My Install Tale of Woe Since October.... So Far

[exasperatedmatt]

I guess i am posting this more to make me feel better, as I am well aware that I just have to wait things out as Virgin Media don't have any idea at all what their contractors actually are doing.

Anyway this is my current situation:

Ordered	12/09/22
First Install Date	20/10/22	Waited In and cancelled
Second Install Date	21/11/22	Waited In and cancelled
Third Install Date	13/12/22	Waited In and cancelled
Fourth Install Date	11/01/23	Cancelled 2 days before
Fifth Install Date	02/02/23	New Scheduled Date

I was told on ordering that as my road was already fibre enabled, then installation would be quick as they only needed to pull a cable. That was a lie, as the road needed to be dug up, and a CATV access point installed in the pavement outside my property.

In reality that was done quite quickly, and there has been a CATV access point, with a blue rope inside it outside my house since early November.

It now seems though that a cable pull is the issue, I have no idea what the issue is, and if somebody from virgin media can enlighten me as to the real issue that would be great.

I have been told multiple stories, cars in the way (nobody knocked and asked for them to be moved), roadworks, contractor holidays, shortage of cable, underground blockages, pandemic, rat infestation, too cold, too hot, too wet, too dry, leaves on the line etc etc. Honestly I don't really care, just  get it done, how hard can it be.......

[jpeg1]

Yes, certainly let OFCOM know about this. But they can't intervene directly on your behalf so you still need to go to the Ombudsman to get the compensation you are entitled to. 

[Megan_L]

Hi Exasperatedmatt,

Thanks for coming back to us, I'm sorry to hear your Deadlock Letter has not come through yet 😥 

And also that you're still waiting to hear back about your Compensation Review conclusion. 

I can see you were in a conversation with Ste_L, they've taken some time off so I will be more than happy to resend your letter and chase up about the review for you. 

I'll send over a private message now.

Thanks,

Megan_L

[exasperatedmatt]

Here is the transcript from Megan_L.

Honestly I don't know what to think, there were no permit delays, and the Two man install provisional date is a new one to me.

""First things first, I have resent your Deadlock Letter, this will arrive via post via Royal Mail, apologies if this didn't arrive the first time. 

Moving on, the update from the Compensation Team is as follows - 

Your initial installation was for a 2-Man Install Appointment. 

When we book a 2-man install with a customer we position this as a provisional date.

Ultimately, we state that we may run in to construction issues that could cause a delay to the install.

That being the case, we only pay Delayed Install Auto-Comp on 2-man jobs in certain scenarios:-

• If we run into a construction issue and it takes us multiple attempts to resolve. (We pay for the time elapsed on the 2nd attempt onwards).
• If we run in to more than one construction issue. (We pay for the time elapsed on the 2nd issue onwards).

• Your particular case was always positioned as a 2-Man install so the team disregard the first reschedule pushing the install date out to 21/11/2022.

  Below is a list of appointment dates that were rescheduled due to various reasons, some of which were out of our control and thus were not included in the compensation - 

  • 21/09/2022 - No Compensation
  • 22/09/2022 - No Compensation
  • 21/11/2022
  • 13/12/2022
  • 09/01/2023 - No Compensation
  • 28/01/2023 - No Compensation
  • 24/02/2023
  • 14/03/2023 - No Compensation
  • 28/03/2023
  • 11/04/2023
  • 09/05/2023

  We would be liable to compensate for all Virgin Media caused delay subsequent to 21/11/2022 (highlighted in red).

• The reschedules in blue relate to permit delays which legally prevent us from facilitating the necessary work and as a result we do not compensate against these.

  If we sum the days elapsed against the reschedules highlighted in red that amounts to 139 days - £810.37.

  This is exactly what was credited with upon review so you wouldn’t be entitled to any further compensation in this instance.

  If you wish to disagree with this outcome, you can refer to the Deadlock Letter that is on it's way to you as we speak.

  Thanks,

  Megan_L""

Anyway any advice would be gratefully received, as I start to get the details ready for the ombudsman.

[Cardiffman282]

It's the usual laughable rubbish from VM that pays no regard to the Ofcom Code of Practice (para 40) on this.

Over to Ombudsman Services it goes. 

[goslow]

Without going back and re-reading all of the previous 9 pages ...

Find evidence of the 'the date initially confirmed in writing' when VM said they were going to activate your equipment and you would expect to be able to use your services from.

Seek out any comm's from VM (from at the time) where (if) they told you your installation was 'provisional'.

Contact your local highways authority and get dates/times from them when VM permits were granted.

Past topics on here (where customers have given feedback after arbitration) have been that the ombudsman did not recognise the idea of a retrospective 'provisional' installation date when the compo was totalled up by VM (although on one past topic the basis of judgement was that VM had not advised the customer at the time that his installation date was provisional)

On other past topics, savvy customers have made their own enquiries to their local highways authority ref permits and been told that VM had never applied for permits and/or VM had been granted permits but failed to carry out the work in the given permit time frame (due to bungling on the part of VM in managing its installation processes and resources). VM will often try to bundle the whole delay as a reduction (rather than just the short delay for any permit, which is a legitimate deduction).

Unfortunately it is up to you to do the legwork and find out the true facts from the above and see if they match with what VM is telling you.

Then put it all into a clear, concise and chronological order so that it is easy for the arbitrator to follow the sequence of events and reference those against the compensation criteria.

The put it before the ombudsman and get their third party decision.

Hope you get it resolved to your satisfaction.

[jpeg1]

Well a couple of points jump out right away. 

1.When they first give you an installation date they will/should have assessed what staff they will need, and have obtained the permissions they will need in place for that date. This is the supplier's responsibility and should not affect the customer in any way. If there is an unusual delay in getting the permissions, that might perhaps be an excuse.

2. There can be no justification whatever for repeated delays for permission. After the initial application, they know how long it takes for future applications.  If it takes, say, three days to get permission then they apply for it at least three days before the date they will be ready to do the work and the date they tell the customer.

I'm sure that after some other recent cases, the Ombudsman will be aware of these and other issues. 

EDIT Crossed with goslow . 

[exasperatedmatt]

Claim to Ombudsman now in, including evidence from Council of no permit delays.

Thanks to all who have helped so far.

[exasperatedmatt]

Ombudsman was excellent, rapid turnaround, good communication, actually called me to make sure that they had all of the details.

Then after the minimum amount of time alllowing VM to respond, they found in my favour.

Virgin Media in this process, responded at the last possible moment as you would expect, and did not use the Ombudsman's system, claiming they could not access it, so just sent emails that the Ombudsman then had to load on their behalf. None of this behaviour I would imagine makes them look good....

Also their "evidence" was just pages and pages of screenshots, that needed to be deciphered. 

Anyway now waiting for Virgin to apply the further credit to my account, and then will start the process to get it refunded in real money.

The settlement from the Ombudsman stated that once applied to my acoount VM need to refund it, due to its large amount.

[jpeg1]

Thanks so much for your report! 

I'm going to keep a link and screenshots of this.  No doubt others will do the same for future reference. 

[goslow]

A good result @exasperatedmatt. Well done for sticking with it to a satisfactory conclusion for yourself.

Posting back the outcome on the forum helps others in the future who are stuck in the same situation.

Did you get full payment for the entire delay?

I notice above a VM response trotting out the same old tired routine about '2-man installations' don't count for compensation.

Did the adjudicator dismiss all that or were there some deductions for the infamous 'provisional' installation date?