Automatic compensation not applied and no accurate records of fault

[relativA]

Hello to everyone, and happy new year.  I'm posting here after months of trying to get an issue resolved over the phone and via email...  As things stand, I have to tell the whole story to the customer service operators and managers to whom I speak, and they seem to have no accurate records of what happened.  They also claim I have no right to compensation, although - given the circumstances - I have no idea how this claim can be justified.

My broadband (and phone) were not working at all for two months in the summer.  Previously, there had been connection problems, including very slow uploads, but during this period I had no internet or phone at all.  I had three visits from technicians (plus two occasions where they did not turn up) and there were numerous visits not requiring access to my flat (I have no idea if these ones took place, but the problem wasn't resolved in any case).  I was told there was an issue with my line, and possibly with the cabling outside my property.  On two occasions, I accompanied a technician looking in the boxes (in the street outside my block; there are three) for the correct cable (there was apparently an issue with connections not being labelled).  In any case, nothing helped until a technician switched my line (located on the wall next to one of my windows) to that of a neighbour (as I recall).  This effectively solved the problem.  I had previously been told that a 'repull' was necessary, but I don't believe that was done in the end.  During the course of my outage, my Hub was replaced twice, although this had no effect.

While I was without internet, I phoned customer services approximately every two days (I have records of this).  On no occasion did I receive promised call backs and, although the agents I spoke to were always pleasant and clearly wanted to help, they generally just told me the problem would be solved and that I needed to wait.  I followed up on the various site visits I'd been told would happen, and on at least two occasions these apparently did not take place.  Indeed, I've been told the 'repull' is, after several months, still scheduled.  Clearly there are some problems with record-keeping.

Having received only automated replies to emails enquiring about a refund or compensation for the period during which I had no internet or phone at all (something acknowledged at the time by Virgin Media customer service agents, managers, and technicians), I was eventually (on 20 August) offered a credit of £20, which would apparently be applied to my bill, but this was never forthcoming, and in any case didn't even represent the cost of my monthly bills over the period of having no service.

I attempted to raise this via the phone.  On 11 October, I finally spoke to someone (via 0345 454 1111).  We were on the phone for an hour and 18 minutes, during which time the agent first offered me two months's credit, and then directed me to Virgin Media's compensation policy.  I checked this while on the phone, and learned that I was - in fact - entitled to £8.40 for every day during which I had zero service.  The agent, eventually accepting the situation (and at several points speaking to a supervisor) told me I was entitled to £504 (I had not made any calculation), and assured me this would be applied to my next bill.  This never happened.  I also mentioned the times a technician didn't turn up when scheduled.

Since then, I've had a number of conversations with customer service, and - as I mention above - have always had to tell the story from the beginning.  A manager called me on 15 December and started the conversation claiming that I was not entitled to any compensation as my service had not been down.  This is incorrect, and is at odds with Virgin's sending of technicians (who confirmed the situation), escalating the issue to request a repull (I have texts supporting this), replacing the Hub twice, etc.  I asked the manager for details of what she was claiming was only a partial loss of service and she was unable to give dates (seemingly thinking the fault was current).  I spoke to another manager (who called me) on 27 December, and was told my repull was scheduled.  This seems odd, since I understood my service had been restored by other means.  Both managers also told me I wasn't entitled to automatic compensation because (to paraphrase) the compensation hadn't been automatically applied... Now, I have no idea why my total loss of service did not trigger this compensation, but it is objectively the case that I should be entitled to it, and the fact that the system apparently didn't work correctly doesn't change that fact.

Thank you for any advice or assistance.

[goslow]

Details (such as exact times, dates, specific work and actions from VM etc. etc.) are everything in trying to work out what compensation you might be due.

Familiarise yourself with the OFCOM doc here

https://www.ofcom.org.uk/__data/assets/pdf_file/0026/216962/Industry-Code-of-Practice-for-Automatic-...

and up to date rates of compensation here

https://www.ofcom.org.uk/phones-telecoms-and-internet/advice-for-consumers/costs-and-billing/automat...

These are OFCOM's baseline/minimum requirements. Suppliers such as VM have to publish their own schemes based on the OFCOM doc

https://www.virginmedia.com/legal/fibre-optic-services-terms-conditions/automatic-compensation

If you have a total loss of service (TLS) for either phone or broadband (or both together) then VM gets two clear working days to repair the fault before any compensation starts. TLS is defined in para 23. of the OFCOM PDF doc.

