Mis-sold Contract Over Phone - Help!

[adavison]

My 18 month Virgin Media Broadband contract was up for automatic renewal on the 19th of Jan 2022, so I wanted to pre-empt and either change contract or cancel. On the 26th of December I rang Virgin and was sold over the phone a new 18 month contract. Importantly the terms were read out and stipulated that I had a 14 day cooling-off period.

2 days later I decided to cancel, but met an impenetrable brick wall of resistance from every Virgin Media representative I connected with online—saying that the cooling-off applied only to new customers.

This is incorrect for a number of reasons:
• 14 day cooling-off is what I was sold on over the phone as part of the terms of my agreeing.

• No where in my written contract does it state the 14 day cooling off period applies only to new customers in this regard; not in any small print on my contract nor in the Virgin Media terms. In fact, it reiterates the cooling-off period in both.

• The 14 day cooling-off is also my statutory right to cancel with that period as part of the Distance Selling Act.

I have been with Virgin Media for more that a decade, but this has left me utterly frustrated and disappointed with the service I've received.

I really want to cancel this contract I have been mis-sold based on mis-information. Can anyone in the community or Virgin Mods aid me in getting this resolved and restoring my faith in Virgin Media? 

[goslow]

My understanding of the cooling off arrangements is the same as yours and I think you are in your rights to cancel the new contract.

Were you conducting the request to cancel via online chat, or similar?

If so, you would probably do better to try phoning in early first thing, for the best chance of getting through, and going via the 'thinking of leaving' route to hopefully speak to someone in the UK retentions (who will almost certainly try to 'retain' you but should also be able to cancel for you).

The VM forum team will reply here, usually within a day or two, but not sure they can deal with package changes/cancellations for you.

[adavison]

Much appreciate you sharing your  insight.

It was indeed over the online chat that my request have hit the wall multiple times. Just going round in circles.

[goslow]

Unfortunately the different branches and different locations of VM CS can give out wildly inaccurate and incorrect information.

Phoning in, as above, is probably your best bet to get a UK-based retentions person to cancel within your 14 days IMO.

[Kath_F]

Hi adavison, 

Thanks for your post and welcome to the forums. It's really great having you on board with us in the Community although I am sorry to hear you have decided to leave us. 

When changing your package, you do have a 14 day period in which to change your mind and revert back to your old contract. As you are an existing customer, the 14 day period wouldn't give you the right to cancel the services. Instead you would need to revert back to the contract you originally had, and then as you've mentioned this is due to end this month, the team can then take the 30 days notice to close the account with no early disconnection fees. 

This could be where the confusion lays. We don't disconnect accounts from here and are unable to do package changes. The best and quickest way to get things resolved is to speak to the team on 0345 454 1111 to get the package reverted back to your previous one. Once this is done, you can then speak to the Retentions team on the same number for them to go through the disconnection with you. 

Pop back and let us know how you get on. 

Thanks, 

[adavison]

Where in the contract or Virgin Media terms does it say it's new customers only?

https://www.virginmedia.com/shop/the-legal-stuff/terms-and-conditions-for-fibre-optic-services

Thanks in Advance,

[Andrew-G]

It doesn't.  Cooling off rights apply to all customers for the terms of any new agreement.  But the cooling off rights only cancel that new agreement, not any previous contracts.    

By exercising your cooling off rights, you revert to whatever agreement existed before between you and VM.  In the case of a new customer cooling off rights would cancel all services because there was no prior contract.  But as you were in the last few days of a previous fixed term contract, that's what you revert to, and that's what @Kath_F has explained, as well as explaining that to leave you need to exercise your cooling off rights and then cancel the old contract by providing 30 days notice.  That's what you agreed to, that's exactly what the T&Cs say, and that's legally enforceable.