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Saifss
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Message 1 of 26
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Cable rework by building owner, who should pay?

Hi,

Please bear with me as a it's a long post Smiley Happy

I am a tenant in a building of 9 flats,l was a Talktalk customer, not too happy with their service. I received a virgin media marketing communication in my mailbox that my building is set for virgin media now and the offer was good so I switched.

The appointment was on 15th December 2018, and Talktalk disconnected my account same morning while the virgin media engineer was installing the VM router. However he then said that he is not getting connection and needs access to building backside which was locked that day and we don't have access to, I called up the building owner who said it would be difficult for him to come there unless very urgent, now the engineer left saying he will do a few more checks and give me a call, but he didn't call back, so after a few hours and lots of long calls with VM, I found that there was some issue outside and will need a two person job and was given a appointment 17 days later on 3rd Jan and asked to arrange my own internet for that period (as Talktalk refused to extend my contract)

Now comes the main issue, on 3rd Jan the engineers turn up, get access to building backside and see that the Virgin media cable running outside my flat has been cut. I don't know who did it (as VM also said previous tenant had VM internet, nonissues) but my guess is it was building owners. Now the building owner was not present that day but the management employees were and they said to install new cables they need owner approval. Also that the building owner is planning to get all cables reconnected through conduete. I was not able to reach the owner even after multiple calls, MSGs, etc. I was desperate to get internet connection up as I am a software engineer by profession and mostly work from home. The management suggested to "temporary" install the cables and then when their conduete are ready, the cables will have to be reconnected.

Now my question is who should pay for these charges, I am assuming 99£?

1.Virgin media who communicated that my flat is ready for connection and told me on the installation day that it needs more work ? And left me without internet for 17 days ( I have been credited a small amount for the 17 days after much hassle and harassment)

2. The building owners who clipped off virgin media cables which virgin media was not aware off (ours is the only flat having VM connection as of now so I assume VM never knew the cables were cut) and who now want to reconnect all cables through conduete

3. Or me, who made the mistake of switching to VM ?

Awaiting your urgent help on this one

Thanks.

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chenks
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Message 2 of 26
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Re: Cable rework by building owner, who should pay?

can you prove the building owners cut the cable? if you can then you have a case against them.
if you can't then you would be liable for the cost.
virgin wouldn't be liable as the fault is not of their own doing.
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Saifss
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Message 3 of 26
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Re: Cable rework by building owner, who should pay?

Thanks for the response

1. As it's only the owners who have access to that area where the cable was snipped, there was no way for me to know that the cable is cut. So in this case, shouldn't this be a case between Virgin and the building owner ? As a customer, I wouldn't know while switching to Virgin what is the status of the cable outside my flat. Since I completed the switching formalities and initial payment way back in November, shouldn't Virgin have made sure that to make a visit beforehand to ensure cables are alright, instead of finding that out on the day of installation when I am disconnecting Talktalk? And even after that taking 17 days to send engineers just to find cable are cut?

2. Help me out in another scenario, say, for e.g, the cable wasn't cut, Virgin installs successfully, and after a few days building owner now says we need to reconnect cable through conduete. Who should be liable for that cost ? Because I am sure the owner will argue this that even if the cable hadn't been cut, they would have reconnected it through conduete.

Thanks.

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Superuser
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Message 4 of 26
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Re: Cable rework by building owner, who should pay?

1) you should of made sure VM was installed before cancelling talktalk if you needed the internet. Things can delay installs.

2) you should have to pay. as your rent you have an agreement between the landlord and you. You could try and make the landlord pay but if they refuse and remove the cable you would be in breach of contract and have to pay the EDF

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Sololobo
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Message 5 of 26
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Re: Cable rework by building owner, who should pay?

As you are a new customer I would expect Virgin Media to install all necessary infrastructure to provide you with their services, as part of their installation procedure. If this requires new cabling then so be it.

Whether a pre-existing cable has been cut or not is surely irrelevant. As far as I know it's not a requirement for Virgin Media cabling to be pre-existing to receive their services.

 




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zvonok
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Message 6 of 26
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Re: Cable rework by building owner, who should pay?

… I was desperate to get internet connection up as I am a software engineer by profession and mostly work from home ...

Obviously using the wrong Forum  !!!  Use of domestic connection for 'business' is NOT in T&Cs!!! Just an error I guess!!!

… ZvnK ...

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Sololobo
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Message 7 of 26
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Re: Cable rework by building owner, who should pay?


@zvonok wrote:

… I was desperate to get internet connection up as I am a software engineer by profession and mostly work from home ...

Obviously using the wrong Forum  !!!  Use of domestic connection for 'business' is NOT in T&Cs!!! Just an error I guess!!!

… ZvnK ...


Acceptable Use Policy: https://www.virginmedia.com/shop/the-legal-stuff/acceptable-use-policy.html

Section 5.2.4

trade or business use of our services, except for remote access to your employer’s corporate network (and remember in any case that we are not liable for any loss occurring as a result of such use), unless you subscribe to a a product that is specifically stated as a business product.




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Saifss
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Message 8 of 26
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Re: Cable rework by building owner, who should pay?

Thanks for the response.

1. In Virgin's own words, they guarantees "seamless transition" from old internet to virgin without any loss of time. I guess I believed it. But I also read somewhere here that Virgin makes two appointments, first just to check it's connected upto the flat, they don't need access to flat. This didn't happen at all, and even the customer service said that as my flat already was connected before by previous tenants ( already had a box in the wall) they thought it still would be connected.

2. Just to clear, the building owner is not the landlord of the flat. I rented this flat from a letting agency, the agreement is with them, the actual landlord of the flat is someone else, while the building owner is someone else, they are the one who has access the backside of the building and who is responsible for such cabling decisions. So still it should be me the one bearing the cost here?

Thanks.

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coenoby
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Message 9 of 26
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Re: Cable rework by building owner, who should pay?


@Saifss wrote:

2. Just to clear, the building owner is not the landlord of the flat. I rented this flat from a letting agency, the agreement is with them, the actual landlord of the flat is someone else, while the building owner is someone else,


Just a minor point.

The landlord may well employ a 'letting agency' to:

- find new tenants,

- collect the rent,

- manage the property and the relationship with the tenant

but ultimately the buck stops with the landlord not the agency.

For example, if the shower in your flat stops working the necessary repairs will be paid for by the landlord not the agency. The agency makes their money from the fees they collect from the landlord for managing the property not directly from the rent that you pay to the agency.

I know that only too well from personal experience.Smiley Wink

Coenoby

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coenoby
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Message 10 of 26
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Re: Cable rework by building owner, who should pay?


@coenoby wrote:

@Saifss wrote:

2. Just to clear, the building owner is not the landlord of the flat. I rented this flat from a letting agency, the agreement is with them, the actual landlord of the flat is someone else, while the building owner is someone else,



but ultimately the buck stops with the landlord not the agency.


Thanks for the kudos.

I forgot to add this link. It is designed as an introduction for students seeking accommodation but it applies to all tenants.

https://www.thetenantsvoice.co.uk/advice_from_us/landlords-and-letting-agents-for-students/

I hope it's useful.

Coenoby

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