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Compensation for Delayed Install

Anonymous
Not applicable

Hi folks, thanks for reading. I've had an 84 day delay to my install and assumed compensation would apply. I'm now being told that due to the delay being caused by a construction issue I'm not entitled. They basically needed to do external work and get council/neighbour permission. I got the neighbour to sign a way leave very early on.

I'm being offered goodwill gesture of 2 free months plus £10. I've raised a complaint, anything else I need to do or say for now?

Cheers

ETA: This was a home move. I gave them 4 weeks notice of the move and got the original install date immediately. It was only 2 days before install that they advised of works needed and delays.

53 REPLIES 53

Anonymous
Not applicable

Mate, you've been a star, very informative, many thanks again. I imagine the changes you suggest would be far cheaper overall and would obviously lead to a much better customer experience. Sigh.

I've made a DSAR request with VM and await that. I've requested specific notes from Field Workers along with and wonder will they neglect to mention/deny that they told me not to send back the Wayleave forms. This was said on a mobile to mobile call so won't be recorded 😞

Waiting to hear back from CISAS regarding my complaint, hopefully this week. 100% going small claims route if no favourable outcome from complaint.

Anonymous
Not applicable

I've yet to hear anything back from CISAS after they requested extra information from me and now only 2 days left on the decision. Just to check, was your advice to accept the offer for this period and proceed with small claims for the rest or decline offer and SC the lot?

Unfortunately I think there's too much detail here I don't know to offer good advice, and to take a matter to court requires either proper legal knowledge, or a really black and white case. 

If you go to court, then subject to the case being properly presented, the judge has to decide whether the installation date amounted to a binding term of contract because you relied upon it when entering the contract as per CRA2015, and then whether the valid defence of waiting on a wayleave means that VM can avoid paying compensation for the delayed installation.  I think that CRA 2015 is quite clear that anything you relied upon becomes binding, and would trump any standard terms in VM's T&Cs, and if that were accepted (which it might not), the case then becomes about whether having agreed a contract they couldn't honour, they should pay compensation on the basis VM claimed they could service the property promptly.  Maybe that would be in your favour, maybe it would not.  The actual terms of the Ofcom automatic compensation scheme probably don't come into it since those are a regulator's code of practice, and not either case law or statute law, although they'd be a solid basis for evidencing what a reasonable daily amount is.

If I were in your shoes, I'd phone Which? Legal and get advice from them, but that's about a hundred quid a year and probably isn't a further expense you'd want to incur.  Citizens Advice may be able to help for free, but this might be too complicated for them to cope with.  Ultimately you may have to chalk this up to experience, take the paltry compensation offer, but remember that VM are not a company you'll want to do business with again.

As per the previous comments, would you be able to structure a claim that would be clear and refer to the main facts?  Would you put up the case fee, accepting that this is money you may never see again, and that "odds" are unknowable?  Have you got the time and the energy? 

Anonymous
Not applicable

If I'm honest it all seems very black and white to me. CISAS investigation focused on the wrong things and I probably came off quite snotty quoting this and that. I've made my mind up to take this as far as possible and if my accepting the CISAS offer would have no bearing on my proceeding then I will do that and lodge with SCC just before New Year, with a view to sorting in New Year.

 

Many thanks for your speedy reply and help throughout.