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Thunderballs · 09-08-2008, 02:58

Dear MR A******e

I am receipt of your letter dated 6th August 2008 (significantly postmarked 7th August) 2008 and letters from ****** dated 24th July 2008 and 28th July 2008 respectively.

These letters variously accuse me of having breached the Terms and Conditions of my Contract with Virgin Media which I wholeheartedly dispute.

All my Virgin Media services were disconnected on the 7th of August some time in the late afternoon and following suspension of my Internet service early in the afternoon of 6th August.

Within your department I have specifically had conversations with ************** on 6th of August and I believe yourself on the 7th of August in relation to these matters.

I have not had it explained to me over the telephone, nor do the letters from your department make it clear, EXACTLY which clauses of the Terms and Conditions of my contract with Virgin Media I have been accused of breaching.

As I am sure you appreciate it is a comprehensive document and some clarification on the matter might have been helpful as specifics are far easier to address than generalities and Contract Law is often complex.

There are three specific issues here that your letters mention.

One relating to an isolated email and the reason for your departments letter of 24th July. One relating to a “highly offensive message” you say was left on your voice mail by me in your letter of the 28th July and one alleging abuses of other suppliers services also mentioned in your letter of 28th of July.

It is alleged that an email sent from my Internet connection addressed to **************** that to quote your letter of 24th July, “can be deemed offensive”.

The email is “sent from” my Internet connection and does not bear my name and was not sent by me or anyone that I know

The email has been addressed to ************** and does not refer to nor is it addressed to a specific person.

The person who sent the email has chosen not to address it to a person or persons
The email address it has been sent to does not specifically look like an individuals email address.

To whom could this be “deemed offensive” given that it is not addressed to a specific person nor does it mention the name of a specific person, and it is not possible to “offend” an inanimate object.

Why are Virgin Media holding me responsible for an email I haven’t personally sent to someone who’s chosen to open an email that is not addressed to a specific person and does not include the name of a specific person and then apparently chosen to deem the contents “offensive”?

If the email has alternatively intercepted by yourselves and “deemed offensive”, on what grounds do you do so and for what purpose? Any number of programs Virgin Media transmits and you solicit people to watch and listen to “could be deemed offensive”

Accusing me of breeching your Terms and Conditions on the basis of this isolated email is absurd.

It hasn’t been written by me or anyone I know
It is not addressed to a person
It doesn’t address a person
It doesn’t refer to an individual
You say it is an isolated email not one of many
It has been sent to one email address not many
It hasn’t been sent via Virgin Media’s email service
It isn’t libelous
You don’t say it contains copyrighted material, viruses or other malicious attachments
It isn’t obviously “Spam”
It clearly is not generic
It isn’t threatening future action
It isn’t coercing someone to commit crime
etc etc.

The second alleged breach of your Terms and Conditions is that I left an “offensive voicemail” as outlined in your letter of 28th July.

I did not find and open that letter until the evening of the 6th August after it came to light in a discussion with Mr. Bull****it. The letter was not referred to by staff within your Customer Service, Technical Support and other front line teams I had spoken to earlier on the 6th before speaking to Mr. Toss*******.

I have not left this message and in conversations with your department no one has been able or willing to play it to me.

I have been specifically told by Mr. W^^^^^^ and I believe yourself, it does not mention my name. Moreover your letter of 28th of July specifically quotes the message – and does not quote my name as being in the message.

To my knowledge I have had no dealings with your department prior to 6th July. I had a telephone conversation with Mr. A******e on 6th of August and I believe yourself on 7th August but I have never spoken to either of you before or left any messages for you before.

Your letters are quite specific. Your letter of 28th of July includes “due to the highly offensive message left by yourself on our voice mail” and your letter of 6th August (postmarked 7th of August) includes “..regarding an offensive voicemail you left..”

In light of your insistence on these matters, I have specifically requested that I wanted all my services as per my contract with you and not a pick and mix of landline telephony and cable TV with a suspended Internet connection.

My contract is for all of those services not some of them and I am not invoiced for them separately.

It appears your department is insisting I send a “letter of apology” , to complete a form you included in your letter of 6th August which requires an admission of contractual breaches by me “..I understand any further breaches of the terms and conditions….”

Moreover your letter of 28th of July outlines some specific consequences of not complying with your wishes and accuses me of currently abusing other provider’s services that I might switch to at a later date and some level of cross supplier compliance or obligation to do what your department wants.

“If you then switch services to another provider and continue to abuse that service we will also arrange for those services to be suspended &/or disconnected.

How that is possible I am somewhat confused about, but the threat is quite unjustifiable and intimidating to say the least.

I have suffered significant financial loss due to the time it has taken me to try and resolve this issue using the means afforded to me by your company,and the inability to work from home.

As it stands at the moment and despite your letter of the 6th of August and several lengthy conversations with Customer Services, Technical Support , Customer Retentions Credit Services, I have all of my services disconnected. Additionally, your letter of the 6th August says email would be closed in 6 weeks but it is also now inaccessible to me.

In conclusion, I reiterate I believe I have done no wrong and have not breached the terms of my contract.

Aside from the offer in the closing paragraph of your letter to me on the of 6th August

“If you have any questions, just leave us a voicemail message on 01633 710 142”

I have been given no other course of action to address this matter than to write.

