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brownie83

Virgin - but no contract

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Hi,

 

I've just realised that I have not signed the paper contract that was sent to me by Virgin when I initially requsted their services.

 

The initial request was done online via their website. The agreed billing at the time was for 47.50 a month, yet month after month it kept creeping up. I asked their CS Team when I could get out of the contract and they told me I had to wait until two months past. I according to them owe £138 for two month billing and several 'late' payment letters which were ironically delivered late...

 

As I never signed the paper contract that was sent out, do I have any legal obligation to pay or is there something I can write to them saying I walk and stuff your money...

 

Any help, greatly appreciated.

Cheers.

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You will find that use of the service is the same as your agreement and a signature. You have also confirmed a contract by asking them when you can get out of it.

 

To deny that there is any contract between you but using the service would be tantamount to theft.

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Well, you don't get if ya don't ask. Sometimes ya don't get when you do ask.

Thanks all the same though.

:)

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Just a bit of an update...

 

I cancelled my contract as I was continously unhappy with the levels of service, the vbox kept crashing and needed to be hard reset every other day, the broadband bandwidth suddenyl dropped to less than 1 meg between 4.30pm and 11.30 every day... then suddenyl jumped back up to 10 meg after 11 and before 4.30pm, now as most people are out working I'm not sure how I'm getting my value for money here, also, as they stated to me, there is NO contention on the line, my service will always be at or around the 10 meg mark.

 

I had an engineer out twice to fix the problem, but they wouldn't send a third time, as per the T&C, if the engineer comes out a third time, you can cancel your contract without any fees being applied... funny that.

 

Also, as stated in the first post, I never signed a paper agreement, I have no CCA with them, they have already come and collected their equipment, I didn't realise they could just send someone to your house without any explanantion of forward notice that was going to happen, so that was a bit of a shock.

 

Finally, they have now sent me a default notice quoting the CCA1974 Section 87(1)... if I have no paper signed contract or equipment in my home and they have no paper signed contract is this a legally binding contract?

 

They claim I have a debt of £104.05 and although I could pay it, I am loathe to do so because of the c**p I have had to put up with from them, bad customer service, faulty equipment, lack of service (incl. TV and Broadband)...

 

Advice very welcome.

Cheers for listening, you've been a great crowd.

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If you feel unfair charges have been applied, you can write in to the complaints department to investigate.

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these services are not supplied under the cca.

 

It is a simple contract

 

If you dispute the amount owed then as above you need to write to them


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I was going to say exactly what Ida has. If they insist that it is a CCA, then tell them to send you a signed copy.

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It's actually quite clever. I've not entered into any CCA agreement yet I've been getting CCA-like communications from them, and have been poressing for answers. Apart from the confusion, it actually covers them should they (a) require to operate under CCA at any stage in the future (b) means that their arrangements with DCA and CRAs can be operated 'as if' fully viable, and issue Default Notices to the same standards. Finally, IF there is an issue that would work to your advantage as being regulated under the CCA, they can point out that they are not, and exempt themselves from it. As I said, clever misdirection.

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