missold and back on a contract

[RichieLondon]

Hi There - first time post so hopefully i dont offend anyone.

I was called 6 months ago to say that my broadband speed was being upgraded in the area and i would receive 1GB instead of 350MB speed for an additional £3. i though this was a good deal but, was weary of being tied into a contract again as i had experienced internet loss on a number of occasions (over the previous 12 months) as well as my phone line not working for 10 days to then discover they had upgraded the area and switched to VOIP (without informing me).

I asked the rep on the phone a number of times if she could confirm this upgrade in speed doesn't tie me to a new contract and she said No. I even asked her to check with her manager and was again given the same answer.

Long and behold, this weekend i called to see if i could reduce my package as my circumstances have changed only to be greeted by a cocky rep saying i couldn't do anything as i was in contract until next Sept (23). After i spent 5 minutes expressing this wasn't the case he told me simply that if i wanted to cancel i had to pay a cancellation fee of around £600. when i complained the phone line suddenly died....

I called again and asked for the retentions team but, they said that although they see my call on the date of the contract (which was me calling them again to check i wasn't in a contract) - apparently when they sent out the new router its new equipment and thus a new contract.

Personally - i feel so angry -  as i asked a number of times on the initial call and, followed up again to speak to another rep to triple check i wasn't in a contract. It's the principle of being lied to by a massive corp that gets me. I'm not told i cant reduce my package and that I'm in a contract for another year which is not what I agreed. I webnt through the whole of lockdown with 350MB and that was fine. I didn't request the upgrade - i was called by them and missold an upgrade - missold in that i specifically asked and said i didnt want to be in a new contract as the service was patchy and i may look elsewhere (and wanted that piece of mind to move if I chose to). The advisor in retentions was sympathetic and agreed with me on a lot of things but said there was nothing he could do as - im in a contract.

If anyone can point me in the direction of the next steps I could take I would be extremely grateful. Its so frustrating that companies can do this to you. I'm sure if i didn't pay the bill there would be repercussions for me.....

Thanks in advance for any help ion this matter.

[Andrew-G]

You've been lied to initially and then subsequently.  The subsequent element is that it would never be £600, because VM cap early termination fees at £288.  That's little comfort to you, but it does go to illustrate that VM telephone agents are incompetent and make things up as they go along.  This is because there's little or no training, no governance of quality control, no knowledge of prevailing UK law and regulation, and the third world locations used have a culture where making up an answer saves face compared to saying "I'm sorry I don't know".

In terms of the disputed upgrade terms, you should immediately make a subject access request for all call recordings.  I emphasise immediate because these are retained for a "minimum of six months" meaning VM might choose to delete them after that time.  Hopefully that produces the evidence you need, if it does then it's an open and shut case because any information a company provides that you rely upon when entering or during a contract, whether written or verbal becomes legally binding, as per Section 50 of the Consumer Rights Act 2015.

If VM have deleted the call recordings, then don't worry all is not lost.  The burden of proof in civil disputes is "balance of probabilities", which means that an independent reviewer needs to decide whether your account is true, or the account of the company that you must have agreed to be tied in.  The company's case is dramatically weakened if they have to say " oh, we did record all this, but we've deleted all that evidence".  A further avenue of argument would be if VM did not comply with distance selling regulations (and to be honest, VM are so inept that they generally don't).  Did they provide you beforehand the minimum length of contract, conditions for ending contracts, how you can cancel and when you would lose the right to cancel?  Note that this must have been provided by email or letter before the contract was agreed.  If they sent you some pro-forma contract laden with small print after you'd agreed, and hope to rely on that, then it can't be held to apply.  These are under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

Unless the forum staff wish to resolve amicably, then your way forward is to raise a complaint.  If you do need to raise a formal complaint (I suggest in writing, by recorded post as online and phone versions are unreliable), reject the contract they're insisting applies, and demanding that as per your legal rights the company honour what was agreed and remove the early termination fees, and make a generous goodwill gesture of say £150 for the distress and inconvenience, also pointing out that if the company can't meet your terms for resolving this matter 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.  

If VM still won't comply, you reject any "resolution", asking for a deadlock letter, and then escalate to the industry arbitration scheme CISAS, and you add a specific resolution request for the poor complaint handling, say an additional £100.  Not only does escalation to CISAS cost VM money (free to you, costs of several hundred quid are ALWAYS paid by the company) but it gets your case investigated and impartially heard by expert dispute resolution staff. 

You should of course do a short summary complaint for Ofcom.  If this should end up with CISAS and they uphold the complaint element about failure of prior notification of terms, then afterwards you should also contact Citizens Advice, and ask them to refer to Trading Standards for investigation and enforcement, as the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 are unusual in that the enforcement powers sit uniquely with Trading Standards.

[Megan_L]

Hi RichieLondon,

Thanks for using the forums to get this issue with your contract looked into, I am sorry if this has been causing some frustration. I would be more than happy to look into this for you. 

I completely understand your frustration and why you would not want to be locked in a contract if the future was so uncertain for you at the time. 

I'll send you a PM now so we can firstly get a formal complaint raised and also look into the notes of what has happened. 

Speak to you soon.

Megan_L