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Leaving with no penalty

Steve1951
Settling in
  • I have been without broadband and landline for 22 days despite four engineer visits who all agree that the supply cable is damaged. I was told by a virgin operator that I can leave with no penalty after 48 hours of no repair. Then I was told that was incorrect and I can leave after three unsuccessful engineer visits. Then I was told that was wrong and I can leave with no penalty after 30 days of no service. Please ask around your company whether anyone knows the correct answer. 
3 REPLIES 3

Andrew-G
Alessandro Volta

There is no automatic right to cancel without penalty, regardless of the loss of service.  You are entitled to just over eight quid a day as compensation for loss of connection (after the qualifying period, as explained here) although don't be surprised if VM dispute how much should be paid, and you then need to escalate matters.

You can under prevailing consumer legislation demand release from contract without penalty if faults are recurring, or the response to faults is unacceptable, but to get that outcome would take a good few weeks, maybe a couple of months.  Depends really on whether VM have committed to a repair date, and whether you'd believe them.  If you want to go down this route, then make a formal complaint to VM now, asking for release from contract without penalty (and compensation).  Whilst that isn't likely to get the sort of response you might want, it's an essential first step before you can take things further.

goslow
Alessandro Volta

@Steve1951 wrote:
  • I have been without broadband and landline for 22 days despite four engineer visits who all agree that the supply cable is damaged. I was told by a virgin operator that I can leave with no penalty after 48 hours of no repair. Then I was told that was incorrect and I can leave after three unsuccessful engineer visits. Then I was told that was wrong and I can leave with no penalty after 30 days of no service. Please ask around your company whether anyone knows the correct answer. 

You haven't said if you are 'in contract' or not with VM i.e. you have an 18 month agreement for services in place with VM or if you are just on a rolling 30 day agreement?

A personal opinion and interpretation of VM's compensation obligations is below. Use this alongside info. from the links below to form your own opinion on VM's obligations and requirements ...

When you have a total loss of service (TLS) VM are obliged to pay you compensation as per T&Cs here

https://www.virginmedia.com/help/billing-and-payments/automatic-compensation

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

and slightly better explained here in the OFCOM minimum requirements

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

They are obliged to keep paying this (until they fix the fault) at £8.40 per day or they issue a 'cease notice' saying they will be stopping the payments (para 36 onwards in the OFCOM doc) which they can't do until after 30 days from when the compensation starts. If VM issue a cease notice you get a further 30 days compensation at the same rate beyond the cease notice. If VM issue a cease notice, VM can offer an alternative temporary connection via the mobile network. If they cannot do this they must continue with the compensation payments. If VM issue a cease notice you can cancel without penalty before the cease date. VM may also opt not to continue to provide the services if they cannot repair the connection (see below)

VM's current T&Cs are here

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

you will need to look up your own T&Cs relevant to when you joined VM to see if the same terms, or similar, apply but at the above link.

Section N para 6, sub-section 5 'if there is a permanent loss of the services' VM can advise you that the services are permanently lost and you have 30 days in which to cancel without penalty.

VM has to start paying compensation (which will be a bill credit) within 30 days of the initial loss.

VM has plenty of past form in topics on here of totally misapplying the compensation scheme and offering other alternatives (such compensation based on monthly package prices) which are more favourable to VM.

In the meantime you could consider getting a temporary mobile wi-fi solution to keep you going while VM tries to get its act together to repair.

The delay on replacing your cable is likely to be due to the shambolic and chaotic organisation an management which exists between VM and its cabling sub-contractors (which is well-documented on the 'Quick Start' forum)

Kain_W
Forum Team (Retired)
Forum Team (Retired)

Hi there Steve1951,

Apologies for the issues faced and welcome to the community.

Can I ask regarding this matter, has our team advised whether the cable could be replaced at all?

Also as this has been stated with the leaving process, has it been noted on the account?

Let us know,

Kain