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sueclift30
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New Verbal Contract Breach

Just over a week ago, we spoke to an agent who agreed to a new contract for us as we had an ongoing issue with our internet.  I agreed to all the terms and conditions over the phone and as far as I was concerned we were good to go come May when our contract is renewed.  However, I had to speak to someone else again the next day about the internet and I mentioned the deal and that I had not had an email, he said they had been having trouble putting the deals through due to working from home but that he would sort it for us.

Fast forward to today and still not had an email.  So I rang and was told the deal they could now offer me was £9 more expensive, I told them to listen to the recording with their agent as I have already entered into a deal as far as I am concerned for less and that as they have made a verbal contract with me that is the deal I expect.  I was told that the agent got it wrong and that he will be dealt with in house and that although they can listen to their recordings they still cannot offer me the lower deal.  I think legally they are obliged to as it was a verbal contract.  Can anyone advise please?

Thanks

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Andrew-G
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Re: New Verbal Contract Breach

These "didn't get the deal I agreed" situations happen from time to time.  However, your legal rights are crystal clear - information provided by a company verbally or written is binding if the consumer relies upon it when entering a contract (Consumer Rights Act 2015), so VM have to honour whatever was promised, whether they like it or not.  And perhaps they need to re-train some of their staff...

Hopefully the forum staff can pick this up and get it sorted - by which I mean that you get exactly the deal you were promised, not some less attractive compromise.  That would be the cheapest and quickest resolution for both parties, and the best way of trying to recover some goodwill in a bad situation.  If they can't get it sorted in that complete manner, you need to search, read and follow the Virgin Media Complaints Code of Practice.  Don't start a complaint until you've seen if the forum staff can get this sorted, because I believe they can't get involved once it has become a formal complaint. 

If you do need to raise a formal complaint (I suggest in writing, by recorded post), reject the contract they're trying to impose, and demanding that as per your legal rights the company honour what was promised, and pointing out that if the company can't honour its agreement you will escalate to the industry arbitration scheme CISAS as soon as permitted by the rules.  In the meanwhile, don't do anything daft like stopping your direct debit, that'll be recorded as a credit default, and opens up whole new realms of difficulty for you.  Don't worry if VM contact you claiming that they couldn't get hold of you, so will close the complaint if they don't hear to the contrary, this doesn't stop you being able to take the matter further.

If VM still won't honour the contract despite the complaint, or say they're going to close the complaint, then you follow the process and escalate to the industry arbitration scheme no sooner than eight weeks after your initial complaint was received by VM.  Explain the background and request that VM be required to give you the promised deal, fully backdated, and add on a request for compensation for the hassle.  Sadly that's not quick, and VM have up to eight weeks to resolve the complaint before you can go to CISAS, on the other hand your legal rights are very clear.

As I said earlier, hopefully the forum staff can get this resolved quicker and without the formality.

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Martin_N
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Re: New Verbal Contract Breach

Hi sueclift30,

 

Thank you for your post and welcome to the community. 

 

I'm truly sorry to hear about what has happened with your contract. 

 

We would like to look into this to see what we can do to assist.

 

What I will do is private message you so we can discuss this further. 

 

^Martin

sueclift30
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Re: New Verbal Contract Breach

Thank you for that info.  It is as I suspected.  Unfortunately, I have sent a complaint in but only via VM's online complaint form.  But I will not stop my DD, my contract is not due for renewal until the end of May anyway so I have some time to play with.

 

But thank you for the helpful info.  Appreciated.  Hopefully it will get sorted soon.

Thanks

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