Has anyone taken Virgin to small claims court over their refusal to stick to contract terms?
3 weeks ago
- last edited
3 weeks ago
Hi all. I entered into my Virgin Media contract by signing up using the deal of a Virgin Media student ambassador. The advertised deal was 100mb internet for £27 a month on a 12 month contract, plus a £25 shopping voucher. When I made my account I received a confirmation e-mail stating these terms. I also have countless screenshots of the sign up process confirming these terms.
1 month into the contract I went on my Virgin account page and noticed I was actually signed up for an 18 month contract for £28 a month with no voucher. This is obviously a problem as I signed up for a 12 month contract for a reason, which is I'd be moving out of my student property at the end of the 12 months. I'm now in a situation where I'll probably have to pay 6 months worth of early disconnection fees as I'll be moving to an area not serviced by Virgin Media. I estimate these fees will be around £135 which as a student I can't afford.
I contacted the company that does the student deals and the woman working there did manage to get my contract price switched to £27 a month as it should be, but my contract length is still 18 months with no voucher in sight. I made a complaint online to Virgin and provided screenshot evidence that I entered into a 12 month contract and they refused to accept it, even though it was literally a confirmation email from Virgin themselves stating £27 a month for 12 months with a £25 voucher.
I believe that Virgin Media are in breach of s.50(1) of the Consumer Rights Act 2015, which states that “every contract to supply a service is to be treated as including as a term of the contract anything that is said or written to the consumer, by or on behalf of the trader, about the trader or the service, if it is taken into account by the consumer when deciding to enter into the contract”.
I've complained to CICAS and they accepted my case but the deadline for Virgin to reply to is tomorrow and they still haven't said anything. I've read online that CICAS aren't always helpful as they're funded by the telecom companies so I'm now anticipating that they might not fix my problem and that I'll have to take Virgin to a small claims court for the money I'll lose by paying the early cancellation fees. I have no experience with this so I was wondering if anyone has had to do this and succeeded? My claim will probably have to be for the early disconnection fee + £25 for the voucher I never received.