Agreed to a 30 day rolling contract but now being charged £446.75 to cancel

[caroline1009]

I really hope someone can help me here as this is causing great distress so close to Christmas.

On the 8th July I was out of contract and VM sent me pre-contract documents stating that my new minimum contract length was 1 month, which I accepted as I knew I would be moving within the year. 

On the 7th November I went to cancel and was told I'd have to pay an early disconnection fee of several hundred pounds! Looking back the new contract did come into my email on the 9th July stating the the minimum contract length was 18 months. I didn't notice this at the time as I incorrectly assumed that it would be 1 month as per the pre-agreement and they wouldn't change it under my nose. I have also been paying less than I thought I would be as I've been on an 18 month deal, but life has been so hectic I didn't notice. I'll happily pay back the extra monthly fee for the monthly contract rather than the almost £446.75 that's on my final bill. 

The CS I spoke to on web chat said they submitted a complaint on my behalf - and not entirely trusting this I submitted one myself. I have the acknowledgement email which was sent 30 days ago, so we're now out of the 28 days where they said they would get back to me.

I fully intend on taking this to ofcom and the financial ombudsmen - and the media if necessary,  but I can't do that until after 8 weeks of trying to get VM to resolve it, and in that time I have this giant bill waiting to come out that I really cannot afford to pay. It's literally ruining Christmas.

Can anyone help?

[japitts]

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@caroline1009 wrote:

On the 8th July ... VM sent me pre-contract documents stating that my new minimum contract length was 1 month, .... On the 7th November I was told I'd have to pay an early disconnection fee of several hundred pounds! ... the new contract did come into my email on the 9th July stating the the minimum contract length was 18 months. I didn't notice this at the time as I incorrectly assumed that it would be 1 month as per the pre-agreement

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Can you post up screenshots of the documentation showing a 1month minimum term? That should help the staff team when they pick this thread up. Redact any personal info.

[Cardiffman282]

A nasty surprise just before Christmas. 

Does your new home have access to Virgin Media broadband? If it outside of VM's supplied area then no early termination fee would be due.

How did the pre contract documents come about? Did you accept a renewal offer? If so it will almost certainly come with a standard 18 month minimum term (although anything is possible with VM).

Had you just left things then you would be on a rolling monthly contract with expensive monthly charges but with the flexibility of a 30 day notice period. 

[Cardiffman282]

Just to add any complaint escalation would go to the Communications Ombudsman rather than the Financial Ombudsman (but you could indeed loop in Ofcom too). This would all hinge on the VM comms you received as per japitts. 

[Mr_K]

VM need to show evidence that you agreed to an 18 month contract (either a phone call recording or signature).   I suspect an over keen agent on commission to sell contracts. I also suspect if they had such a call recording they would have mentioned it by now. 

[Beth_G]

Hi caroline1009

Thanks for your post, welcome to the Community Forums.

I'm sorry to hear that there seems to have been a discrepancy between your pre contract documents and your actual contract with us. I'll be happy to help and look into this with you.

I've sent you a private message so I can take your details. 

[caroline1009]

Thanks for all the really helpful responses! Beth above has been in contact and I've sent screenshots of the pre-contract agreement across to her - hopefully this can get resolved before Christmas, but I'll keep you you updated! 

[caroline1009]

Also my new home is overseas, just to add a spanner into the works (moving overseas at Christmas - kind of seems like I like a bit of stress lol).

[Cardiffman282]

No special allowance is made for overseas moves unfortunately but let's hope a happy resolution can be found for you at this busy and stressful time for you. 

[caroline1009]

Thanks so much for your help everyone - pleased to say it had a happy ending. Beth above informed me that VM usually don't do one month contracts (as some of your pointed out) so the original pre-agreement was an error on their side, so they have waived the disconnection fee. I'm beyond relieved - thanks again everyone!