Escalating Complaint

[MrsB3]

We moved 17th August and we are still waiting for installation. Very long story, short, we are waiting for a permit for traffic lights from 3rd party contractors. When we first had installation booked we had a date immediately, (even though they didn’t turn up) but now they have left this open ended? After many, many frustrating phone calls we’ve only just been given a Case Ref no. So now they have another 8 weeks for it to be resolved. Nobody seems to want to help. We were even told to find another provider. Our neighbours have Virgin but we can’t? This is unbelievably stressful. 

[goslow]

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@MrsB3 wrote:

We moved 17th August and we are still waiting for installation. Very long story, short, we are waiting for a permit for traffic lights from 3rd party contractors. When we first had installation booked we had a date immediately, (even though they didn’t turn up) but now they have left this open ended? After many, many frustrating phone calls we’ve only just been given a Case Ref no. So now they have another 8 weeks for it to be resolved. Nobody seems to want to help. We were even told to find another provider. Our neighbours have Virgin but we can’t? This is unbelievably stressful. 

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If you browse through the topics on this forum, you will find many similar unlucky customers who have been hit with the same kinds of problems.

You will be entitled to compensation as below

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

noting though that VM can legitimately deduct compensation when a delay is caused by a third party. The deductions only apply though to the period of time lost due to the third party e.g. if you have to wait ten days for your installation and VM has to wait 3 days for a council street works permit VM can deduct 3 days and has to pay you for 7 days' delay.

The key reference point is the first 'installation date' that VM gave you in writing when you first signed up. This will be described along the lines of when a 'technician will call to install your equipment and activate your services'.

You may possibly have been given two dates, one first of all to install the cable and a second for the installation/activation date. It is the installation/activation date that is relevant for calculating compensation (see para 9 from the link above).

Don't be put off by any (mis)information from VM advising that compensation cannot be applied as the installation date was only 'provisional'. There is no reference to such a thing in the document above. VM seem to have extrapolated this idea from some of the limited circumstances when they can avoid paying the compensation (para 40 above)

You could also start making your own enquiries as to whether the permit for any street works has even been applied for by contacting your local highways authority and asking if VM, or its sub-contractors, has made such an application for your work. In a similar past topic on here, a customer was told by VM of a delay waiting for a permit only to ring the council themselves and discover no such permit had been applied for.

You could also check if anything is showing here

https://one.network/

for your postcode. The site is not terribly reliable in showing every/all works but you could give it a try.

When was the last update you had from VM about the installation?

There have also been more than a few past cases on here when VM simply cancelled the installation (as it was not going to be cost effective for them) but didn't actually inform the customer-in-waiting that they had been cancelled!

[Andrew-G]

noting though that VM can legitimately deduct compensation when a delay is caused by a third party. 

That's incorrect.  Summarising the Ofcom Code of Practice to what's relevant here, VM can refuse to pay compensation only where (a) the customer has caused or contributed to any delay, or (b) for to complete the install would break the law.  This last one is essentially saying that VM can't be held accountable for delays in council permits for roadworks, or those caused waiting on land owner/landlord permissions and wayleaves.

Delays on installs are usually caused by third parties (VM's useless subcontractors) that's not a permitted excuse for reducing or refusing to pay the automatic compensation.  VM have bad form for sometimes insisting that they didn't have the necessary permissions to do pavement or road digging.  That is a valid defence, but they are still liable for delays if they didn't promptly apply for necessary permits, and all delays after getting one.  Since they'd have around fourteen days from you ordering there's no excuse for not applying in a timely manner, and most councils issue the necessary Section 50 permit in a couple of days.  If this becomes relevant, contact your local highways department and ask when VM asked for an S50 permit close to your address, and when it was issued.  Any problems after a formal complaint, or any messing around trying to blame the council, then read up on how to involve the industry complaints adjudicator, CISAS. 

If there's a need for traffic lights, then the cost of the installation is very likely to exceed the budget that VM set*, and may already have been cancelled, or may be cancelled in due course.  If VM cancel they still owe you compensation for the delay from the first promised date through to thirty days after they issue a formal "cease notice".  A cease notice is not the same as just cancelling the contract, it's a formal notice that they do not intend to keep paying the automatic compensation.  Have you seen such a notice? Thought not, in which case the clock keeps ticking, and then there's the thirty days extra as per the Ofcom rules as soon as they do.

* Not specifically the hire of lights alone, but the cost of hire, setup of signs and traffic management, the implied higher cost of working in or near the road carriageway, plus the cost of the S50 permit itself which is usually a few hundred quid.

[goslow]

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@Andrew-G wrote:

noting though that VM can legitimately deduct compensation when a delay is caused by a third party. 

That's incorrect.  <snip>

Yes, quite right! Improvement in my own proof reading required!

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[MrsB3]

Thank you so much for your time. Yes I have been in touch with the contractor who were initially very helpful, but we are no further forward. I will try the council! Thank you again! 

[Natalie_L]

Hi MrsB3, 

Thank you for posting to us here on the community. 

I am very sorry to hear you are experiencing a delay with the installation of your services, I appreciate this must be frustrating.

I would like to take a look at this from our side and provide you with any available updates. 

To do this, I will just need to take a few details via private message. This will be available via the purple envelope on the top right of this page. 

Speak soon,