Being charged to leave virgin media

[Bearmaggie]

Can anyone help or provide advice.

We've been with virgin media for the last 5 years (formerly NTL world). In January 2008 we changed our package. At the time we did this we were informed that the new package was for 12 months and we couldn't change our package again in those 12 months.

We've now decided to sell our house and I've rang Virgin Media with the moving date, saying I want to cancel, as the area I am moving to is a non-cable area, therefore Virgin Media cannot provide digital TV. They've told me that i cannot cancel my "contract" as it is for 12 months, and it is not their problem that i am moving to a non-cabled area. I advised that they cannot supply me with the goods stated in the contract. They stated that they can provided me with "freeview" through a BT phoneline and broadband through a BT phoneline. I stated I didn't want freeview, but wanted a full TV package, which they can't provide.

They have now stated that if i don't stay with them, i have to pay for the remainder of the "contract".

Has anyone else had this problem? Can anyone advise me were i stand with this.

Thanks in advance.

Bearmaggie

[sequenci]

Can they send you a copy of the 'contract' that you have signed?

If they refuse you could consider a Subject Access Request to see if they have one.

They can hardly bind you to something they have no proof of!

[fergal71]

hi seq this is what I am saying in my pm to you??? if they do not have cca how can they without authority share subject data???? is this not part of the data protection act...

[sequenci]

Originally Posted by fergal71

hi seq this is what I am saying in my pm to you??? if they do not have cca how can they without authority share subject data???? is this not part of the data protection act...

A CCA is The Consumer Credit Act. Virgins contracts are not covered by the Act.

[fergal71]

i was meaning consumer credit agreement.... they do not hold copies after 15 montsh allegedly..How are they allowed to share data without consent or true signed copy of agreement """"""" anybody can write and make people sign small print, allows a whole host of sins but if it is not lawful then any terms and conditions signed for arent worth the paper they are written on surely... Is this not the same as banks we signed for charges etc but if they are not lawful then it shouldnt matter.......

Does anyone have NTL/telewest terms and conditions prior to them being taken over by Virgin be interesting to see.........

[lawbunny]

Originally Posted by sequenci

Can they send you a copy of the 'contract' that you have signed?

If they refuse you could consider a S.A.R - (Subject Access Request) to see if they have one.

They can hardly bind you to something they have no proof of!

Nope, not true.

They don't need a written "contract". The verbal agreement over the phone is enough. They will argue that it is also backed up by the fact they have been sending you bills for the past 4 months, which you have (I would assume) been paying... basically, they can assume that because you have seen your bills and are paying then you have agreed with the terms of the contract. Harsh, but true. Sorry.

[fergal71]

so similar to all terms and conditions, if you sign for them or even dont in this case you are bound by them lawful or not..... If I write terms and conditions to say I am going to punch you in the face every week... If i put it in small print along with a load of other terms and you dont read and sign does that mean I can punch you in the face every week. How are companies allowed to use consumers credit files but are not bound under the consumer credit act.... If I receive poor service and crap customer service what recourse do I have.... they can wreck my credit for the next 6 years... I can spend hundreds of hours on letters and calls with very little result for what????? this should be the next challenge. we are being controlled by credit reference agencies(profit making) this is a spiral of issues that need to be looked at.... industry standard is not law and should be challenged at every oppurtunity until some Body such as fso or oft take the credit reference agencies and its industry standard rules to task....

[sequenci]

Originally Posted by lawbunny

Nope, not true.

They don't need a written "contract". The verbal agreement over the phone is enough. They will argue that it is also backed up by the fact they have been sending you bills for the past 4 months, which you have (I would assume) been paying... basically, they can assume that because you have seen your bills and are paying then you have agreed with the terms of the contract. Harsh, but true. Sorry.

I've helped many clients win this argument with things like mobile 'phone contract extensions which were 'verbally' agreed. I appreciate the balance of probabilities and I also appreciate the law of contract.

[fergal71]

hi I take it by clients you mean companies rather than consumers???????????????? ??

[ASIIndustries]

Hi Bearmaggie, what items did you have prior your change and what items do you have now, was it a simple up or downgrade or did you take on services you did not have before?

[sequenci]

Originally Posted by fergal71

hi I take it by clients you mean companies rather than consumers???????????????? ??

Consumers, i.e. members of the public like you and I.

[casio]

Originally Posted by sequenci

Can they send you a copy of the 'contract' that you have signed?

If they refuse you could consider a S.A.R - (Subject Access Request) to see if they have one.

They can hardly bind you to something they have no proof of!

I am considering doing this for Demon Internet.
I signed up with them, then phoned them as I was moving house, and they moved the account and everything was fine.
I moved house again, and phoned them again. This time, they ended up opening up a totally new account and didn't stop the old one.

I sent a letter of complaint that they didn't respond to.
So, I sent another and told them to close all the accounts.
I moved house again, and a year or so later I'm getting calls from a debt collection agency.

After much messing around, it seems that they want to charge me for 12 months for the new account.
If I Subject Access Request Demon and they can't come up with a signed contract for the new account, I can't see how it is enforceable.

[Bearmaggie]

Just to update everyone who replied to my post.

I rang them back up requesting a copy of my contract, which they said they would send to me.

I then rang again a day later, to clarify how much it would cost to cancel my contract. I was all of a sudden told that i wasnt tied into a contract, as the person who upgraded me at the time had failed to inform me that i was starting a new contract and had failed to then send the details of the contract and my cancellations right out in the post to me.

So it seems that by ringing up and asking for a copy of my contract has made them realise that they had never sent me one!

So now cancelled Virgin media and saved £250.

Thanks everyone who responded.

Bearmaggie

[5layer]

Hi Bearmaggie,

I'm really glad that you won, it just shows what you can achieve when you will not take no for an answer or be pushed around.

Well done mate.

5layer

[sequenci]

I'm really pleased for you!

best wishes,

Seq