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Do Pre Pull days count towards Delayed Installation Compensation

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Elixir101UK
Tuning in

on ‎16-09-2023 10:43

To cut to the point fairly quickly, as this seems to be a very common issue, VM delayed my installation (several times) from the original install date to finally installing 47 days later after the original date, however they have only compensated me, as per the compensation rates of their delayed installation policy (£5.83 per day), for just 15 days. When trying to speak to their various agents about this, they've given their usual confused, inconsistent, and meaningless responses, but one thing one of them mentioned was particularly interesting, they said that I couldn't have the full compensation because 32 of the 47 days they delayed my installation were "Pre Pull" days.

So my question is, are they right, do they not have to pay any compensation for Pre Pull days? Or is this just another one of their fob-offs to try and dodge out of paying money that they rightfully owe to their customers?

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goslow
Alessandro Volta

‎16-09-2023 11:52 - edited ‎16-09-2023 11:55

VM has invented the idea of a 'provisional' installation date. There is no mention of the word 'provisional' in the OFCOM minimum requirements document.

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

which you should familiarise yourself with.

Instead refer to para 9 of the above which talks about 'the date initially confirmed in writing' to 'activate a customer’s fixed line or broadband service'.

In VM's comm's this will typically talk about a tech visiting to install equipment etc. as per example image here

https://community.virginmedia.com/t5/QuickStart-set-up-and/Very-disappointed-Virgin-cannot-install/t...

Sometimes VM gives two dates, one for the cable work outside and one for the equipment installation as per example image below

https://community.virginmedia.com/t5/Forum-Archive/Install-date-date-can-I-have-an-honest-answer/m-p...

In this example it is the second date that is the installation date

You may find VM will try to amend the 'the date initially confirmed in writing' as it goes along to minimise any compensation pay-outs.

Several past topics, similar to your own, have gone to arbitration where the claim of the 'provisional' installation date was dismissed either because VM never made it clear to the customer that the date was 'provisional' or VM kept issuing further installation dates even though there was no prospect of those dates happening until a cable had been installed.

Much will depend on your individual circumstances and what information you were given as you went along but, as you have correctly identified, the information about compensation given out on the phone by VM staff is often a series of confused, inconsistent, and meaningless responses. This is what weakens VM's case when that same weak info is put to an adjudicator.

There are a steady series of reports on here where customers have gone to arbitration and been awarded full compensation, despite VM telling them otherwise.

So, would suggest that you put together a timeline of your installation, with accompanying evidence, and work out what you think you are due from VM according to the compensation scheme.

You then need to make a formal complaint to VM if you think the compensation is incorrect (a required first step) before escalating to arbitration if necessary (which is almost a certainty you will need to do this) if/when VM fails to resolve and issues you with a deadlock letter or after 8 weeks has passed since you first complained.

https://www.commsombudsman.org/

See where this Helpful Answer was posted

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goslow
Alessandro Volta

‎16-09-2023 11:52 - edited ‎16-09-2023 11:55

VM has invented the idea of a 'provisional' installation date. There is no mention of the word 'provisional' in the OFCOM minimum requirements document.

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

which you should familiarise yourself with.

Instead refer to para 9 of the above which talks about 'the date initially confirmed in writing' to 'activate a customer’s fixed line or broadband service'.

In VM's comm's this will typically talk about a tech visiting to install equipment etc. as per example image here

https://community.virginmedia.com/t5/QuickStart-set-up-and/Very-disappointed-Virgin-cannot-install/t...

Sometimes VM gives two dates, one for the cable work outside and one for the equipment installation as per example image below

https://community.virginmedia.com/t5/Forum-Archive/Install-date-date-can-I-have-an-honest-answer/m-p...

In this example it is the second date that is the installation date

You may find VM will try to amend the 'the date initially confirmed in writing' as it goes along to minimise any compensation pay-outs.

