on 16-03-2023 09:48
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!!
Answered! Go to Answer
on 16-03-2023 11:14
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.
on 16-03-2023 11:14
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.
on 16-03-2023 11:39
on 16-03-2023 12:03
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.
on 16-03-2023 15:49
on 16-03-2023 16:05
@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?
on 17-03-2023 09:29
on 15-04-2023 10:31
Can VM impose their new prices if they have not informed me of the changes to my direct debit?
Thanks again
on 15-04-2023 22:07
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.
on 16-04-2023 23:44
@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/