@H1037593 wrote:
Can I leave my contract early due to your failure to deliver what I signed up for?
Yes. Sometimes VM see sense and will release you without a fuss, sometimes they refuse, and have to have their hand forced. If it's the latter, then it takes time, but costs the company far more. As a start, phone up, select options for "about my account" and "thinking of leaving", politely explain the situation (politeness is important if you need to escalate the matter to arbitration), and ask to be released immediately and without penalty. I'd say chance are low that they'll agree, but if they do that's quickest and easiest. DO NOT PAY AN EARLY DISCONNECTION CHARGE, and DO NOT STOP YOUR PAYMENTS. If, as is often the case "computer says no" when you ask to be released without penalty, then you need to follow up on your complaint that I believe has already been started.
Be aware that your case for release from contract isn't under VM's T&Cs, or speed guarantees, it is under both UK consumer law, and commitments that VM have made to the regulator:
- The Consumer Rights Act 2015 that requires any consumer service to be provided with "reasonable skill and care", and clearly over-selling so that you network runs out of capacity is neither skilful, nor careful. The proposed remedial date (which in any event routinely get pushed back, as a search of the forum will show) also fails the test of reasonable care. VM's policies, T&Cs and so forth don't make a jot of difference here, statute law can't be circumvented by contractual terms.
- Additionally, Virgin Media are signed up to the Ofcom Fairness Commitments. In particular, the commitment: "Customers’ services work as promised, reliably over time. If things go wrong providers give a prompt response to fix problems and take appropriate action to help their customers, which may include providing compensation where relevant. If providers can’t fix problems with core services they have promised to deliver within a reasonable period, customers can walk away from their contract with no penalty." Note that this isn't the same as the weaselly minimum speed guarantee that VM offer, it is a promise made by the company to the regulator Ofcom.
If VM continue to maintain that you won't be released from contract, and they are not going to fix a problem caused by the company's choices, until August (and possibly later, possibly never), then you need to escalate to the industry arbitration scheme CISAS, who work much like the energy ombudsman. Don't expect much from formally complaining directly to VM, but you have to do that before you can approach CISAS. If the formal complaint to VM doesn't get a prompt and satisfactory outcome, then you either need to demand a "deadlock letter" which enables you to immediately approach CISAS, or you have to wait eight weeks from the date of your first complaint.
If this goes to CISAS, ask for compensation for the poor service, for the poor support, any complaint handling, any rudeness, wasted time or inconvenience caused, release from contract without penalty, and that release without penalty financially backdated to the date you first brought the problem to the company's attention.
Perhaps the forum staff would like to grease a few wheels here, to avoid a complaint to CISAS?
