Virgin Media query

[Andeh13]

First off I hate them so much. Really have no time for their lack of customer service, obtuse billing and hollow promises.


6-7 months ago I was sent a link to upgrade to HD channels (usually £50) free of charge, I rang them to confirm this (and because the website was not working) and they sorted it for me. Whilst I was on the phone to them i also made it very clear I did not want the service if it would lock me into a 12 month contract. They said it wouldnt, so i went ahead with it.

A month ago I rang them to 'cancel' my account and try and get a better deal on my package (large TV, large phone & large net) and they informed me I was tied into a 12 month contract because of this bloody HD channel boost.

I explained to them that over the phone (I have all the details written down) I was told there wouldn't be one. The unhelpful women said tough, that's what our web site says you don't have a leg to stand on. Is this true? if their customer service advisor told me I wouldn't be locked into a 12 month contract, yet their web site does... who's right?

Both times (when I agreed originally, and when I recently spoke to her) they were not aware of the offer and I had to send them the link to it.

Do i have a leg to stand on when asking them to provide me with the recorded phone call confirming them saying that i would not be tied into a 12 month contract...or is the fact it is on their website which i *think* I went through enough?

Cheers guys

[blueball]

ask them for the recorded conversation.

[Macman]

What he says.

I believe sky, virgin, O2 etc etc all record the calls for monitoring purposes. Fight them the whole way, tbh, so many packages and tarriffs these days there's always a catch...

[Andeh13]

Just got a call from them with an offer to upgrade to XL TV for only £4 more a month. Got him to confirm 3 times there there would be no 12 month contract which he agreed with. Somehow I recon there will be a contract in there somewhere, but will leave it for now! Ill be very interested to see what the small print on the docs their sending through to me says...


edit; So say I wasn't to receive the docs they send me (to be fair they send me an awful lot of crap...), and I try to cancel in 3 months....and they say 'but we sent you the info'...where would I stand?

[Macman]

Just got a call from them with an offer to upgrade to XL TV for only £4 more a month. Got him to confirm 3 times there there would be no 12 month contract which he agreed with. Somehow I recon there will be a contract in there somewhere, but will leave it for now! Ill be very interested to see what the small print on the docs their sending through to me says...


edit; So say I wasn't to receive the docs they send me (to be fair they send me an awful lot of crap...), and I try to cancel in 3 months....and they say 'but we sent you the info'...where would I stand?

I'm with Virgin, tbh I've got the full package excluding sky movies and sky sports.

Free Weekend Calls
30mb/s Internet
Xl Package (Inc. All HD channels)
Multi-room box (also Inc. HD Channels)

£50.00 a month
As from Sept I'm now £55.99, however I also get all Sky Sports from my Xbox using my Parents account. And tbh, I'm quite happy with it.

(Touch Wood for the time being...)

[Behemoth]

I really wish I hadn't clicked on this thread, as you've just kicked me into work mode.

However, if you look at your t&c's of your original contract you may well find that when you make any changes, which includes upgrades, your more than likely making quite an alteration that states your in a new 12 month contract unless the t&c's state otherwise.

Three months down the line your more than likely not going to be able to cancel and come out of it, but again down to t&c's of the original contract when you took the service on in the first place.

[Andeh13]

But if I have a recording of them, saying categorically (i asked 3 times...) I will not be under a 12 month contract.. which wins out?

This is what has me confused & somewhat uneasy.

[Larkspeed]

Now don't quote me on this as I am no lawyer but this is how I understand it.

If you can prove beyond doubt that the person on the phone informed you more than once that the HD boost would not tie you to a 12 month contract then I am pretty sure you can have the contract voided.

It should not matter what the web site said as you were not reading the web site at the time but dealing with them directly so you would be unaware of any details on the web site.

It is their job to inform you correctly of any changes to contracts and so forth that would take place and you can only make a decision based on what they tell you, if they have told you no contract when they clearly knew there was a contract or if the company has not trained their staff properly to know if their is a contract or not then they are misrepresenting their product in order entice you to buy and that is illegal.

[ik9000]

+1 to larkspeed therefore demand they produce the record of the conversation. In any event start a formal complaint and keep going all the way to the ombudsman. You'll win in the end.

[mmh]

+1 to larkspeed therefore demand they produce the record of the conversation. In any event start a formal complaint and keep going all the way to the ombudsman. You'll win in the end.

I'm no lawyer, but i do believe they have no legal right to hand over the recordings of the call, and if its likely to put them in the wrong situation, i would not be suprised if they "lost" those particular recordings...

unless you make the recordings yourself this end, you would'nt have a leg to stand on :/

[Andeh13]

Ill just ask them why they started billing me for everything and demand a full refund on services a never requested, as well as compensation for the stress of dealing with unknown charges building up that i didn't ask for! Then kick up a storm...

I do online billing with them, any paper work i receive form them I treat as advertisements. I have no reason to open every single flipping thing they send me. That and prove to me I received the mail you sent out... I really do not like them!

[Behemoth]

But if I have a recording of them, saying categorically (i asked 3 times...) I will not be under a 12 month contract.. which wins out?

This is what has me confused & somewhat uneasy.

You could I suppose argue Misrepreentation, but no matter what has been said in a phone call they will always revert back to the original t&c's of the contract.

[ik9000]

I'm no lawyer, but i do believe they have no legal right to hand over the recordings of the call, and if its likely to put them in the wrong situation, i would not be suprised if they "lost" those particular recordings...

unless you make the recordings yourself this end, you would'nt have a leg to stand on :/

exactly my point. All you have to demonstrate to the ombudsman is produce your record of that conversation. The time, date, who you spoke to, what they said. It can be hand written, provided it was made at the time, it's still admissable. I keep a record for all important calls.

If they claim to have "lost" their record, they therefore have none to produce to counter your record and et voila. The ombudsman rules in your favour, on the basis of the documentary evidence put before him.

[Million]

I negotiated with Virgin for a 12 month contract with the prices of an 18 month contract over the phone. All was agreed many times, I reiterated many times I needed a 12 month contract, and this was acknowledged by three different members of staff.

Then I recieved my paper contract to confirm by signing. It was an 18 month contract. I phoned them, explained the situation, and they assured me I could have a 12 month contract on these terms. That was a month ago. I've been billed once, but haven't been sent another paper contract.

Not sure if I never see and sign a paper contract I'm not bound...

[Behemoth]

Your bound verbally, although more difficult to prove.

[Dareos]

I negotiated with Virgin for a 12 month contract with the prices of an 18 month contract over the phone. All was agreed many times, I reiterated many times I needed a 12 month contract, and this was acknowledged by three different members of staff.

Then I recieved my paper contract to confirm by signing. It was an 18 month contract. I phoned them, explained the situation, and they assured me I could have a 12 month contract on these terms. That was a month ago. I've been billed once, but haven't been sent another paper contract.

Not sure if I never see and sign a paper contract I'm not bound...

Sounds like Virgin Mobile, not Virginmedia, 2 separate entities.