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Swf
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Being lied to.

What can you do to get virgin to honor a deal if the sale person lied to you?

Ie told I would get the uhd channels in a re contract but then seller, didn't add them to the email he sent?

Also is it normal for the seller to refuse to give his full name and say I will email it to you?   This sounds odd to me.   

 

Any info or  tips or help would be much appreciated.    Pls don't just say call them. That's not the point of this site 

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Anonymous
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Message 2 of 18
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Re: Being lied to.

Staff never have to give full names.
If your contract didn't show them then they were not part of the deal. It will be hard to prove what was said on a call.

you can try and request a copy of hte call under a SAR but not all calls are recorded and even if it was you'll be outside the cooling off period by then.

the best thing you can so is cancel the order inthe cooling off peirod and go abck to what you had before
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Swf
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Re: Being lied to.

Thanks I think it's a good deal. So I want to work out how to have them honor it and if I'm correct punishe the seller as its not the first time this has happened and others and needs to be stoped.   Can I ask for the information you said with no reason?   I'd like to have all the information.   He also called from a cell phone and didn't mention the call is being recorded 

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Andrew-G
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Message 4 of 18
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Re: Being lied to.

you can try and request a copy of hte call under a SAR but not all calls are recorded and even if it was you'll be outside the cooling off period by then.

If there's no call recording, there's no basis of any new contract, and the cooling off period cannot be held to apply.  Absent recordings or paperwork, a contract only becomes binding if the customer uses the service and pays the bill for a couple of months or more without question or complaint, and then the contract becomes "deemed" to apply.  In this situation the customer has already raised an objection, and the supposed new contract cannot be held to apply.

We see complaints like this almost every week, so hopefully forum staff can pick this up and make enquiries, because it sounds like mis-selling, in which case the agent needs to be identified and have the riot act read to them.  

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Anonymous
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Message 5 of 18
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Re: Being lied to.

i disagree. the Op has posted about the contract not being right. If they do not now cancel in the cooling off period that may even enforce that there are happy. they understand the contract is not what was offered. I would cancel it
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Andrew-G
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Message 6 of 18
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Re: Being lied to.

@Anonymous You can disagree all you want, and as neither of us are lawyers it doesn't make any odds.  Having said that, I'm pretty well clued up on consumer law and services selling regulations, and because the OP has raised a complaint, an otherwise unevidenced contract cannot be held to have been entered by mutual and informed agreement - do your own research on the matter if you doubt this, feel free to consult a lawyer if you want.  A search on the more generous law firms web sites will turn up some excellent guidance on what constitutes a contract, what makes it binding, and the circumstances in which it is not binding or otherwise unenforceable.  For minor contract details, including most of the T&Cs, a customer can't dispute those because they weren't spelled out in every detail, but in this case, as there's a material difference of opinion and the OP has objected, if tested in court the contract would certainly be voided for "mistake" or "misrepresentation" unless the company could provide evidence to the contrary.  Not that it will get that far - VM should see sense and sort it out, if that doesn't happen they'll probably lose at CISAS (and cop the generous case fees to boot), even if they were mysteriously to avoid being held to account by CISAS, any court would not agree that disputed and unevidenced contracts are enforceable.  

You can't have agents promise something by phone (or chat, email or internet), fail to record that, and then insist that a disputed version of the supposed agreement is enforceable.  If you could, then as an example your car insurer would be able to change the cover offered between you accepting a telephone or online quote from fully comp to third party, insist that they had no record, and that their version of the agreement took precedence over your recollection, and was enforceable.  Taking it to a further extreme, it would be like me taking you to court to enforce a contract that I have no evidence for, where I insist we agreed by voice call that you pay me £5 for every word I type in this forum.  Would you anticipate the court agreeing to enforce that contract?  

However this is academic, and bickering about what is and is not a contract has not helped @Swf one bit, so I've flagged for the forum staff to advise.

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Swf
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Just renewed and got upgrade to 360 and uhd or did I?

Hi all

So canceled contact Sunday on Monday a guy called and agreed to  renewing to ultimate ompth

 On the calls (2) he added to  upgrade to 360s and said I get uhd.  I asked about the upgrade box and he said as I have v6s it's free  to get the 360s.  

On the new contract there's no information about the uhd channels or whatever that is.  And the bill says £35 instalment free,   iv emailed him and he just simply didn't awnser about the uhd channels (maybe uhd channels are standard now?)  and didn't reply about the £35

 

All he said for the 360 box's call virgin to order. .

 

Now I have lost all sky movies and sky sports. Not looked at kids ect.   

Will this fix its self? 

 

Its all confusing.  Any advice?

 

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Laurie_C
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Message 8 of 18
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Re: Being lied to.

Good afternoon Swf.

 

Thanks for getting in touch, I'm sorry that you've had some issues with your contract. I can certainly understand your frustration.

 

If the contract that is emailed to you differs from the verbal agreement that you reached with one of our agents, I would always recommend that you reject the contract on the basis that the offers do not match.We also give our customers a 14-day Cooling Off Period, so if you are unhappy with the terms of your contract, you are able to cancel within this period. Furthermore, if there evidence of the offer on your account, we will always be happy to honour the original offer. Whilst we don't normally deal with package changes on this platform, I would be more than happy to see what I can do to get this complaint resolved for you.

 

Unfortunately, I haven't been able to locate your account using your Forum Details, Swf. This means that I cannot check to see if this offer is detailed on your account, or if you are within the 14-day Cooling Off Period. I'm going to send you a Private Message so that I can confirm some details with you, and take a closer look at this issue. Please look out for a purple envelope in the top right corner of your screen.

 

Thanks,

Laurie

 

 

Laurie_C
Forum Team
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japitts
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Message 9 of 18
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Re: Just renewed and got upgrade to 360 and uhd or did I?

I'll pick away at a few of the more obvious points in there, but this is not a "complete" answer...

1: Put the migration to 360 aside for one moment (and arguably, don't worry - let's get other bits sorted).. on your V6 follow Home > Help & Settings > Help > TV Care > I'm missing some channels. This will get your EPG in-line with your account package, which moementarily I'm assuming is what it should be.

2: If that fails to resolve, then login to your online "myVM" account and see what your current contract shows you're on. If you made changes Monday, they should have been actioned by now - so nevermind what you should be on, this will show what you are on.

Points 1 & 2 work hand-in-glove with each other.

The migration to 360 will be a separate thing. If you are on UO, and you have accepted the change, then you should have a popup on your V6 homescreen, or an app listed in the "my apps" section which you can select when you're ready to migrate. You don't need new boxes to change - it's just a software download to your existing boxes.

UHD is another thing - there's only 2 broadcast UHD channels, which are VM Ultimate (CH228) and BT-Sport Ultimate (Ch531). If you've got the "Sky Entertainment UHD" add-on, then that includes Sky UHD On-Demand content which you can find in the OnDemand menus. It's not Sky UHD broadcast channels.

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Swf
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Message 10 of 18
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Re: Just renewed and got upgrade to 360 and uhd or did I?

Amazing thanks chs back.

I was offered uhd thing when handed in the notice for £6a month   .but didn't take there offer.

I did mention it the the last caller who agreed to ask his boss and call me back.. He came back and said I get every thing a new ultmate oompth  customer would get and led me to believe the uhd thing was included.  I would like to get a recording of the call . As I emailed to confirm and he  just said yes   Called v and the guy said I should had been told about the £35 and he said new box's are on the way. (I don't need them as the v6 can update) and he will sort it out then I was cut off mid chat ,     I don't have much faith in this all tbh..  Your very helpful thank you 

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