Thread: Virgin Media

Hi Folks

My mum took out an offer with Telewest for their Broadband some time ago.

They sent the stuff but mum could not install it so they said they would send someone out. Mum stayed in and noone turned up. Mum rang them and they said that it had been installed and that they had a signed installation note signed by her etc to say so. She disputed this.
Bills started to arrive that did not reflect the offer she had originally signed up to, and she disputed those also and asked for them to come and remove any signs of their equipment because none of it had worked or was in line with the offer she had signed up to.

Telewest are now part of Virgin.

They have uhmed and ahed all the way - and now cos she has refused to pay they have put it in the hands of solicitors. She has asked orally for the credit agreement so she can check the terms but they just ignore her.

Can I CCA them or is there another procedure?

I have SAR'd Virgin for her but don't know if a CCA request is appropriate.

any help would be appreciated.

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Your mother has a straightforward contract with Virgin. It isn't Consumer Credit Act or anything strange or wonderful. The contract reads "we'll provide you with broadband in exchange you will give us payment of £x". It's no different than buying something at Argos. (well almost the same).

If the broadband hasn't worked and you haven't been able to use it then THEY are in breach of contract. You have given them an opportunity to put it right (by waiting in all day). They have failed to do so.

Their breach of contract makes them liable for losses you have incurred.

I would write recorded delivery and tell them they are in breach of the contract (to provide working broadband). That you consider that the contract has not been fulfilled and is terminated. That they are liable for the losses you incurred. (If your mother took a day off work then claim for her gross wages for that day).

Send it recorded delivery. Don't bother with the CCA or DP Act requests as they aren't really appropriate.

If (and I doubt you will get one) they do reply let us know what they say. If they do it will be a "we've noted our records etc etc".

Wouldn't bother about this. There's an oustanding amount and someone has asked their colleague what to do with it. The response being "treat it as an unpaid debt". Hence the threat of legal action. They'll stop after getting that letter.

You are entitled to carry on with your court case against them if you wish. You can get your broadband from another source and if it costs you extra then you can claim the minimum contract period's difference off them in addition to the day's lost pay. You can make that choice and you'll get help on here if you do.

They say they did attend and install it and that she signed for it at the time, she says she stayed in all day and noone came so they must be committing fraud. She has been getting quite distressed about it - she's 67 - and she has been crying and has not known what to do at all.

I have SAR'd them to see if we can get hold of all information they have on file so i can draft a letter and deal with it. I said I would pay it for her but she would not let me saying that they did not do as they should and they should not get paid for something they did not do, have lied about and also amended the contract on unilaterally.

I did CCA the sols but suspected it was not regulated by the CCA 1974 as it was for the provision of a service.

How do they default you then? Can they default you and it lay there on your credit file like a CCA default?

Thanks by the way.

If they persist in ignoring calls and letters, eventually they are likely to pass things on to a debt collection agency. Hopefully common sense will prevail, but it's a bit of a lottery as to whether anyone actually acts, or everything just gets filed.

In the event it DOES get to a DCA, invoking their complaints procedure can work woders. If they are threatened with a complaint to the Financial Ombudsman Service, you may find that the DCA can actually prove useful, in that they will then go back to Virgin and start asking questions. That's what happened with Sky when I had a dispute with them, and to their credit, Scotcall actually managed to get things sorted.

Thanks. I will do that for her. They have put it in the hands of solicitors and saying they are initiating legal proceedings. She's quite scared. I have been so tempted to just pay it off but she won't let me, i just want to get rid of the hassle for her.

Can I ask them for copies of these alleged signed delivery notes?

Thank you for that. I have pm'd you. I have been struggling to register on Credit Online. I'll keep trying. I'm not good on the phone so would rather email him so I have a note of all that I have said etc.

It was good of him to reply and I shall keep my fingers crossed that this will be sorted.

My poor mum is fretting, disabled and ill and this is one issue I am desperate to sort it out for her.

As usual - CAG comes to the rescue.

Thanks again for your help sosumi xxx

Wouldn't it be really refreshing if there's a CAG post showing that not all of them out there are heartless and greedy. Steve if you're reading this, Nice One. It's good to see that some of you care.