Compensation advice please.

[Frustrated-x10]

My initial installation was the 2nd Feb 2023, on the contract it does state "provisional". 

That was cancelled and I had a new date of 20th Feb 2023, then 30th March 2023 then another month delay to 28th April 2022, by then I'd had enough of being messed about and lied to so rang up on 5th April 2023 and cancelled my installation and went back to Sky.

I then wrote a letter and sent it to Virgin confirming cancellation and setting out how much was owed, which was 63 days in total.

I had a phone call today saying they will only pay compensation from 20th Feb 2023, as the original installation date was only provisional, so that's 44 days total, this has been added to my account then will be transferred to cheque and sent to me. This will be confirmed by letter.

Are they correct with the provisional date not counting as a start date, or should I request a deadlock letter and go on to ombudsman services?

Many thanks for any advice.

[Andrew-G]

Made up excuses about "provisional dates", about it all being the council's fault, about it not deserving compensation because it's a two man job, even because "VM can't afford it", we've heard them all in this forum.  Seems the practice of trying to evade the obligations under the automatic compensation scheme have been institutionalised at VM.

Request a deadlock letter and take it to Ombudsman Services, and add a further claim for £70 for the deliberate attempt to circumvent the regulator's rules.

[goslow]

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@Frustrated-x10 wrote:

My initial installation was the 2nd Feb 2023, on the contract it does state "provisional". 

<snip>

Are they correct with the provisional date not counting as a start date, or should I request a deadlock letter and go on to ombudsman services?

Many thanks for any advice.

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VM has invented this idea of a 'provisional' installation date. The word 'provisional' does not appear anywhere in the OFCOM minimum requirements document

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

VM's own T&Cs do mention it at para 1

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

This seems like a fairly shameless way for VM to try to absolve itself of paying a full amount of compensation. It seems (IMHO) to be a deliberate attempt to bypass paying out as per the spirit and aims of the OFCOM scheme (namely that suppliers should give a reliable installation date to waiting customers and pay a financial penalty if the supplier fails to meet the advised installation schedule).

The OFCOM doc does use the words 'the date initially confirmed in writing with that customer' (para 9). Varying emphasis on the word 'confirmed' could produce a varying interpretation of the meaning.

In this topic (where the customer was awarded compensation) the adjudicator seems to hint at the possibility of being willing to consider the idea of a provisional date (but VM failed to advise the date was provisional in that case)

https://community.virginmedia.com/t5/QuickStart-set-up-and/Compensation-awarded-by-CISAS-after-faile...

An adjudicator at Ombudsman Services may come to their own conclusion

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

I think the question of when the compensation applies from would best be directed at OFCOM

https://www.ofcom.org.uk/about-ofcom/contact-us

for clarification as VM's own T&Cs seem IMO to be a deliberate attempt to bypass the aims, spirit and intention of the compensation scheme.

Alternatively, or in addition, put through your claim to Ombudsman Services. If the disputed amount is 19 days (approx £100 in compo) it is likely to cost VM more than that in adjudication fees. It won't cost you anything other than time/effort to test the case of the 'provisional' installation date concept.

[jpeg1]

This attempt to avoid paying compensation really does need to be tested with Ombudsman Services, before VM starts applying 'provisional' to all appointments. 

[Frustrated-x10]

Thanks all,

I've contacted Ombudsman services but they said my original complaint to Virgin about delayed installation has not been 8 weeks till this Friday.

Only then can I be assigned a case officer who may be able to explain this "Provisional" date that seems open to interpretation.

I'll definitely follow this through to the end and update along the way.

[jpeg1]

Thank you. This is an important case, the thin end of a wedge. 

[Lee_R]

Hi @Frustrated-x10 thanks for posting.

I can see that you're currently liaising with my colleague Alex.  I will therefore leave you in her very capable hands. If you can respond to her private message, she will get back to you when she's online.

Regards

Lee_R

[Frustrated-x10]

Just a quick update.

My case has been accepted by Ombudsman Services.

Awaiting Virgin action, they have till the 19th May to respond.

The opinion of the case officer initially, is that Virgin are within their rights to give a original provisional date that would not be classed as start date for compensation, but the installation date received after in the Virgin app/orders and appointments, confirming said time and date of installation might well superceded the provisional wording.

Will continue to update when notified.

[Frustrated-x10]

I've finally had a reply off Virgin through Ombudsman services offering 61 days@£5.25, I initially thought the first day of installation counted as day 1, and cancellation date as day 63, but neither count as compensation so 61 days it is.

Payable by cheque within 28 days.

I'm more than happy with that outcome.

Dealing with Ombudsman services was easy as long as you keep all details, screenshots etc.

So Virgin will eventually pay compensation from initial installation date, even though they put "provisional" 2nd February on mine. It was backed up with screenshots of the appointment details on the Virgin app showing engineers visit to connect services 2nd February also.

Good luck to anyone else going through this. Persevere and you will win.

[goslow]

Well done for sticking with it and getting an outcome which was acceptable to you. Your feedback of the result is useful to others in the future who have to deal with the same issues.

Did you get any clarification in the adjudication as to why the adjudicator ignored VM's 'provisional' wording?