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Virgin media 'disconnection Fee'


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I'm having an ongoing problem with virgin media r.e a disconnection fee.

 

As a bit of background, I was in a 12 month contract with Virgin media (having renewed) when moving home meant the services could not be carried over. They did offer their adsl service and phoneline but they wanted well over the odds for these so i declined.

 

I was informed at the time there would be a disconnection fee on the account (which i was expecting anyway) and at the time i was told this would be £150 (approximately) - this worked out about £30/month.

 

I argued that whilst there was an implied fee in my contract, there were no figures stated and i was not willing to pay Virgin media almost the same amount for disconnecting services as i had been paying per month for the use of the services (contract was for £38/month for phone/tv/bb). Unless they could prove to me that this cost was fair and a direct cost to them.

 

Of course they could not do this and several emails went back and forward. I changed tactic and re-read my contract which implied that if Virgin media changed their charges for services without informing me then their contract was null and void. I checked my bills and found that they had charged me differing amounts / min to the same number at the same time of the day so sent this off in an email explaining exactly why I was now not willing to pay any disconnection charge.

 

I received a phone call from Virgin media a few days later asking if I was happy that the process had been sorted out and telling me that Virgin media infact owed me around £50 as a refund for services. I accepted this but was highly suspicous so decided to confirm this to them in writing.

 

I have copied in a portion of my letter below:

 

"

Dear Sirs,

R.e Cancellation of account number 918858404

As per my recent telephone conversations and emails to your representatives I would like to confirm that I wish my services to be cancelled as of the 02/01/2010. If you wish to send somebody to collect your equipment after this date my contact address will be:

xxxxxx

 

 

As per my conversation with one of your representatives on Thursday 03/12/2009 (pm) I would like to confirm that I accept your’ waiving of cancellation fees and refund for £58.00 to me. As I pay you 1 month in advance I have cancelled my Direct Debit with yourselves as of today (16/12/2009). Should there be any further pay per view / telephone charges etc please deduct these from my refund before sending any remaining due funds. Alternatively I will make payment via debit card if this is more suitable.

I would like to take this opportunity to point out that whilst I have been mostly happy with your services I have not been impressed with the lack of communication and sometimes lack of knowledge that has been apparent within your organisation throughout the process of cancellation. I hope this is something that can be improved in the future.

"

 

 

I recieved a letter in response confirming the cancellation date and stating that the outstanding balance on the account was £40.00(approx) but the cancellation of direct debit was fine as this was advanced billing and would be credited to the final bill.

 

This letter did not state anything more with regards to the refund i had been promised etc but did have a small paragraph apologising for my problems.

 

To my surprise, early last week i recieved a 'default' notice from Virgin media for the magical £150 disconnection fee which i had not paid, requesting the sum within seven days. I called virgin but got nowhere and was constantly told the fee applied, even although they had called me and I confirmed in writing that there was no fee due.

 

Not wanting to cause myself any problems with credit rating etc (although i am highly dubious that this would be a 'real' default) I paid them the sums due.

 

My question now is, where do I go from here? Clearly I am very unhappy about having to pay this amount despite being told it had been waived but what steps can I take to get it back?

 

The thought has also crossed my mind that I am infact fighting a losing battle and should basically give up now.

 

Ps apologies for the long winded post!

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What proof have you that there would be a credit of some sort given by therm? The disconnection fee is variable, it takes into account what you would have paid for the balance of the minimum term, this should also include the 30 day notice period at month 11, but often it misses recent payments, so it is quite possible they hadn't noted the last month's advance payment to account.

 

If there is an error on their part - don't give up, they win too many battles because people don't think it worthwhile. I believe it is. You may not have completed the contract as agreed, but there is no reason to have overpaid either!

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Unfortunately I have absolutely no proof other than their slightly vague reply they sent to my initial letter as it was discussed via a phonecall (from them to me, which conveniently they have no proper record of), which was what prompted me to write to them.

 

I understand the fee is variable, which is fine but I wanted justification from Virgin media which of course they could not provide. It certainly does not cost them 75% of the amount i used to pay to cease 3 services hence why i was unhappy in the first instance.

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It is not a cost-based charge, but a commitment-based one. You agree to take their services with a minimum period of service, whatever the monthgly fee is, from signing, your minimum commitment is x 12 this, less any payments to account.

 

A good trick is to downgrade your services the the lowed possible packages (if allowed, and available) as this calculation to terminate will be based on the custs prevailling - and if you only have to pay £20pm, it will be this that will be charged to the anniversary cancellation date.

