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Price rises

Gooser42
On our wavelength

Can I assume that if I have not been contacted by a letter from VM to say there is to be a price increase on my contract, they will be unable to charge any more than I am currently paying?

I assume that a text is not written confirmation?

I have always been led to believe that written confirmation must be given of any changes to a Direct Debit agreement, as it is a legally binding contract, and signed by both parties?

Thanks for any input, and all power to the forum, it is the best thing about VM!! 

1 ACCEPTED SOLUTION

Accepted Solutions

Andrew-G
Alessandro Volta

It may be you haven't heard yet.  The notifications are still going out.  A very few customers agreed fixed price deals and won't be affected, and some contracts agreed this year are deemed on the new pricing anyway.  Most customers are on fixed discount deals, part way through a fixed term and will have had or soon be getting the good news. 

You'll find that these days courts and adjudicators will generally accept email and text notification as adequate - few of us sign physical contracts these days and electronically recorded agreements are still enforceable.

Strictly speaking, if they failed to contact you then they can't enforce a price rise, but if the company claim that they wrote, emailed or texted then it can be a challenge to prove otherwise.  If it came to this crunch, then you can try taking it to Ombudsman Services. 

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16 REPLIES 16

Andrew-G
Alessandro Volta

It may be you haven't heard yet.  The notifications are still going out.  A very few customers agreed fixed price deals and won't be affected, and some contracts agreed this year are deemed on the new pricing anyway.  Most customers are on fixed discount deals, part way through a fixed term and will have had or soon be getting the good news. 

You'll find that these days courts and adjudicators will generally accept email and text notification as adequate - few of us sign physical contracts these days and electronically recorded agreements are still enforceable.

Strictly speaking, if they failed to contact you then they can't enforce a price rise, but if the company claim that they wrote, emailed or texted then it can be a challenge to prove otherwise.  If it came to this crunch, then you can try taking it to Ombudsman Services. 

Gooser42
On our wavelength
Thank you Andrew-G
And here was me thinking that he law was on the side of the consumer!!
I can only hope that my new contract is within the new price rise.
(magnificent ram/goat by the way!!)

Even if it's within this year's price rise they'll still need to notify you of the changes to T&Cs, and from what I've seen in the forum, that's being done by letter. 

The changes to T&Cs are to remove your right to cancel or renegotiate when they put up prices by inflation busting amounts in future.  That's exactly the sort of behaviour that Ofcom should have stamped on, instead Ofcom are condoning these practices. 

Gooser42
On our wavelength
I am still not convinced that T & Cs should be able to negate a legal right under the law, with respect to Direct Debits, but Ofcom must be aware of this.


@Gooser42 wrote:
I am still not convinced that T & Cs should be able to negate a legal right under the law, with respect to Direct Debits, but Ofcom must be aware of this.

What rights under law do you have in mind?  Nothing in any T&C's can ever take away your legal rights, but I'm unclear where you think they are?

Gooser42
On our wavelength
https://fastpayltd.co.uk/blog/direct-debit-collection-rules-giving-the-correct-notice/

I think there may be other sites that give further clarification. I am sure a contracts lawyer would know as well.

Gooser42
On our wavelength

Can VM impose their new prices if they have not informed me of the changes to my direct debit?

Thanks again

jpeg1
Alessandro Volta

The direct debit is not an agreement to a fixed amount. It is an authorisation for them to take any amount due under the contract. 

- jpeg1
My name is NOT Alessandro. That's just a tag Virginmedia sticks on some contributors. Please ignore it.

goslow
Alessandro Volta

@Gooser42 wrote:
https://fastpayltd.co.uk/blog/direct-debit-collection-rules-giving-the-correct-notice/

I think there may be other sites that give further clarification. I am sure a contracts lawyer would know as well.

https://www.directdebit.co.uk/direct-debit-explained/direct-debit-guarantee/