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Legal basis for cancellation notice period

david365
On our wavelength

I know that legally we have to give 30 days notice. I have tried to give notice more than 60 days ahead but they prefer not to accept it.

I sign many contracts with one or two months notice and normally the notice period is miniumum and earlier is still accepted. I think legally they have to accept it given earlier than 60 days. I have asked VM to clarify and they just point to the their T&C and say they will not accept notice. Interestingly I did this by chat and despite asking for a transcript none was sent.....

Does anyone have a legal brain that can address this. I am so fed up with Virgin I want to terminate when my contract ends and confirm it now.

I'll probably just write recorded delivery. Worth the cost of a stamp and recorded to put an end to the pain that is Virgin

David

7 REPLIES 7

goslow
Alessandro Volta

A further complication to this is that there have been a lot of topics on here recently where a customer gives 30 days' notice in the usual way to cancel but (for reasons as yet unexplained) they get cut of immediately or have one service (often the landline) cut off immediately. There then follows a process of administrative hell with VM trying to get services reinstated.

If you try to give notice a long way in advance, you may possibly initiate some similar kind of VM administrative bungling.

Number-6
On our wavelength

Doing it is writing is probably the best way - there is a degree of legal protection if things are done in writing, as long as you keep a copy of the letter, send it by registered delivery (signed for), in this way it is quite impossible for VM to deny that you cancelled. Post it no later than 3 working days before the 30 day deadline - this is important!

Odd that they try to point you to the Ts & Cs as these do actually specify that you need to give a minimum of 30 days notice. As long as it is a reasonable period than any time over that should be fine, what is reasonable isn’t specified in Law but should push come to shove, I’m sure that the Ombudsman service will accept that 60 days is.

In your place, I’d wait until, say, 45 days before your contract ‘ends’ - as you probably know it never actually ends - call VM and give notice, if they refuse to accept this, then make a note of it, record the time, maybe even record the conversation without informing them (this is perfectly legal to do, despite what others might claim) follow this up with a letter sent recorded delivery and see what happens.

There is a non-zero chance that VM will simply fail to cancel your contract and continue to bill you, if so it gets escalated to the Ombudsman service for adjudication and VM being ordered to refund you and pay compensation.

If I were a cynical person, I might well think that the VM support agents are ‘incentivised’ to tell people that they can only cancel exactly 30 days prior so that when they try to do so, there can be ‘technical phone issues’, you get cut off and your contract then runs for another month at least, at a higher price.

Cardiffman282
Super solver

The current Ts and Cs are silent on any supposed maximum notice period. It is almost certainly down to the archaic and decrepit billing systems VM chooses to stagger on with. 

---------------
Cancel VM here
Complain to VM
here
Demand compensation from VM here
Demand your call recordings here
Monitor the state of your VM connection here

spell
Knows their stuff

Legally you are absolutely entitled to give notice of cancellation at ANY time during the period of the contract provided of course that the agreed contract period is honoured.

VM of course do not recognise either consumer or lately criminal law and act only on their own made up policies which are basically geared only at their sole aim at of attempting to get more money for their coffers.

The latest made up policy is to accept cancellations up to two months before contract expiry - it used to  be three.

Of course now it will be according to the whim of the individual agent you speak to in accordance with the pressure put on them to get money.

Make sure you evidence every contact you have with this outfit which may be of use further down the line.

Daniel_Et
Forum Team
Forum Team

Hi @david365, thank you for your post.

We're sorry to hear you intend to leave us and about the problems you've been having when trying to do so 😔

In order to look into this for you further, we'll send you a private message on here. Look out for the envelope in the top right-hand corner.

If you're on a portable device with a smaller screen, click on the icon in the top right-hand corner and select "messages" from the additional menu options.

Regards,
Daniel 

david365
On our wavelength

Thanks Spell, I did a webchat where they said that they would not accept cancellation sooner than 60 days. I asked for the transcript to be emailed and entered my email address so I would have a record, but no transcript arrived. I am now raising a complaint. I assume VM will accept the notice now as otherwise I will go to the ombudsman. I doubt they will want that as they are unlikely to want a ruling on this.  Shame really that customer service is so poor. Most of the time I have been on a 350mbs contract I have got no more than about 80. It has currently gone up to the stated 350 but they have shown me I can manage with much less than that (Thanks VM) so I am planning on moving to Zen. I'll probably get about 40-50 with them, but that will be fine. Big plus too is they give a fixed IP as well as being cheaper which is great!