Virgin rapped on broadband speeds

[Sirius]

Originally Posted by xxtomasxx

Letter I have written to the ASA... not a happy VM customer

Dear ASA...

I am writing to complain having connected to Vrigin Media and subject to a minimum contract term as a result...

The advertisement uses the term 'UNLIMITED' to highlight a significant benefit, of joining it's ISP's as opposed to its rivals... that being that as a broadband customer, you are not subjected to a fair usage policy that may not be attractive to your usage needs. It was an overriding factor in my choice of this ISP.
That is a good deal and I believe the price to be good too... I connected the service, tweaked my PC to ensure I could reach such a speed and carried out a speed test and I received the speed as promised in the advertisement.
However... an unadvertised 'policy' entitled Traffic Management Policy is limiting my speeds during peak periods of the day to 25% of the promised speed... In my case a 10Mb connection, is limited to just 2.5Mb.
Initially I was not aware of this, I knew that I had troubles with my connection speed, however as an everyday customer, I am not an expert on what a problem may be and so, as you do, I contacted the customer support team and was taken through an array of checks that failed to solve my problem, I was further advised to monitor my speed and that it may be a problem with my PC.
After some time I discovered about Traffic Management Policy, through a website called cable forums. I am aware that I do download considerably, however this was something I had considered when choosing their service as opposed to other available ISPs.
I contacted customer support with my suspicion that in fact it was Virgin Media who had been limiting my speed and after some discussion, It was confirmed to me. I would like to point out, that I find it incredibly sneaky of Virgin Media, in my initial call to not be told what they knew, and I had no idea of. Furthermore, I suspect that it may be a tactic of their support service, to not volunteer this information... especially during the first 30days of service, as I would have had a statutory right to terminate my contract.
As for the advertising, I have read many arguments on the Cable Forum website. I however feel that, if Virgin Media had issues with the amount of data that a user chooses to download, it should have, as other ISPs have done, advertised a fair usage policy. I believe there is a criminal offence entitled “Receiving Goods and services through deception” that is appropriate to their false advertising, as calling a service ‘unlimited’ and then limiting it later on is a way to get customers on board and subject to contract, will have to see out there contracts out until the end.
For periods of a day, I am paying for a 10Mb service and receiving 2.5Mb. If I had chosen a lesser package, I would have paid less. Why am I not being refunded for the time I am having my service limited?? I think that’s undependable and potentially criminal, I certainly have no doubt that the way It was advertised was misleading, with a view to securing valuable business.
In contacting the ASA, I am minded that your role is to protect the consumer from false and misleading advertising. I understand that you have made previous judgement on aspects of Virgin Media policy (BT vs Virgin Media) adjudication. Having read your adjudication, I think the issue I raise is different, in the sense that, I claim that the advertising, carries no warning as to a Traffic Management Policy and that the policy itself, is vague in terms of the criteria of client it applies to, simply stating ‘heavy user’. At least when other ISPs advertise ‘A Fair Use Policy’ you are able as a consumer, identify its criteria with ease. I would also highlight the fraudulent use of the term Unlimited, to bring in customers, who otherwise would have looked elsewhere.
I noted in the forums, as mentioned earlier, that someone pointed out that no other company, would possibly offer a service and the recall part or the majority of the entitlement attached to that service. It’s simply criminal.
I feel the ASA should rule in my favour following examination of this false advertising practice and given the many customers out there who are currently locked into contracts, they didn’t sign up to, receiving services at up to 75% diminished value during times in the evening and the day, with no refund. It should be a judgement of a weight that recognises the appaling advertising that is misleading customers into this money trap and should also send a message to the industry, that such money making endeavours are totally unacceptable to the ASA.
Thankyou

Good Luck. I hope you are able to stuff them good and proper over there STM and unlimited claims

[jungleguy]

get a ntl telewest business account, £50 per month, 20 meg, totally unmetered.

all you have to do is to tell them you work from home and are a professional moaner.

http://www.ntltelewestbusiness.co.uk/

---------- Post added at 22:16 ---------- Previous post was at 22:10 ----------

one other thing.......

what on earth do you guys download that gets your bandwidth throttled?

[Fatec]

Originally Posted by jungleguy

get a ntl telewest business account, £50 per month, 20 meg, totally unmetered.

all you have to do is to tell them you work from home and are a professional moaner.

http://www.ntltelewestbusiness.co.uk/

---------- Post added at 22:16 ---------- Previous post was at 22:10 ----------

one other thing.......

what on earth do you guys download that gets your bandwidth throttled?

Business has STM as well (20Mbit has 6Gb limit between 4-9)

[xxtomasxx]

Originally Posted by jungleguy

get a ntl telewest business account, £50 per month, 20 meg, totally unmetered.

all you have to do is to tell them you work from home and are a professional moaner.

http://www.ntltelewestbusiness.co.uk/

---------- Post added at 22:16 ---------- Previous post was at 22:10 ----------

one other thing.......

what on earth do you guys download that gets your bandwidth throttled?

Sounds great if I wasn't tied down to contract and according to another forum member, thats got Traffic Management too... Im humoured by the 'professional moaner' label too. I know myself, takes alot to write a letter like that, then again, its rarely you come across such unscrumpulous companys.

And really I just can't understand how anyone can defend the practice, even your question about what I download, says it all... first of all its not your business, secondly the assumption that all heavy users are engaged in illegal file sharing is labelling in the highest order. How many sites do you know, where you pay a fee and download, films, music etc?? I know quite a few, in fact im signed up to quite a few and I choose a package to facilitate its usage. Yes I did it because its cheaper than HMV and more conveniant... but its not illegal. Plus you don't see at all, its not about what you use your connection for, its about what your offered, how your sold. Don't tell me that Virgin Media aren't actively seeking 'heavy users' with bold titles of UNLIMITED broadband?? They want a user that downloads lots... there's a market for those people and they went for it. But my objection is not the Traffic Management Policy, its the way in which it was falsley advertised and the fact that I pay hard earned money for a 25% service.

You cannot defend the indefensible, you can only fail to see a blindingly obvious argument.

[nexy33]

The bottom line is they are heavily oversubscribed either due to poor planning illegal equipment and are just blurting out any excuse to make customers pay for there short commings rather than actively rectify the fault

[Nicosia]

i live in a guest house i could get business couldent i? or wouldent that count/>? because guests always wanna connect to our internet so we let them...

even i use much b/w watching online tv so i dont have to sit through adverts by watching on tv... and lots of youtube which there is rarely a day when i dont go over 3GB between 10 - 9 but bussiness is only 4 - 9 thats not all day like residentual customers that would be handy to have no so annoying as all day stming

[jungleguy]

you can get a business account in a residential address, it doesn't need business status. you could be running a web site form your bedroom and need the business support. the only problem is the cost, it more expensive.

[Nicosia]

yeah, so there is not a great deal more in business like higher upload and the stm times are not all day and higher amount of b/w usage during the hours...could be worth it