a week ago - last edited a week ago by Lisa_CC
I am at my wit's end. I am a lawyer and consultant. I am proficient but not expert at computing.
A year ago I acquired, with a non-elective change in broadband supplier, an email account @VirginMedia.com which I began to use and then migrate my email to.
But more than a few of my colleagues, correspondents, clients, customers and comrades told me I am crazy to use VM because it will give me no end of problems, abuse my correspondents, with a risk of losing all my historic emails, and probably cause me to lose business and friends and that virginmedia email service is run my incompetents, lunatics and sadists. I thought they were joking. I should have googled
Now, I wish I had listened to them..... 😞
This useless service even bounces important emails sent to me that are replies to my own emails! As well as bounces important emails from financial services providers I have signed up with or have accounts with, including my brokers, banks and so on.
This is despite me adding all their email addresses to my virginmedia email's "Safe List". All that accomplished was that their messages - important and even vital to me - no longer get put in Spam, which is what, before, had excruciatingly often happened. Now they're either delivered (say half of them) or never get to me at all (the other half).
Worse, their senders - often people replying to my own emails, which is the incredible part of it - or their mailservers/administrators get a rude bounce message from virginmedia, to the effect:
"The contents of the email have been identified as spam."
and cheerfully tells them that their email address has been added by virginmedia to publicly accessible spam lists, thereby causing them all sorts of potential problems with eing muzzled..
These are not spammers! These are MY customers. Me the idiot who has a virginmedia.com account.
One of my most computer-literate clients, lets call him Enrique as its not his name, runs a cosmetics company and runs a Mailchimp-based email list, complying with all GDPR/DP as well as good business practice, emailing only those who specifically asked to receive product emails/offers, and with each email offering them a one-click cancel or throttle-down option. Enrique says for years he has blocked at source anyone trying to register who has a virginmedia, ntlworld, blueyonder (all part of the same diseased stable) etc. email domain, explaining that the company does not want the grief and confusion, and telling them to enrol for a proper email service, including the free ones at gmail, hotmail, yahoo etc., and that EVERYONE except maybe AOL is far far better than the virginmedia stable.
SO WHAT DO I DO? Re-send all my contacts an email asking them to forgive me for imposing upon them a need to deal with this ghastly charade of an email service?
OR CAN YOU SUGGEST HOW I PREVENT THIS OUTRAGEOUS MISCONDUCT BY VM CONTINUING?
How can I sue VirginMedia because in England & Wales (the only relevant jurisdiction) for the liquidated damages I have suffered? Whatever its lawyers may have told it, it cannot contractually insulate or limit itself from the consequences of its own incompetence, negligence or worse.
Incompetence is the only explanation other than downright automated malice to bounce innocuous and inoffensive business messages to me from my clients who are sinultaneously both (a) safe-listed by me and (b) directly replying to my own emails to them and (c) contain the appropriate In-Reply-To: header.
Again, help.
[REMOVED]
[MOD EDIT: Personal information has been removed from this post.]
a week ago - last edited a week ago
The best suggestion I can make is don't use VM email. Always go with email providers that are not linked to ISPs (eg. Gmail or Outlook).
1) If you change Broadband provider you lose access to the providers email accounts after a set period. With VM it is 90 days.
2) There are increasing rumours that VM will be moving away from hosting their own email services in the not to distant future, making a move to another host inevitable. New customers are no longer issued with a VM address, you have to provide your own.
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a week ago - last edited a week ago
🙂🙂🙂🙂
Well there you are Lutz. If you will use a company like Virginmedia you will have to accept the same appalling service as your own customers.
I'd suggest you bail out now before the rest of your customers are taken by Openreach and altnets.
P. S. How did Lisa_CC take this seriously?
Sunday
Now something I don't quite understand and am more than happy for someone to explain it to me;
“ I am a lawyer and consultant” - fine, but then later on; "How can I sue VirginMedia because in England & Wales (the only relevant jurisdiction) for the liquidated damages I have suffered?"
Hang on, you are a lawyer, but are asking questions on a public forum on a legal matter? Something doesn’t sound right. If you are ‘a lawyer’, then surely you understand contract law, OK maybe not your specific field of expertise, but surely you have a basic grounding in how it works?
‘Liquidated Damages’, nice term, do you actually know what it means? You did negotiate this with VM at the point of taking out the contract didn’t you?
Monday
Not sure I see any contradiction. He's said that VM can't contractually exclude itself from the results of its own negligence or (gross) incompetence. That is correct. It is you who don't grasp contract. Read up on the tightrope of exclusion clauses (generally better not to try them). And .legislation.gov.uk/ukpga/1977/50.
He didn't specify which area of law so sensible to ask if someone had experience/. He also said he inherited the contract which I took to mean VM bought out the previous provider? And probably didn't feel the need to read every line of the 20 closetype pages of VM boilerplate and relied on the unequal bargaining powers GOOJF card (think Monopoly) intro'd at lawtutor.co.uk/articles/inequality-of-bargaining-power
As to his ref to liq.damages, that is the crux of obtaining redress, can't see how to use the exclusions and establish a viable claim without it, and it is what is tough to determine here, which is why he was casting around for ideas?
Shrugs, no big deal, I've no skin in my game, I only visit here to laugh at the silly sods who stick with VM's email carry-on. A tribe of monkeys would run a service better. 😀
Reel Lawyer
Monday
I don't see how you can use residential broadband, which has no SLA, and want to sue VM for liquidated damages.
You should have your own email account. I have my domain name and redirect traffic from it to my Gmail account. I also have Outlook and Yahoo accounts, but I prefer Gmail.