Installation issue?

[Raichu]

Hi, 

A cable has appeared going from my Virgin Media brown box on the side of my house to next doors property. 

What are my options here? 

No permission has been given and I have no idea if Virgin Media have done it as a lazy installation for next door or the new tenant has. I'm assuming you can't just splice into the network so must be virgin right? 

Any advice appreciated before I cut the cable. 

[goslow]

Usually done as a temporary quick-fix to connect a new customer when the new customer's own cable is damaged or inaccessible. Doubtful it will be a DIY job by your new neighbour.

In theory, VM should then be looking at providing the neighbour with their own connection. In practice, if the neighbour is now connected OK, the temporary connection may be temporary for a long time.

VM is within its rights to connect to its network in that way though common courtesy should dictate they would advise you of what was happening on your own property if VM required access.

Has the new connection caused any problems with your own VM service(s) since it was fitted?

Cutting the cable would probably be ill-advised and not that beneficial for anyone.

[Raichu]

Thanks for info

We have area faults atm so can’t say for sure my services have been affected. 
 
main concern is the cables position

[goslow]

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@Raichu wrote:

Thanks for info

We have area faults atm so can’t say for sure my services have been affected. 
 
main concern is the cables position

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If the positioning of the cables is a problem (poor installation/workmanship, H&S problem etc.) you could post up some photos to illustrate the problem. The VM forum team can then advise after reviewing the pic's.

If there is an area fault in place though, VM generally cancels tech visits to individual customers until the area fault is cleared.

[spell]

I would dispute that VM are within their rights to run a cable from the OP property to service a neighbour without a signed wayleave permit giving permission from the OP.

An independent connection to the neighbours property is well and truly the responsibility of VM.

I would cut the cable and place it in the neighbours property and explain the circumstances to the neighbour in the hope that CMs behaviour has not instigated a neighbour dispute.

Then there just remains the matter of a compensation claim for the inconvenience.

[goslow]

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@spell wrote:

I would dispute that VM are within their rights to run a cable from the OP property to service a neighbour without a signed wayleave permit giving permission from the OP.

An independent connection to the neighbours property is well and truly the responsibility of VM.

I would cut the cable and place it in the neighbours property and explain the circumstances to the neighbour in the hope that CMs behaviour has not instigated a neighbour dispute.

Then there just remains the matter of a compensation claim for the inconvenience.

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One for the lawyers but refer to section Q

https://prod.ctassets.virginmedia.com/uploads/Terms_and_Conditions_TV_Fibre_and_Phone_POST_01_SEPT_2...

If an individual is a customer of VM, then they have agreed to the T&Cs while VM are providing the services to their property and VM can access their equipment and connect other people to it if needs be.

If a person is no longer a customer, then VM have no rights of access as the agreement has ended (IMO).

As already stated, cutting or disconnecting the cable would would not do much for neighbourly relations (which will still persist long after VM have left the scene or been replaced by another supplier).

Usually some courteous behaviour from the installer, and an explanation as to what is going on, might be enough to satisfy many people of the need for a (temporary) shared cable.

The fact that the topics on here like this regularly reflect the lack of any courtesy or explanation from the installers is where it all goes wrong. In any event, VM should be seeking to install an independent cable to the neighbour so as to deal with the situation if the OP is no longer a VM customer and then withdraws any right of access to VM to their property.

[John_GS]

Hi Raichu

Thanks for posting and welcome back to the community. Sorry to hear of the cabling dispute. Can you pop us some photos of this cabling please?

Best,

[Jonny-M]

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@goslow wrote:

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@spell wrote:

I would dispute that VM are within their rights to run a cable from the OP property to service a neighbour without a signed wayleave permit giving permission from the OP.

An independent connection to the neighbours property is well and truly the responsibility of VM.

I would cut the cable and place it in the neighbours property and explain the circumstances to the neighbour in the hope that CMs behaviour has not instigated a neighbour dispute.

Then there just remains the matter of a compensation claim for the inconvenience.

---

One for the lawyers but refer to section Q

https://prod.ctassets.virginmedia.com/uploads/Terms_and_Conditions_TV_Fibre_and_Phone_POST_01_SEPT_2...

If an individual is a customer of VM, then they have agreed to the T&Cs while VM are providing the services to their property and VM can access their equipment and connect other people to it if needs be.

If a person is no longer a customer, then VM have no rights of access as the agreement has ended (IMO).

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I don't see the T&Cs granting the equivalent of a wayleave, but I Am Not A Lawyer. It would be a bit idiotic for VM to connect customers to their neighbours when the only thing providing a legal basis for that to take place was whether the neighbour was currently a VM subscriber - there would have to be install teams out all the time performing re-installs for people who cancelled their contract and removed the right for a second house to be served from their connection point.

Everyone is on the same page here that this is a temporary connection pending a repull or duct replacement, but the issue is that the installation tech couldn't be bothered to have a conversation and seek permission for what they have done.

[spell]

Yes the matter of Section Q has cropped up before and I take the view that VM is making a cavalier interpretation of what it states probably after deliberately doctoring the English language in its format in order that misinterpretation  could incorrectly be used to the advantage of VM in the taking of unauthorised shortcuts.

It is clear in my opinion that the issue to cover in the T&C is for VM staff to have an entitlement to enter the customers property and address to service and maintain VM owned equipment at the customers address to include others at the address. This is perfectly reasonable.

The T&C cannot be manipulated to include the use of the customers property to facilitate the service to another customer.

Also the incorrect manipulation a T&C cannot be used to override civil/consumer law especially in a manner where this could naturally lead to a breach of criminal law. 

I am also not a solicitor and concede there is a possibility that I may be wrong but it certainly screams out to me that a Wayleave agreement is required from the OP to carry out VMs course of conduct (on real paper signed with a real pen for real production if later required - no one is their right mind would agree to this without a good financial package).

Perhaps the solution is for the neighbour to insist to VM that he will not allow his connection to trespass onto the OPs property - a chat over a cup of tea is called for.

It would assist to get a meaningful -and accurate - response from VM but that is extremely unlikely.

Good luck with it - there is always Citizens Advice if all else fails - outcome would be of interest

[David_Bn]

Good Afternoon @Raichu, if you are in a position to offer us some photographs on this matter, we would be better placed to assist.

Kindest regards,

David_Bn