matter to our attention, you would not have received the compensation you are rightfully owed, which is simply unfair. I will therefore request that Virgin Media provide you with an additional £100 as a goodwill gesture to apologise for its mishandling of your complaint and its failure to recognise your eligibility. I also acknowledge the time and effort you spent trying to resolve this issue with Virgin Media, which no doubt added to your frustration.

In your remedy request, you asked that Virgin Media acknowledge its pledge regarding the calculation of compensation for delayed installation, accept that matters outside of its control do not apply in this case, and implement better training for its customer service team. When a case is brought to our service, our role is to determine whether the provider has acted fairly. It is important to note that The Communications Ombudsman is not a regulator and does not have the authority to direct how a company must operate.

Outcome: Upheld

Conclusion

During our discussion today I advised you of our findings which you confirmed you wished to accept, as agreed I have done this for you.

Virgin Media now have 14 days to review our decision, once accepted it will then have 28 days to implement the remedies below.

If the supplier cannot carry out the remedy exactly as we have stated but can reach the same outcome another way, we are happy to accept this without the need to lodge a decision challenge. Similarly, if an action has already been completed or is no longer necessary because of another action, the remedy can be marked as complete without the need for a challenge to remove it.

I would like to take this opportunity to thank both yourself and Virgin Media for your patience whilst I concluded my investigation.

Outcome: Upheld

Remedy 1

Remedy: Credit

Value £: 492.90

Comment:

£492.90 Automatic Compensation for the delayed install to be applied to the Virgin Media account

Remedy 2

Remedy: Goodwill

Value £: 100.00

Comment:

£100 goodwill to be applied to the Virgin Media account

Remedy 3

Remedy: Action

Comment:

Letter of apology