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That may well be the case but Virgin media's t&c's don't indicate what the charge will be therefore they must justify this fee in some way which they cannot do.

 

Remember that they only agreed to waive any fee after i pointed out the different charges per minute to the same telephone number hence(i believe) breaking their own terms and conditions. After this conversation my attention turned from the fee they are/ are not charging to moving house as I (foolishly) believed everything was rosey with virgin media.

 

At the end of the day I have paid the amount asked now, and whilst I am still angry with them and would like to get it back it is not an amount i cannot afford. Although I will have to check my credit file to ensure they havent registered any defaults (although i know this is not a full blown default as such) against me or I will be looking to take further action, especially considering the confusion surrounding the whole matter.

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I'm reading this post with interest as i'm about to enter a similar situation with Virgin media myself.

 

I renewed my contract at the beginning of the year and have a big package paying £64.50 a month for phone broadband and tv. I move mid March and just today was told that the new area doesn't support the tv but they can still provide the bb and phone for a minimum of £25 a month.

 

I'm a bit annoyed with this because to get the same as i'm getting now would mean I either pay 25 a month to Virgin and then a further £57 to sky for the same tv. That's £210 extra a year than what i'm paying now! It's not my fault they can't provide tv in my new area so why should I have to pay the £180 they are asking to terminate my services? My contract was for all 3 not just the phone and bb. To add to this I only had the phone because its cheaper to have all 3 together!

 

I will be watching this thread with interest. Anyone else who has this same sort of situation and has advice would be appreciated. Thanks.

 

Hope it goes well for you and hopefully you get back what is owed.

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That may well be the case but Virgin media's t&c's don't indicate what the charge will be therefore they must justify this fee in some way which they cannot do.

Wrong again, I'm afraid. Terms and Conditions do NOT refer to explicit charges - only commitments. They have already justified there will be a fee (your contract breach) and you expect these variable figures to be bentioned? So there is no justification required - expect you to pay for your services as agreed at the appropriate rate. This isn't a penalty that requires justification.

 

Remember that they only agreed to waive any fee after i pointed out the different charges per minute to the same telephone number hence(i believe) breaking their own terms and conditions. After this conversation my attention turned from the fee they are/ are not charging to moving house as I (foolishly) believed everything was rosey with virgin media.

Can you point to where they 'broke' their T&C's? However, so did you - so there would be an expectation of some charges for services not provided, would there not? Tariffs are not part of T&C's, as they too must change, and are due to do so again in April (prices, not T&C's). I can't comment on what you think they offered you. This would require you to call them, with the date of the conversation and ask to check the screen notes and see if this is mentioned, and why you've not received the promised credit.

 

At the end of the day I have paid the amount asked now, and whilst I am still angry with them and would like to get it back it is not an amount i cannot afford. Although I will have to check my credit file to ensure they havent registered any defaults (although i know this is not a full blown default as such) against me or I will be looking to take further action, especially considering the confusion surrounding the whole matter.

If there is anything, it will be a number showing the months the last amount was outstanding until paid, and then show the account closed. I doubt there will be the 'default' you talk about - but it is always good advice to check them anyway.

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Wrong again, I'm afraid. Terms and Conditions do NOT refer to explicit charges - only commitments. They have already justified there will be a fee (your contract breach) and you expect these variable figures to be bentioned? So there is no justification required - expect you to pay for your services as agreed at the appropriate rate. This isn't a penalty that requires justification.

 

Can you point to where they 'broke' their T&C's? However, so did you - so there would be an expectation of some charges for services not provided, would there not? Tariffs are not part of T&C's, as they too must change, and are due to do so again in April (prices, not T&C's). I can't comment on what you think they offered you. This would require you to call them, with the date of the conversation and ask to check the screen notes and see if this is mentioned, and why you've not received the promised credit.

 

.

 

I accept what you are saying in that I have broken the contract and therefore should pay a fee here, however given that the contract itself is variable (i.e i could quite easily have dropped all my services down to the basic level as per a previous post of yours) why shouldn't there be some negotiation in the termination fee applicable?

With regards to them breaking the t&c's i'd have to re-read through them and highlight the section I believe they have broken. I appreciate that tarrifs can change however the two different rates they have charged in a single month, to the same number at the same time of the day. (Possibly clutching at straws with that i know)

I've already tried asking them to look at the call that was made to myself, however whilst they acknowledge a call was made they claim to have no log of who made the call or any notes of what was said to myself. I find it highly unlikely that no notes were made however i can only go on the information i am being given by other members of staff, who at the end of the day have no reason to lie to me.

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