Several past topics, similar to your own, have gone to arbitration where the claim of the 'provisional' installation date was dismissed either because VM never made it clear to the customer that the date was 'provisional' or VM kept issuing further installation dates even though there was no prospect of those dates happening until a cable had been installed.

Much will depend on your individual circumstances and what information you were given as you went along but, as you have correctly identified, the information about compensation given out on the phone by VM staff is often a series of confused, inconsistent, and meaningless responses. This is what weakens VM's case when that same weak info is put to an adjudicator.

There are a steady series of reports on here where customers have gone to arbitration and been awarded full compensation, despite VM telling them otherwise.

So, would suggest that you put together a timeline of your installation, with accompanying evidence, and work out what you think you are due from VM according to the compensation scheme.

You then need to make a formal complaint to VM if you think the compensation is incorrect (a required first step) before escalating to arbitration if necessary (which is almost a certainty you will need to do this) if/when VM fails to resolve and issues you with a deadlock letter or after 8 weeks has passed since you first complained.

https://www.commsombudsman.org/

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Elixir101UK
Tuning in
In response to goslow

on ‎17-09-2023 20:29

Great response @Goslow, lots of good information. As per the ideas shared on some of those links, I have decided I will raise a dispute / complaint through several channels, namely CEDR, CISAS, and the Communications Ombudsman, and I will even complain directly with VM themselves, even though that one sounds like it will just disappear into the VM dark abyss, straight from their inbox to the bin

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goslow
Alessandro Volta
In response to Elixir101UK

on ‎17-09-2023 20:33

You have to go through VM complaints first of all (a required first step but unlikely to result in anything useful)

https://www.virginmedia.com/help/complaints

After 8 weeks or earlier if you receive a deadlock letter from VM you can go to the ombudsman which is

https://www.commsombudsman.org/our-process

(CEDR/CISAS are no longer used by VM)

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Elixir101UK
Tuning in
In response to goslow

on ‎18-09-2023 11:16

Thanks @Goslow for those extra tips and sharing the links to those successful outcomes for encouragement. I will definitely start with raising an official complaint directly to VM. I think like many others have said on here, I likely won't renew at the end of the contract, partly because of cost, but also because they obviously are a bunch of cowboys, and also the broadband service itself isn't actually that great anyway, I'm getting regular network drop outs, and bad Wifi connectivity in other rooms in the house, in what is just a small home, never experienced these issues with previous providers

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Elixir101UK
Tuning in
In response to Elixir101UK

on ‎21-09-2023 19:12

Oh the genius that is VM, having posted the above about how their outages are annoying, now their network is completely out, definitely not worth signing up if a regular, steady service can't even be provided:

Looks like there are issues in XXX XXX which might affect you

There's a broadband issue in XXX XXX.

Thanks for your patience while we work to fix things as quick as we can.

If one of the issues below is causing you to have no broadband service, let us know as you may be eligible for compensation.

We hope to fix this by 22 September at 3:45

Our technician is in your area and is working to fix things.

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Steven_L
Forum Team
Forum Team
In response to Elixir101UK

on ‎24-09-2023 09:10

Sorry to hear of your ongoing connection problems Elixir101UK, has your connection now been restored and working as it should be after the area outage?

Kind Regards,

Steven_L

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Elixir101UK
Tuning in
In response to goslow

on ‎03-12-2023 22:21

Update: My case has reached a satisfactory conclusion, it didn't even have to go beyond the complaints stage as VM contacted me with an offer (which equates to several months of free internet), and I accepted. I was polite and simply presented them the facts, the timeline and dates of emails they sent me during the installation process. Thank you @goslow for your help and inspiration. 

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goslow
Alessandro Volta
In response to Elixir101UK

on ‎03-12-2023 22:46

Glad to hear you got it resolved to your satisfaction and thanks for posting your feedback of the outcome on here.

It helps to be able to refer future customers to previous successful outcomes in past cases as it offers others encouragement that it is worth fighting the fight with VM to get paid what is owed.

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