VM's agents on the phone are regularly reported on here to be totally clueless on how the compensation scheme is supposed to work and often (incorrectly) seem to invent their own compensation amounts based on monthly package costs.

If you did have no service for 2 months (60 days) that would indeed be £504 in compensation (60 x £8.40). There are some exceptions which VM can use to avoid paying the full amount in some circumstances (para 40 of the above OFCOM doc). These exceptions might reduce the total compensation but not eliminate it.

Have you submitted a formal complaint to VM via VM's complaints process? If so, what was the outcome of that?

Beyond VM there is the ombudsman ('Ombudsman Services') where you can complain.

As a first step though, you need to work out your own timeline and calculate what you think you are due (including exact days/dates of TLS, missed appointments by VM with less than 24 hours notice etc. etc.)

[relativA]

Thanks for the reply.

I have done various written complaints via the website, including one on 17 June in relation to the total loss of service.  I got automated responses (as was the case when, following restoration of service, I complained about how long that had taken...).  None of these shows up on the website when I look at my complaints history (i.e. only the most recent one appears; I made one such complaint again today), but I have emails.  I believe a manager or team has been assigned to my case, which has prompted the two phone calls from managers I mentioned in my original post, but they have been unfamiliar with the situation, starting their talk with a claim that I'm not entitled to anything.

[goslow]

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@relativA wrote:

Thanks for the reply.

I have done various written complaints via the website, including one on 17 June in relation to the total loss of service.  I got automated responses (as was the case when, following restoration of service, I complained about how long that had taken...).  None of these shows up on the website when I look at my complaints history (i.e. only the most recent one appears; I made one such complaint again today), but I have emails.  I believe a manager or team has been assigned to my case, which has prompted the two phone calls from managers I mentioned in my original post, but they have been unfamiliar with the situation, starting their talk with a claim that I'm not entitled to anything.

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If you have already made a complaint about not receiving the correct compensation for your TLS, then VM has up to 8 weeks to resolve your complaint. If VM fails to do that within the 8 weeks you can go to the ombudsman. If VM comes up with an unacceptable resolution within the 8 weeks, then you can reject the resolution and request a deadlock letter.

So, depending on when exactly you complained specifically about the non-payment of compensation you may already be past the 8 weeks. If you are still within the 8 weeks, and VM's 'resolution' is that they are not going to pay you anything, then you can reject the resolution and request a deadlock letter and go to the ombudsman.

VM has just switched to using Ombudsman Services for dispute resolution. You can run the details of your case past them

https://www.ombudsman-services.org/about-us/contact-us

and submit a claim as/if required

https://www.ombudsman-services.org/complain-now

Before doing any of the above though, wait for a reply from the VM forum team (usually within a few days on here) and see if they can do anything to help you. If they can, it might save further effort all around.

[relativA]

Thank you for your further help.  

As I should have mentioned in the original post, the conversation in mid December resulted in the manager offering to send a deadlock letter, but in the call on 27 December the manager said this was not possible because the 'repull' work is still scheduled (almost six months later).  As I wrote, the problem was in fact apparently resolved by other means in any case...

[Andrew-G]

 As I wrote, the problem was in fact apparently resolved by other means in any case...

Reading the thread I don't see that the appalling problems and any complaint about the shocking customer service have been resolved?  Have you got compensation, and have all performance problems been fixed, or are VM continuing to string you along?

[relativA]

Thanks for the message.  The connection was fixed (it's not perfect, but my internet works!), but no resolution at all of issues around compensation, more than six months since the problem arose...

[Alex_RM]

Hi relativA,

Thanks for posting, and sorry to hear of the issues you've had with the service. 

I'm glad to hear your Internet is now working, but so I can take a closer look at your complaint I'll need a few more details, I've popped you over a private message for this (purple envelope, top right hand corner)

Alex_Rm

[relativA]

I thought I'd give an update. Alex_RM was helpful, and finally got VM to recognise the situation. But, despite three long conversations with customer service, and give months on, I still haven't received the cheque I was promised early this year.

Staggering.

[Cardiffman282]

Tbh I haven't trawled the whole thread but if you haven't already bang it through to Ombudsman Services now. VM will just string you along indefinitely and seem to be getting increasing tardy about coughing up when they are obliged to do so.