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Compensation/legal action against virgin media

daks22
On our wavelength

To summarise a very long stressful and frankly ridiculous situation.

I haven't had any internet with virgin media for the last 2 weeks, and I still have at least 2 more to endure; I think it's time to escalate this matter to a third party arbiter. 

If anyone has any recommendations on whether to go straight to small claims court, or contact the ombudsman services that would be helpful.

What are the steps I need to take to resolve the issue, in the process of escalating?

I have made a formal complaint to virgin. Twice. I will soon send a written complaint by post. What's next?

 

1 ACCEPTED SOLUTION

Accepted Solutions

OK right, tell me are you still paying every month? In a way, if you are then that's actually good news in the long term. Firstly the new contract is perfectly normal, contract is to supply a service to a particular address, not to an individual, new address, new contract, although in this case the terms of the contract are, or at least should be altered to reflect the length of time left on the original contract - this sometimes get 'overlooked', shall we say, but we'll cross that bridge when we come to it!

So, effectively, you moved and VM confirmed that they can supply the same service at the new address, fine. You move but discover that you actually have no working service at the new address even though you gave VM (presumably) adequate notice, yes. This will come under 'continuity of service' so it is equivalent to you still being at the old address but the entire provision has failed. In this case you are entitled to £8.40 per day from the day you moved until you either cancel (incidentally, how far into the minimum 18 month contract were you) or VM connect you up?

What I would be tempted to do is firstly DO NOT cancel any Direct Debit, let VM take the money for no service, yes I know it sounds bad but trust me. Secondly set yourself a deadline, ie if it's not installed by x date, then you'll kick off properly, in the meantime can you sort out a temporary connection, a 4G/5G setup on a rolling monthly contact to tied you over maybe?

When the deadline passes and you have had enough, you raise a compliant in writing to VM at their Sunderland office, demanding an immediate release from contract without penalty, a waiver of the normal 30 days notice, payment in full of the £8.40 per day, and £75 as recompense for the poor handling of your case, lack of any meaningful communication plus the need to make temporary alternative provisions.

This complaint will be treated with VM's usual degree of care and attention to their customers, ie it'll be ignored or you'll be told you aren't entitled to anything or offered a 'we're really sorry about this and feedback will be given, now do one', sort of response. If and when this happens, that's fine, just reject any 'resolution', demand a 'deadlock letter', this request will also be ignored, wait eight weeks and then escalate it to the Ombudsman service, and when you petition them, you ask for all the above plus £150-£200 compensation for their wilful refusal to allow you to leave, failure to pay the OFCOM mandated compensation and the inconvenience you have suffered by having to escalate it.

Unfortunately, right now, VM haven't actually done anything wrong, the forum team have absolutely no insight into nor influence over when or whether or not you get connected. The Ombudsman service have no power to compel VM to do anything at all, until and unless they fail to pay the proper compensation owed as per the regulations.

See where this Helpful Answer was posted

35 REPLIES 35

daks22
On our wavelength

Did this get resolved? My current problem is somewhat similar. Constantly delaying installation which means no internet for a month for me.

Looking to get 3rd party arbiter involved.

Anonymous
Not applicable

Can the forum help with the technical issues?

Either way demand a deadlock letter and then escalate to Ombudsman Services as well as ensuring you get every penny of automatic compensation due for complete loss of service from VM. 

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

goslow
Alessandro Volta

@daks22 wrote:

To summarise a very long stressful and frankly ridiculous situation.

<snip>


If you are waiting for an installation from VM as a new customer, then complaining to the ombudsman won't necessarily move your installation along any faster as the ombudsman cannot compel VM to install.

If you read through this forum you will find topic after topic about VM's bungling installation processes and long delays for some customers.

Usual advice is to put in place some kind of temporary connection on a rolling monthly basis to keep you connected while you wait for VM (some sort of mobile 4G/5G connection on a rolling monthly contract or an Openreach connection on a rolling monthly contract).

Make sure you are keeping detailed records of all events and comm's with VM and its contractors for any compensation claim. Most important of these is to capture a record of the first installation date VM gave you when you first placed your order (which is the one where the VM tech was booked originally to install your equipment and activate your services, not the first cable pull date). Your original technician/activation date, confirmed in writing, when you first placed your order is when any compensation should be applied from.

-tony-
Alessandro Volta

@daks22 wrote:

To summarise a very long stressful and frankly ridiculous situation.

I haven't had any internet with virgin media for the last 2 weeks, and I still have at least 2 more to endure; I think it's time to escalate this matter to a third party arbiter. 

If anyone has any recommendations on whether to go straight to small claims court, or contact the ombudsman services that would be helpful.