Yours sincerely,

Mr G F&&& yourself

09-08-2008, 02:58	#45
Thunderballs Inactive Join Date: Dec 2005 Posts: 53	Re: Disconnection for abuse Dear MR A****e I am receipt of your letter dated 6th August 2008 (significantly postmarked 7th August) 2008 and letters from ** dated 24th July 2008 and 28th July 2008 respectively. These letters variously accuse me of having breached the Terms and Conditions of my Contract with Virgin Media which I wholeheartedly dispute. All my Virgin Media services were disconnected on the 7th of August some time in the late afternoon and following suspension of my Internet service early in the afternoon of 6th August. Within your department I have specifically had conversations with ********** on 6th of August and I believe yourself on the 7th of August in relation to these matters. I have not had it explained to me over the telephone, nor do the letters from your department make it clear, EXACTLY which clauses of the Terms and Conditions of my contract with Virgin Media I have been accused of breaching. As I am sure you appreciate it is a comprehensive document and some clarification on the matter might have been helpful as specifics are far easier to address than generalities and Contract Law is often complex. There are three specific issues here that your letters mention. One relating to an isolated email and the reason for your departments letter of 24th July. One relating to a “highly offensive message” you say was left on your voice mail by me in your letter of the 28th July and one alleging abuses of other suppliers services also mentioned in your letter of 28th of July. It is alleged that an email sent from my Internet connection addressed to ************ that to quote your letter of 24th July, “can be deemed offensive”. The email is “sent from” my Internet connection and does not bear my name and was not sent by me or anyone that I know The email has been addressed to ********** and does not refer to nor is it addressed to a specific person. The person who sent the email has chosen not to address it to a person or persons The email address it has been sent to does not specifically look like an individuals email address. To whom could this be “deemed offensive” given that it is not addressed to a specific person nor does it mention the name of a specific person, and it is not possible to “offend” an inanimate object. Why are Virgin Media holding me responsible for an email I haven’t personally sent to someone who’s chosen to open an email that is not addressed to a specific person and does not include the name of a specific person and then apparently chosen to deem the contents “offensive”? If the email has alternatively intercepted by yourselves and “deemed offensive”, on what grounds do you do so and for what purpose? Any number of programs Virgin Media transmits and you solicit people to watch and listen to “could be deemed offensive” Accusing me of breeching your Terms and Conditions on the basis of this isolated email is absurd. It hasn’t been written by me or anyone I know It is not addressed to a person It doesn’t address a person It doesn’t refer to an individual You say it is an isolated email not one of many It has been sent to one email address not many It hasn’t been sent via Virgin Media’s email service It isn’t libelous You don’t say it contains copyrighted material, viruses or other malicious attachments It isn’t obviously “Spam” It clearly is not generic It isn’t threatening future action It isn’t coercing someone to commit crime etc etc. The second alleged breach of your Terms and Conditions is that I left an “offensive voicemail” as outlined in your letter of 28th July. I did not find and open that letter until the evening of the 6th August after it came to light in a discussion with Mr. Bullit. The letter was not referred to by staff within your Customer Service, Technical Support and other front line teams I had spoken to earlier on the 6th before speaking to Mr. Toss***. I have not left this message and in conversations with your department no one has been able or willing to play it to me. I have been specifically told by Mr. W^^^^^^ and I believe yourself, it does not mention my name. Moreover your letter of 28th of July specifically quotes the message – and does not quote my name as being in the message. To my knowledge I have had no dealings with your department prior to 6th July. I had a telephone conversation with Mr. A***e on 6th of August and I believe yourself on 7th August but I have never spoken to either of you before or left any messages for you before. Your letters are quite specific. Your letter of 28th of July includes “due to the highly offensive message left by yourself on our voice mail” and your letter of 6th August (postmarked 7th of August) includes “..regarding an offensive voicemail you left..” In light of your insistence on these matters, I have specifically requested that I wanted all my services as per my contract with you and not a pick and mix of landline telephony and cable TV with a suspended Internet connection. My contract is for all of those services not some of them and I am not invoiced for them separately. It appears your department is insisting I send a “letter of apology” , to complete a form you included in your letter of 6th August which requires an admission of contractual breaches by me “..I understand any further* breaches of the terms and conditions….” Moreover your letter of 28th of July outlines some specific consequences of not complying with your wishes and accuses me of currently abusing other provider’s services that I might switch to at a later date and some level of cross supplier compliance or obligation to do what your department wants. “If you then switch services to another provider and continue to abuse that service we will also arrange for those services to be suspended &/or disconnected. How that is possible I am somewhat confused about, but the threat is quite unjustifiable and intimidating to say the least. I have suffered significant financial loss due to the time it has taken me to try and resolve this issue using the means afforded to me by your company,and the inability to work from home. As it stands at the moment and despite your letter of the 6th of August and several lengthy conversations with Customer Services, Technical Support , Customer Retentions Credit Services, I have all of my services disconnected. Additionally, your letter of the 6th August says email would be closed in 6 weeks but it is also now inaccessible to me. In conclusion, I reiterate I believe I have done no wrong and have not breached the terms of my contract. Aside from the offer in the closing paragraph of your letter to me on the of 6th August “If you have any questions, just leave us a voicemail message on 01633 710 142” I have been given no other course of action to address this matter than to write. Yours sincerely, Mr G F&&& yourself