Virgin Media Problems

[wildheart83]

Hi all, I'll try and keep this as brief as possible but it's quite a long story!

Signed up to Virgin broadband in May 2007, everything was fine til mum got a laptop for christmas and i thought it would be good to get the higher speed broadband package from Virgin so on the 26th Dec i requested the new package.

Virgin didn't actually upgrade the package til April 2008 and everything was fine til the broadband died on the 12th August 08.

Phoned Virgin to report the fault, and first of all they said the modem was broken, then it was the router, then it was a few other things....all of which were working fine but i changed everything to humour Virgin.

I then found out that when the package was changed Virgin put me on a new 12 month contract, starting in April 08 and running til April 09, and if i wanted to cancel i'd need to pay the remaining 8 months of the contract. Told them this isn't acceptable since they didn't have my permission to restart the 12 month contract.

I have also found out that Virgin didn't do a line test to check whether the BT phoneline supported the faster broadband, which it doesn't.

So now i've been almost 4 weeks with no broadband, it's costing me a fortune in phonecalls to be told lies from Virgin's staff in various departments, and if i want to cancel the account i need to pay for the rest of the contract.

I've phoned technical support, been put through to a supervisor who accused me of lying because there weren't any notes on my account for half the phonecalls i've made. I was also told that i have been phoning too often and that Virgin will phone me in due course. I have put in a formal complaint in writing to their address in Swansea, but had no acknowledgement and i've now complained through OFCOM but it seems i'm getting nowhere fast with Virgin. I'm now at the point where i don't want them to fix the broadband, i want to cancel my account but obviously i don't want to have to pay the remaining 8 months payments on the contract. The next direct debit is due out my account on the 22nd Sept and when I phoned to ask why they're taking money for a service they're not providing i was told that I'll only get a refund once the broadband is reconnected, which i don't find acceptable.

Can anyone help with what to do now. I just want to have broadband again but I'm worried that by playing Virgin at their own game they'll put a tag on the line and i'll be stuck.
Any help is greatfully appreciated.

Thanks, Jo

[MrShed]

My opinion would be to do as follows.

first of all, you need to examine VERY carefully the exact terms and conditions of your contract with Virgin, in particular what they sign up to provide. You need to ensure that they have not, in fact, performed their side of the contract.

Secondly, I would write to them requesting proof that you signed up for a 12 month contract.

Assuming you find a suitable clause, OR they cannot provide proof, you can proceed on the MAC code process, as Virgin cannot withhold a code due to contractual obligations or for debt collection processes. Then change provider, cancel DD, and let them sue

[wildheart83]

That's the problem, I've never received a contract from Virgin, from either the original sign up date in May 2007, or the supposed renewal in December 2007 / April 2008.
In my opinion (which may be wrong) they can't possibly have fulfilled their obligations in any contract since i've been 27 days (and counting) without broadband, regardless of the reasons why i don't have any service. They have told me that if i am without service for 30 days or more then i can cancel without penalty but i'm really wary of believing this.

[MrShed]

You cant know that unfortunately, as you dont know what is IN their obligations currently unfortunately. I wholly agree, but whether we agree is irrelevant - it is whether the contract agrees that matter. Look on the website for their current terms perhaps?

BTW you dont have to have received a contract to have signed one - did you sign up online or over the phone? If over the phone you should have received T&Cs through the post, if online it will have been on the website.

[wildheart83]

I have trawled their terms on their website and the only thing relating to changing packages is:

1. Changing to Another Virgin.net Service:
   If you are changing to an alternative Virgin Media non-cable Service, you can do so online in the "My Account" section of the Site. If you are changing from the Broadband Service to another Virgin Media service you shall be responsible for all relevant Charges relating to your account until the Effective Cancellation Date. Any email and webspace (Freespace) data, all email addresses (both primary and secondary email addresses) and any other features provided as part of the Service will be retained under your new Virgin Media non-cable service. However, if you terminate your current Service and register for a new service, clause H.3 will apply. The new service will be provided at the end of the notification period and the terms and conditions of service which apply to you new service will supersede these terms and conditions.
2. Cancellation charge:
   Virgin Media will charge you the remainder of the Minimum Period if you cancel your Broadband Service within 12 months of the date your Broadband Service was activated.

Maybe i'm being thick, which might be quite feasible, it doesn't say anything about being subject to a new 12 month contract.

The full terms are here

[MrShed]

What about their obligations due to the contract?

