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Automatic compensation query

theboyburden
On our wavelength

Hi.   What’s the best procedure for querying the amount of automatic compensation paid after set up please?

My installation was delayed by over 100+ days due to construction issues but I have only received 38 days compensation.   I would like to know how that’s been calculated (ie for which days in particular) and raise a complaint if necessary.

Thanks in advance.

1 ACCEPTED SOLUTION

Accepted Solutions

VM have in some instances claimed that they could not install as they did not have the necessary permissions.  This is a valid excuse if true, but has on occasion been abused by the company.  See what VM come back with in terms of their rationale for the reduced compensation.  VM are still liable to pay compensation for delays caused if they didn't promptly apply for any necessary permits, and for delays if they didn't act when they had the permits.  If there's any attempt to play the "council delays" card, then contact your local council's highways team, and ask them if Virgin Media or their subcontractors applied for a "Section 50 permit" near to your property in the date range that applies from first promised installation up to the date they started paying, when that permit was applied for and when it was issued.  Typically the councils are a lot more efficient than urban myth has it, and they'll take a day or two to turn these around, and it's those couple of days that VM might reasonably claim they shouldn't be liable for - in the instances I have in mind the company wilfully tried to misrepresent much longer periods of time of the delays as entirely or largely down to the council.  An example of this is not installing in the first agreed timescale, only then does somebody go and take a look when that circa 2 week window has already been missed, and they conclude some digging in pavements is needed.  That take a few days to sort out the permit, and then a week or two to mobilise the construction team....and then VM then try and blame the entire delay up to that date on the council, when they should reasonably have known at the outset whether the property was serviceable without the need for digging, and they had two weeks to check anyway.  If this sort of situation applies to you, then there's a good chance that you'll need to take a formal complaint to VM, wait for that to be resolved or more likely fobbed off, and if you are still unhappy you reject the resolution letter and escalate the matter to the industry adjudicator, Ombudsman Services (unless the forum staff can wave their magic wand for you).  As a means of accelerating what can be a slow process you might want to start a formal complaint now that VM have not paid the appropriate amount of compensation, and that complaint can then be the basis for going to the Ombudsman. 

If you need to take the matter to Ombudsman Services, and the council delays card is being played, you must word any complaint carefully - if you just complain that VM haven't complied with the auto compensation scheme rules, then the ombudsman may take VM's version of events as correct.  The complaint adjudicator at Ombudsman Services will be impartial and unbiased, but they have to investigate the matters your complaint raises, not any surrounding issues that seem obvious to you, but which are not mentioned in the complaint.  You would need to be complaining that the delays were a direct consequence of VM's failure to know the condition of their network before setting an install date, and their failure to investigate and remediate any construction issue promptly during the typical two week window between order and promised installation, and thus the compensation should run from the date of any promised install to the date the a permit was applied for, and then restart from the date the permit was issued.  You may also want to refer to the Consumer Rights Act 2015, which states that any service needs to be provided with reasonable skill and care, and that is evidently lacking in this case.

If the delays were caused by wayleave agreements (legal permissions to install in, across or under somebody else's property, eg a landlord or housing association) then that always takes a long time, and the chances of getting additional compensation is much reduced. 

Let us know what happens in getting this resolved.  If you need to use the ombudsman, then there will be a non-disclosure clause applying to any settlement, but you'd still be at liberty to let us know (a) if you used the ombudsman, and (b) whether you were happy with the outcome.

See where this Helpful Answer was posted

11 REPLIES 11

Robert_P
Forum Team
Forum Team

Hello theboyburden

 

We're sorry to hear of the delays to your original installation and the frustration and inconvenience this has caused. We appreciate this being raised via the forums.

 

Our Auto Compensation Policy for complete loss of service over 48 hours can be found here as agreed with our regulators. Have you had a breakdown of the compensation at all from the team explaining this?

 

Rob

Hi Rob.

No, I’ve had nothing.   I would appreciate a breakdown please.

That's fine theboyburden, I will send you a Private Message to get some more details from you to help get this looked into.