What are the steps I need to take to resolve the issue, in the process of escalating?

I have made a formal complaint to virgin. Twice. I will soon send a written complaint by post. What's next?

 


from your other post its an install delay - assuming you had an original install date then you are due compensation of £8.40 a day until they actually install - you will get the run around and they will try not to pay using excuses like provisional date and council permissions - thats rubbish and you will get help from forum members if it comes to that

BUT if it is an install delay you can do nothing but wait - VM can walk away from the install if they so choose - they would still have to pay you compensation plus a further 30 days if they do officially walk away

the arbitrator can do nothing and there is no legal legal case - theres plenty of others who have been down this path - the longest we know of is 13 months - thats as it is - you can tub thump and ring all you want it will do nothing - you are dealing with an organisation that cares not a jot for their reputation so take it as it is or find another isp

BUT do not cancel - take the £8.40 a day until the end - whatever that is

____________________

Tony.
Sacked VIP

daks22
On our wavelength

@goslow @-tony- 

I'm an existing customer, just moved to a new flat and brought services with me. I'm treated like a new customer and they set up a new account for whatever reason, but my initial install was 28th jan, it's been cancelled and recanceleld until 7th march.

They've set up no alternatives, and have refused me a sim card with data or a dongle in the interim.

So, im just without internet. It's still mid-problem so im just keeping a history of comms. Probably won't be able to take any real action until i get the deadlock letter and that could be another 6-7 weeks.

Just planning ahead... because I know they are going to do their best to give me nothing. 🙂

Your flat must be serviceable to allow you to keep your services. Is there any socket or even a cable poking through the wall?

--
Hub 5, TP-Link TL-SG108S 8-port gigabit switch, 360
My Broadband Ping - Roger's VM hub 5 broadband connection

yes. plenty of sockets. There's previously been broadband in the flat and there's wires in place

 

 

 

 

goslow
Alessandro Volta

@daks22 wrote:

yes. plenty of sockets. There's previously been broadband in the flat and there's wires in place


So you have taken your existing VM equipment with you in expectation of a DIY 'Quick Start' installation of plugging it in yourself to existing VM cabling and it hasn't worked? Is that right?

Have you had a VM tech out to investigate why or is the delayed 'installation' date (to get a VM tech out) something that has been conjured up on the phone with VM support?

OK right, tell me are you still paying every month? In a way, if you are then that's actually good news in the long term. Firstly the new contract is perfectly normal, contract is to supply a service to a particular address, not to an individual, new address, new contract, although in this case the terms of the contract are, or at least should be altered to reflect the length of time left on the original contract - this sometimes get 'overlooked', shall we say, but we'll cross that bridge when we come to it!

So, effectively, you moved and VM confirmed that they can supply the same service at the new address, fine. You move but discover that you actually have no working service at the new address even though you gave VM (presumably) adequate notice, yes. This will come under 'continuity of service' so it is equivalent to you still being at the old address but the entire provision has failed. In this case you are entitled to £8.40 per day from the day you moved until you either cancel (incidentally, how far into the minimum 18 month contract were you) or VM connect you up?

What I would be tempted to do is firstly DO NOT cancel any Direct Debit, let VM take the money for no service, yes I know it sounds bad but trust me. Secondly set yourself a deadline, ie if it's not installed by x date, then you'll kick off properly, in the meantime can you sort out a temporary connection, a 4G/5G setup on a rolling monthly contact to tied you over maybe?

When the deadline passes and you have had enough, you raise a compliant in writing to VM at their Sunderland office, demanding an immediate release from contract without penalty, a waiver of the normal 30 days notice, payment in full of the £8.40 per day, and £75 as recompense for the poor handling of your case, lack of any meaningful communication plus the need to make temporary alternative provisions.

This complaint will be treated with VM's usual degree of care and attention to their customers, ie it'll be ignored or you'll be told you aren't entitled to anything or offered a 'we're really sorry about this and feedback will be given, now do one', sort of response. If and when this happens, that's fine, just reject any 'resolution', demand a 'deadlock letter', this request will also be ignored, wait eight weeks and then escalate it to the Ombudsman service, and when you petition them, you ask for all the above plus £150-£200 compensation for their wilful refusal to allow you to leave, failure to pay the OFCOM mandated compensation and the inconvenience you have suffered by having to escalate it.

Unfortunately, right now, VM haven't actually done anything wrong, the forum team have absolutely no insight into nor influence over when or whether or not you get connected. The Ombudsman service have no power to compel VM to do anything at all, until and unless they fail to pay the proper compensation owed as per the regulations.