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Taking legal action against Virgin

Has anyone looked into this.

My service has been terrible for the last 8 weeks or so. They wouldn't visit for the first 4 weeks citing area issues. Then they eventually sent an engineer who replaced the hub. It still doesn't work. They won't discuss compensation. They won't even answer the phone now - I try and call, get put on hold and then the other person clears.

This is fraud.

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Message 2 of 3
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Re: Taking legal action against Virgin

No, it isn't fraud, it is simply incompetence. 

You should be aware that the courts service expect that a plaintiff has exhausted arbitration options before bringing the complaint to court.  Which means going to CISAS before you can go to court is both necessary and sensible.  And to in order to go to CISAS, you must have formally raised a complaint with VM, and the company must either admit "deadlock", or you have to wait eight weeks from the complaint being acknowledged.  You don't have to accept any first offer from VM, so consider what is a reasonable outcome, and hold out for that.

You could just go straight to the small claims process, but the judge can choose to strike out a case where the plaintiff has the option of arbitration and hasn't used it, and the company can request that also.  If that happens you may not get back your court fee.   And if the case goes to court, whilst for a small claim the judge will recognise you are not a lawyer, you'd still need to have a basic understanding of what breach of law or contract you're alleging.

Search for, read and follow the Virgin Media Consumer Complaints Code of Practice.  Don't expect much from the formal complaint - seems VM are snowed under with complaints at the moment, but then you can in due course escalate to CISAS.  Potentially this could all be very slow indeed.  If the forum staff pick up your post and can get a good outcome for you, that will be much quicker and easier.


If you make your complaint to VM clear, including the basis of the complaint and the outcome you want, plus your intention to escalate to CISAS if the company cannot settle to your satisfaction, there's a chance they may settle.  If not, you up the ante by going to CISAS, where most complaints are settled in the customer's favour.  If CISAS find against you, at least its cost you nothing.

Formal complaints are slow.  Getting to CISAS is slower still.  And getting to court is yet still slower.  How much time do you want to invest in this?

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Message 3 of 3
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Re: Taking legal action against Virgin

First thing I would say is, "define terrible"

As per the terms and conditions, you are entitled to compensation if you have had a complete loss of service for at least 3 days. 

If you are paying for a 1 gig connection (for example), and you are getting far less than 50% of that for the last 8 weeks (and have registered this lack of service with VM at the beginning of those 8 weeks), then I would expect VM to allow you to change your package type without charge to a lower package if the fault is due to the network being the problem. 

However, if the service has been terrible because your WiFi devices don't work probably, then this is not the fault of VM as you can fix this by using wired connections. 

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