 

Rob

VM have in some instances claimed that they could not install as they did not have the necessary permissions.  This is a valid excuse if true, but has on occasion been abused by the company.  See what VM come back with in terms of their rationale for the reduced compensation.  VM are still liable to pay compensation for delays caused if they didn't promptly apply for any necessary permits, and for delays if they didn't act when they had the permits.  If there's any attempt to play the "council delays" card, then contact your local council's highways team, and ask them if Virgin Media or their subcontractors applied for a "Section 50 permit" near to your property in the date range that applies from first promised installation up to the date they started paying, when that permit was applied for and when it was issued.  Typically the councils are a lot more efficient than urban myth has it, and they'll take a day or two to turn these around, and it's those couple of days that VM might reasonably claim they shouldn't be liable for - in the instances I have in mind the company wilfully tried to misrepresent much longer periods of time of the delays as entirely or largely down to the council.  An example of this is not installing in the first agreed timescale, only then does somebody go and take a look when that circa 2 week window has already been missed, and they conclude some digging in pavements is needed.  That take a few days to sort out the permit, and then a week or two to mobilise the construction team....and then VM then try and blame the entire delay up to that date on the council, when they should reasonably have known at the outset whether the property was serviceable without the need for digging, and they had two weeks to check anyway.  If this sort of situation applies to you, then there's a good chance that you'll need to take a formal complaint to VM, wait for that to be resolved or more likely fobbed off, and if you are still unhappy you reject the resolution letter and escalate the matter to the industry adjudicator, Ombudsman Services (unless the forum staff can wave their magic wand for you).  As a means of accelerating what can be a slow process you might want to start a formal complaint now that VM have not paid the appropriate amount of compensation, and that complaint can then be the basis for going to the Ombudsman. 

If you need to take the matter to Ombudsman Services, and the council delays card is being played, you must word any complaint carefully - if you just complain that VM haven't complied with the auto compensation scheme rules, then the ombudsman may take VM's version of events as correct.  The complaint adjudicator at Ombudsman Services will be impartial and unbiased, but they have to investigate the matters your complaint raises, not any surrounding issues that seem obvious to you, but which are not mentioned in the complaint.  You would need to be complaining that the delays were a direct consequence of VM's failure to know the condition of their network before setting an install date, and their failure to investigate and remediate any construction issue promptly during the typical two week window between order and promised installation, and thus the compensation should run from the date of any promised install to the date the a permit was applied for, and then restart from the date the permit was issued.  You may also want to refer to the Consumer Rights Act 2015, which states that any service needs to be provided with reasonable skill and care, and that is evidently lacking in this case.

If the delays were caused by wayleave agreements (legal permissions to install in, across or under somebody else's property, eg a landlord or housing association) then that always takes a long time, and the chances of getting additional compensation is much reduced. 

Let us know what happens in getting this resolved.  If you need to use the ombudsman, then there will be a non-disclosure clause applying to any settlement, but you'd still be at liberty to let us know (a) if you used the ombudsman, and (b) whether you were happy with the outcome.

Thank you ever so much for this informative and detailed response. One of the forum team is trying to get the breakdown for me.   On receipt of that, I’ll consider further.

I can see why some people don’t bother.  Likewise l can also see how VM get away with fobbing off, or bending the rules.   I’m not normally one to make a fuss, but with this I seem to have the bit between my teeth!  Happy to pursue this all the way if there are grounds to do so.

I’ll post again once I know more.

theboyburden
On our wavelength

Update.

Six months down the line and I still have not had a response from VM - this is despite two different forum agents getting involved.  I feel like they're hoping I'm just going to give up (which I'm not).

Do I still need to raise a formal complaint or can I go straight to CISAS?

Hi theboyburden

 

Apologies for the delay in getting back to you.

 

I have contacted the agent you were speaking with over private message and asked that they update you at their very earliest opportunity.

 

 

 

Vikki - Forum Team


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theboyburden
On our wavelength

With respect, that was not my question.

In the absence of a reply, what do I do next?    You need to appreciate that I have been promised "updates at the earliest opportunity", or words to that effect, for nigh on six months.   Agents do not appear to get responses from whomever they are chasing.  So, simply, what are the next steps?   

Thank you for your response.

 

I appreciate you have lost faith in us, however we will ensure the agent gets back to you regarding your concern.

 

I am very sorry again for the delay.

 

If you have an open complaint, you can follow our complaint code of practice.

 

The details are here for you.

 

 

Vikki - Forum Team


New around here? To find out more about the Community check out our Getting Started guide