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Delayed installation - Provisional Installation Date clause beware!

spine
Tuning in

My installation was delayed 83 days from the initial install date (was moved 4 times).

https://community.virginmedia.com/t5/Managing-Your-Account-Cable/Installation-Delay-Nightmare/td-p/5...

However, I was given 8 days credit (based on the last date it was moved to) based on automatic compensation scheme.

I put my case forward to the Communication Ombudsman and they ruled in favour of Virgin media as at the time I took the order I had signed up the "install date was provisional" as indicated in the contract summary sheet which they presented.

So I'm pretty sure anyone who signs up will initially get a provisional install date (which is fair enough) but one which can be moved endlessly for whatever reason seems a bit unfair if you are tied down to contract and probably subject to cancellation admin charges - which is seems so unfair.

I do have a question though regarding the 14 day cooling off period - which I did query with the case handler - given that in the terms and conditions:

"If you wish to cancel your Virgin Media services you have FOURTEEN days from the later of:
(i) the day after the delivery of the equipment;
(ii) the service start date; or
(iii) the day you receive your contract.
By approving your order, you are also agreeing to your services starting as soon as possible"

The case handler said that the 14 day cooling off period would only begin on the day the service starts regardless.

As I received the contract on day of the order would somebody be able to clarify (for future reference - it would help to decide how to proceed if fallen foul again to ongoing delayed installations):

Would additional charges be incurred (e.g.. admin charges etc. like you get with insurance companies if you cancel within the so called 14 day cooling off period).

1. If I cancel the order before the first provisional install date if it was was more than 14 days ahead of the order date?

2. If I were to cancel the order any time if the provisional dates are moved forward?. Bearing in mind you'll get first get notified that there is a delay, then be given a install another install date each time (how will the cooling off period apply here?).

Hopefully my case may be able help others how to proceed if they are unfortunate to face the same situation I did.

Perhaps its the luck of the draw on the case handler I got - but nevertheless I am aware that the communications ombudsman are funded by the providers who'd join the scheme - I can't help but notice the similarity of the appeal process for private parking tickets ie. after disputing with the parking operator - the appeal process goes to an organisation which is funded by the same parking companies (and success rate are not too good for the motorist!) but I let you draw your own conclusions.

1 ACCEPTED SOLUTION

Accepted Solutions

Cardiffman282
Knows their stuff

I would appeal the Ombudsman's decision on the point of "provisional" installation dates.

This is a made up VM term that does not feature at all in the provisions for automatic compensation that Ofcom has set out in its full code of practice https://www.ofcom.org.uk/__data/assets/pdf_file/0026/216962/Industry-Code-of-Practice-for-Automatic-... 

Appealing: https://www.commsombudsman.org/faqs

I'm not a Very Insightful Person (just a little bit, sometimes). I don't work for Virgin Media (but then nor do any of the offshore customer service agents).

See where this Helpful Answer was posted

7 REPLIES 7

Ayisha_B
Forum Team
Forum Team

Hi @spine 

Welcome to our Community Forums and thanks for your post. 

I am sorry you've not had the best experience with us. 

To clarify, the 14 day cooling off period doesn't start until everything is installed and activated so if you do cancel within this cooling off period, you won't incur any fees.

Let me know if I can help with anything else.

 

Ayisha_B
Forum Team

New around here? Check out the do's and don'ts, in our Community FAQs


spine
Tuning in

Could you clarify the below -

Would additional charges be incurred :

1. If I cancel the order before the first provisional install date if it was was more than 14 days ahead of the order date?

2. If I were to cancel the order any time if the provisional dates are moved forward?. Bearing in mind you'll get first get notified that there is a delay, then be given a install another install date each time (how will the cooling off period apply here?).

Cardiffman282
Knows their stuff

I would appeal the Ombudsman's decision on the point of "provisional" installation dates.

This is a made up VM term that does not feature at all in the provisions for automatic compensation that Ofcom has set out in its full code of practice https://www.ofcom.org.uk/__data/assets/pdf_file/0026/216962/Industry-Code-of-Practice-for-Automatic-... 

Appealing: https://www.commsombudsman.org/faqs

I'm not a Very Insightful Person (just a little bit, sometimes). I don't work for Virgin Media (but then nor do any of the offshore customer service agents).

Hi @spine
Thank you for your update on this, I can see you have posted on this previously, I am sorry that this is not the outcome you would have liked. I can look into this for you further, I will pop you over a PM, please keep an eye out for the little envelope 👀📩
Thanks,
Zoie

The Ombudsman case manager said their decision was final - If I did not agree I would have to pursue via other means.

Obviously, I can complain about the service of the Ombudsman - but it wouldn't  affect the decision they have already made.☹️

 

They state "In a limited number of circumstances you may be able to appeal our decision, if new evidence has come to light since you submitted your dispute or if a material error has been made."

A material error has clearly been made in your case as they have demonstrably failed to properly cross reference the full Ofcom code of practice for any suggestion of "provisional" installation dates as possible get outs for the payment of delayed installation automatic compensation (spoiler: there is none).

I'd now go Citizens Advice to escalate it https://www.citizensadvice.org.uk/

I'm not a Very Insightful Person (just a little bit, sometimes). I don't work for Virgin Media (but then nor do any of the offshore customer service agents).

Thanks for that - that's very helpful. I just feel that taking on large corporate organisations alone can seem so daunting!

I have a bit more confidence to challenge the decision now 🙂! Lets see what the outcome will be - as may help others in similar situations.