Reclaiming money from Virgin Mobile

[youngian67]

I pay a fixed £30 per month Direct Debit to Virgin Mobile and I live in a smallpocket in South London where I cannot receive a signal (or so faint that the calls drop dead after 30 seconds) so I have asked for a rebate over the past few months.

Virgin have ignored all my requests and have even made patronising suggestions like "why can't you sit in your car" or "go round a friends and make calls"

They refused to provide any information as to why I am not receiving network coverage or when the problem will be resolved.

As a consequence I have suspended my direct debit and explained why.

Am I being naïve here- if I am not receiving a service aren’t I within my rights to withhold payment?

Virgins response is to threaten court action over two months missed payments (a massive £60), despite being aware that I have paid for the last eight months without receiving an adequate signal.

I wanted to resolve this in an amicable way but I feel I have no choice but to ask for a Deadlock Number and pursue the matter through Communication and Internet Services Adjudication Scheme’s Arbitration service.

Have got a solid case to take to arbitration?

[locutus]

I'm pretty sure that lack of coverage is in the T & C, so I don't think you can withhold your payment of the contract, and in all likelyhood, they'd win in court.

[buzby]

Virgin is a VIRTUAL network - they buy in service from a third party (T-Mobile). A complaint about coverage to VM is pointless, they have no input (or network!) and cannot do anything except make the suggestions or soothing noises you heard.

Your idea of not paying will work against you - they'll trash your credit reference and it will cause you problems down the line. If the phone coverage is that bad, then all you can do is wait until you can legally terminate your contract once you complete the minimum term by giving them 1 months notice.

You cannot withold payment for lack of coverage, as no network actually guarantees it. Their reasoning is you have 14 days to try and reject, and if you don't, then you are satisfied and the contract confirmed.