Delayed Installation Compensation cancelled and suddenly became overdue bill

[sesame218]

So when the agent called me and asked me to end the complaint about delayed installation compensation, the agent told me on top of the automatic compensation I got, I don't have to pay for the first bill as goodwill gesture, to stop me from moving the issue to Ombudsman Service. During the phone call he told me to check the website and I did. The bill was shown as paid with green frame. 

Fast forward to today, suddenly I received a bill that include the full amount of May bill, even the original automatic disappeared, with a late charge. Is this how VM trick people to stop getting help from Ombudsman Service?

I feel utterly disappointed. I paid the bill because VM threaten me with service suspension.

So this is message to anyone who is dealing with delayed installation. Record your phone call and ask for written confirmation if you agree with something. I never thought of big company being this dishonest. 

[goslow]

You should be able to request a copy of the call via a DSAR

https://www.virginmedia.com/help/dsar

There is nothing to stop you progressing a complaint to the ombudsman from this point and including the most recent behaviour of VM as part of that complaint.

Making a recording of calls for personal reference does now seem to be wise default advice when phoning VM.

[sesame218]

Thanks for the link I will try requesting it.

Even if the agreement is somehow ignored I see no reason the original automatic compensation being cancelled.

I always demand the complaint being handled with email but they always call me, and my English is not good, I always feel I may be tricked into saying something put me in disadvantage but last time I double confirmed with the agent that I don't have to pay for the first bill. 

I don't feel like I'm dealing with professional large company, more like dealing with deceptive shady merchant in back ally...

[sesame218]

Funny enough, I was kind of being threatened that if I want to get a deadlock letter to proceed to Ombudsman Service VM had to cancel even the compensation they originally gave me and now the situation is exactly like that. The complaint was "resolved" but the promise is broken. 

[goslow]

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@sesame218 wrote:

<snip>

I don't feel like I'm dealing with professional large company, more like dealing with deceptive shady merchant in back ally...

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Many of the VM customers posting on here might agree with this point of view!

You have been spun a story by VM over the phone.

VM can't negotiate itself out of paying the compensation. It is a formal/required process which they are obliged to follow (though they can offer 'an alternative form of recompense of equivalent or higher worth').

I haven't gone through your past topics in detail, but you need to put together a timeline of VM's failures in your installation, then work out what you think you are due in compensation.

If you have already complained to VM, then you can reject VM's 'resolution' (whatever that was and since it wasn't honoured by VM). If 8 weeks has passed since you complained, you can start a case with Ombudsman Services. If the 8 weeks has not passed, you can request a deadlock letter from VM and then go to arbitration.

Speak to Ombudsman Services directly for detailed advice on how to proceed.

https://www.ombudsman-services.org/

[sesame218]

I guess I'm being deceived in many ways. They read me the code of conduct and told me council permission is their uncontrollable factor so they don't actually have to pay anything. Then offered me a middle ground which I agreed.

I was thinking letting it go if the first bill is free but now I have no reason holding back from reaching out.

Thank you for your help I already emailed Ombudsman service before asking about how deadlock letter works. I also kept tracking events and dates.

[Natalie_L]

Hello sesame218, 

Thank you for reaching out to us here on the Community. 

We are very sorry to hear of the issues you are experiencing with your billing. 

In order for us to look in to this further and assist with getting this matter resolved, I am going to pop you over a private message to take a few details. 

This message will be available via the red bar at the top of the page. 

Speak soon, 

[goslow · Accepted solution]

'Council permission' is regularly thrown about as an excuse by VM as a cause for delays (and not paying) but the excuse is regularly used by VM people on the phone with zero understanding of what the compensation rules actually are. This is been exposed during some past arbitration cases which have been reported back on here.

Some people in your situation have found it useful to get in touch direct with their highways authority (which may be your local council or county council) and find out from them when exactly VM applied for permits to work on your installation. Past topics have highlighted cases where VM's accounts were not accurate/truthful. Some past topics have highlighted that no permits were ever applied for (even when VM was using this as an excuse for non-payment of compensation).

Refer to the OFCOM document on compensation

https://www.ofcom.org.uk/__data/assets/pdf_file/0026/216962/Industry-Code-of-Practice-for-Automatic-...

which describes the minimum requirements for a compensation scheme. Suppliers are meant to come up with their own versions based on this.

Section 40 describes the circumstances when a supplier can avoid paying and 40d is the part VM relies on with its 'council permissions' excuse.

VM can reduce compensation while waiting for permission for street works (to avoid being 'in breach of any law or regulation') but the reduction is limited to the direct delay only. For example, if VM delays your installation by 10 days, two of which are caused by waiting for a council permit, then the compensation would only be reduced by 2 days, not the full 10 days. In many cases reported on here, VM tries to make significant reductions in the compensation under the 'council permit' excuse when, in fact, most of the delay has been caused by VM's bungling installation processes, not delays waiting for the council.

So check out details of permits with your highways authority. It will help you in your arbitration claim as further evidence.

VM has also invented the idea of the 'provisional' installation date as a means to avoid paying compensation. Again, in past topics on here reporting back after arbitration, the arbitration process dismissed this concept because VM rarely makes it clear a certain installation date is provisional.

There are a few topics on here where customers have won substantial compensation, via arbitration, for long installation delays. Most report having to fight VM to get what was due but the arbitration process does seem to favour the customer who can present a well-laid-out case against VM.

Make sure though that any 'alternative' compensation VM may offer you is at least equivalent (or is better) than what you should get under the formal compensation scheme.