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    • Hi DK, i put in my defence that I wish to show a video entering the car park and pictures to show the T & C.  They are there but it would be dangerous to stop the car and read these as they are at the entrance to the car park you cannot safely walk down to them to read    There are no signs where the driver parked. And no T & C at the pay stations.  I believe no contract can be enforced because you cant read the T & C .  
    • I have this morning received from the County Court Business Centre a Notice of Proposed Allocation to the Small Claims Track. Should I do anything other than fill it in requesting my nearest County Court? Clearly I won't be requesting the mediation service.
    • It would be helpful if you could simply produce a skeleton – bullet pointed – chronology of your letter because it's rather a lot to go through. I do understand that you are asking for a refund of the entire cost of the works. If this is correct then I think that this is unachievable. Presumably some of the materials which have been supplied and some of the installation is useful and at the very least you would have to pay for those. The starting point here would be to get an independent inspection – maybe two independent inspections – of the quality of the work and to make a report as to the problems. You would then need a couple of independent quotations for the costs of repairing the defects to the standard which was expected when you first commissioned the work. If you could get loans, then we can take it further. The fact that the builder is not limited liability company is important to the extent that they are not able to phoenix themselves – meaning that they not able simply to go into liquidation and then reappear under a similar name but escaping their legal liabilities. On the other hand, if you find that you're going to have to you bring the claim then you are going to have to identify the builder – and any assets – and preferably any property that they owned. Can you do this? Also, it will be in your interest to keep this issue to a figure less than £10,000 in order to keep you within the small claims limits for County Court claims – otherwise you risk a fair amount of costs if you happen to lose the case
    • Thanks for opening SO,  nothing since May as you saw before I received a debt collection letter from a 3rd party.   As they got no response ON CHRISTMAS EVE I received  a new 'CLAIM FOR DEBT' containing a handy 'previous case notes' from a court appeal that went wrong. They include an affordability schedule, they have upped it to £182   They are sending the letter in accordance with Pre-action Protocol for Debt Claims (PAP) contained in the Civili Procedure Rules (CPR) You have 30 days to complete the enclosed or possibly face court acton.   'If you ignore this letter and fail to respond proceedings will be issued against you and may increase you liability for costs"   I can then tick a box saying A,B,C,D  etc.  I owe the debt, I owe some of the debt, I dispute the debt, I dont know i owe the debt,, I will pay buy need time, Im getting debt advice, I h ave provided docs,  i need more docs or info, sign and send back.   Ignore or respond?   Cheers!    
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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Virgin Broadband Speeds, caps and general contractural obligations


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HI there

 

I recently upgraded to 20mb connection. When I checked my speed on a range of testers it appears that I am only getting between 4mb and 10mb, with a max of 15mb. Mostly 4mb.

 

I call Virgin and they pass me onto a premium number that as of yet I dont know if will be charged for. They organise a technitian for today.

 

He comes round and I phone home to speak to him.

 

First thing he says is that my connection has been capped due to Braodband downloads thresholds being reached by me. and that capping is a policy by Virgin and its in my contract.

 

I tell him that:

 

1: No one has informed me of this.

 

2: I have only just upgraded to 20mb from 2mb and am paying for this and he says that it is capped, this is contracturally wrong.

 

3: I tell him that the telephone people did not say this and said that he would resolve the issue.

 

4: I tell him that he must resolve the issue and I want the 20mb connection I asked for.

 

5: I tell him that if he is saying that I am capped and that he cannot get my connection speed right, he should leave this his story in writing so that I can take it up with the telephone team.

 

He says:

 

1: He will leave a nhte

 

2: And he is looking at the machine.

 

I phone techincal premium rate support and they tell me there is no cap on my service.

 

I say:

 

1: Phone technician round my house now since he says that this is the reason for my slow connection.

 

They say:

 

OK

 

I phone the technician 20 minutes later and say:

 

1: There is no block on the speed.

 

2: Did they phone you.

 

3: How comes you cant check if there is a block on my speed.

 

4 Can you phone me before you leave to let me know if you have fixed the connection.

 

He says:

 

1: Can I have the number of techinical services

 

2: He does not have a number that he can contact.

 

3: He will phone before he leaves.

 

Final outcome:

 

He leaves, my speed is still less than 5 mb, he tells my wife everything is good, no note left, my computer settings are left haywire.

 

I am sure I have missed loads of relevant bits but this gives you a quick and probably too long note.

 

WHAT DO I DO NOW??? We should not accept caps on and as much as you like connection at a given speed, and we should expect the speeds we pay for. This needs to be dealt with.

 

Any help greatly appreciated

Thanks and regards,

Ricklee

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Firstly, I would advise you to get as much communication as possible via writing. or at least record the calls.

 

Normally, broadband providers have the right to restrict the service in their acceptable use policy, this does not appear to be the case in Vergin medias AUP Virgin Media Acceptable Use Policy .

 

However, in the contract, the speed is described as the maximum speed you can recieve, if all hardware is working optimally.

 

Nevertheless, I am inclined to believe you are not recieving the service you could reasonably expect. Asking them to solve the problem is an obvious immediate step. after that, i would consider applying to the court to terminate your contract.

 

Do not fail to pay them the contractual amount, as you do not want to get a default notice.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Hi There

 

Thanks for that, I have had a look at the Acceptable Use Policy, and it gives 2 exampes, sending spam or racist remarks. All prety much clear cut unacceptable things to do.

 

But this enginneer said that in a recent meeting he had been told that if people used to much download then they would have there Broadband download speed capped. Virgin advetise on the back of an unlimmitted download allowance so I would find it hard to see how they could cap on the bassis of something that was the core of their service provision. The fact that you have unlimmited usage.

 

I think that this is something important and have a feeling that something may be going on, as well as dissatisfaction with the Enginneer and Virgin on a personal note.

 

Can anyone advise if they have heard about the cap??

 

Rick

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