[wildheart83]

This is what Virgin state their obligations are on their website:

We will:

1. arrange for your phone line to be enabled to support ADSL, this happens automatically when you complete and submit your registration online. You do not need to contact your telephony provider (for example BT) directly;
2. if your application is successful and subject to clause B, provide you with access to the Service via a unique Broadband user name, which you can only use from the home telephone number you have registered with us;
3. provide high standards of Customer Support seven days a week, 365 days a year;
4. provide sufficient access servers to ensure a high standard of connectivity to the Service;
5. ensure that original content created by or for Virgin Media and offered through the Service meets normal professional editorial and publishing standards;
6. handle any personal information you might supply to us when you use the Service in accordance with the Virgin Media Privacy Policy, which is hereby incorporated into this agreement;
7. provide you with a webmail service;
8. provide you with an anti-spam feature as part of the service which will review all emails sent to your accounts and will remove any email which it deems to be a spam email. Virgin Media does not accept responsibility for the filtering of any bona fide, non-spam emails, nor can it guarantee that the anti-spam feature will remove all spam emails;
9. utilise an anti-virus feature which will review all emails sent to your account and will clean anything deemed to contain a virus. If the virus cannot be cleaned it will be removed from the email. Virgin Media does not accept responsibility for the usability of any cleaned files, nor can Virgin Media guarantee that all emails will be free from viruses.

[Melstin]

OP

If you are on dial-up and and you upgrade to broadband, it is normal that you start a 12 month contract, because there are initial costs associated with providing you with that particular package, that the ISP want to recover.

If you have a faulty line, changing ISP will not make any difference, because they all use BT's infrastructure to deliver their service. So, you have to insist that Virgin fix the fault on your line. They will have to ensure that BT Openreach do their bit, because they own the infrastructure.

Most ISPs, when there are problems, always blame modem, routers, filters, cables but themselves, thus hoping to get rid of you. If your line is dead, it should be easy to see, but if the line is ok and you cannot log on it is your ISP. Also, if you can connect to the internet, but the speed is very low, BT will have to increse the speed on your line.

If you want to know more about iSPs, look here:

DSL ZoneUK - broadband for everyone

[locutus]

You can change suppliers with no hassle by requesting a MAC code. Virgin cannot block this with any tags etc.

However if they have signed you up to a 12 month term, they can send you the bill for this. Now in this situation other people on the forum are better equipped than me to instruct you on how to handle them. I'd personally send them a letter disputing the fact that there was ever mention of being subject to a 12 month term, and if they want payment they have to send proof.

[wildheart83]

Firstly, I wasn't changing from dial up to broadband, i was already on broadband from may 2007. It was when they suggested I add the talk package onto my account for less than what i was paying for broadband on its own that they also tied me into a new contract without explaining this.

But moving on from this, it seems that the only way to get Virgin to respond was by making a formal complaint to Ofcom, where Virgin have 5 working days to respond with an appropriate resolution.

As it turns out they have accepted that the broadband speed is too high for the phone line to handle and have agreed to cancel the contract without me paying any penalties. It's unfortunate that you have to take things so far to get anywhere but at least it's sorted now, hopefully.

Thank you for all your advice

[wildheart83]

Can anyone confirm the correct address to write to if you want to make a formal complaint?
I sent a fairly hefty complaint letter to them in September, to the welsh address I was given by customer services but not only did I get no acknowledgement or reply, I've now had a reminder in for my final bill, despite me paying for everything in advance ie I paid for August, September and October even though I had no service so I'm not sure how they can charge me anything.
They have the usual "if you don't pay this then we'll pass to DCA" bit on their letter. I tried emailing them to ask for a copy of this final bill since they've now de-activated my account and they said I had to phone. Rang them and no one could send or email the bill to me.

Am i obliged to pay this amount even though I don't know what I'm paying for?

[Ihatedca's]

Ok mate this is the exact same thing i went through with virgin they think they are so smart all i did was sent a letter saying that they had miss sold a new contract to me without my knowledge or consent and that i was going to go to public authoritys and the press if it was not rectified i had virgin on the phone apoligising and canceling my contract when i asked and they said that i had been mislead and that there was no contract on my account and the the op that said that isps blame everything but themselfs it does not go like that i am a senior broadband tech and there are certain ways of doing things it makes more sense to send out a new router or modem and than to send out an openreach engineer that costs £120 before you even start. And then if the issue is not resolved and it turns out to be the router then you have just wasted money and the customers time.