Virgin Media DM advert banned by ASA.

[Pushkar]

Originally Posted by kkevin666

What the hell is an abnormal amount.

The service was set up to provide 2M/10M/20M/50M which is then PAID for.

If virgins infrastructure cannot handle this or they are profit grabing by artificially reducing services then this should be pointed out .

A tv show - 5 apple HD movie trailers and you're already over the STM limit
on a 10M connection.

Its pitiful and i cant understand why its not illegal Virgin can get away with this.

And then advertise an unlimited service in any form.

They are just clever with their wording, technically it is unlimited but not at the guaranteed speeds , And do be fair to them - I would have done the same and have STM limits if I was the guy who makes these rules.

[Gary L]

Originally Posted by kkevin666

And then advertise an unlimited service in any form.

I've been told that it's only because their claim that only 5% of us are affected is what keeps it 'legal' the truth is it could be a lot more than the published figure, each and every day.

[100meg]

IT would be guarantied remember this is not the first advert they been slapped for

ASA think that only the heaviest of users get hit, but in actual fact we could all get hit one after the other. it's a never ending cycle.

spot one with that m8


remember under the civil disclosure rules you could force em to hand over the proof they that its only the heavy users that get it.

no way out for em hand over paperwork they lose don't hand it over they lose

plus on the balance of provability the numbers just don't add up

[BenMcr]

Originally Posted by Gary L

the truth is it could be a lot more than the published figure, each and every day.

And where is your proof on that?

[Turkey Machine]

Virgin need to provide concrete proof that it is definitely the top 5% of users that get throttled, and they need to do it quick. Too often they get away with bull's excrement in adverts, their network is not fibre optic as they claim it to be (fibre to the exchange / headend maybe, fibre to the cabinet probably not), their throttling is not mentioned clearly on their adverts, and you try reading the small-print on a 20ft billboard - takes the urine, that does!

[Gary L]

Originally Posted by BenMcr

And where is your proof on that?

I don't have any Mr Virgin Media

[BenMcr]

Originally Posted by 100meg

remember under the civil disclosure rules you could force em to hand over the proof they that its only the heavy users that get it.

What civil discolsure rules?

[Ignitionnet]

Originally Posted by Gary L

I don't have any Mr Virgin Media

Think the word was 'could' that you used Gary, it could affect more than 5% - you can't really prove a possible outcome else you'd be saying 'would'

On the other hand the 5% is the number that Virgin give to the ASA and Ofcom so I would assume there is proof that it's below 5%, if there isn't it would cause issues.

[Gary L]

Originally Posted by Broadbandings

Think the word was 'could' that you used Gary, it could affect more than 5% - you can't really prove a possible outcome else you'd be saying 'would'

I know. I was hoping to point that out to him when he came back. but he didn't

[huyi]

Originally Posted by Gary L

I've been told that it's only because their claim that only 5% of us are affected is what keeps it 'legal' the truth is it could be a lot more than the published figure, each and every day.

yeah more like 90% to keep costs down, that is the point i was making in my original posts, they STM everyone anyway regardless of how much you download.

[100meg]

Originally Posted by BenMcr

What civil discolsure rules?

Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below. The information must be furnished by the --------, which gives you ten days to provide what has been requested. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

blar blar

try here http://www.opsi.gov.uk/si/si1998/19983132.htm

try reading PART 31

Disclosure And Inspection Of Documents

[BenMcr]

But that would only be disclosed to the person involved in the court case - to the court only

[100meg]

Originally Posted by BenMcr

But that would only be disclosed to the person involved in the court case - to the court only

what you talking about ?



"to the court only"
where on earth did you get that from
if you don't understand the act when you read it, best get someone too explain it to you.

you don't seem to have any understanding of civil law or procedure do you ?

you cant be as slow as your pretending to be. can you ?

disclosure rules apply to both party's in a civil case be it the Plaintiff or defendant.

if your were a defendant you could require them to hand it over
also if your were plaintiff you could

if they sue you and your the defendant they lose cant and prove there case

if your suing them they lose on balance of probability as the numbers wont add up remember the burden of prof in civil court in not beyond all reasonable doubt. its on the balance of probability

and there claim of 5% and a simple maths proves there blowing smoke with that claim

if they cant back it up with hard evidence they have lost
if it walks like a duck quacks like a duck chances are its a duck.

[BenMcr]

Yes well aware you could ask them to hand it over. So you saying once they did you would then post them online?

Post internal VM documents using in legal proceedings to a 3rd party website?

[AndyCambs]

I'm always amazed at the number of lawyers and barristers that appear to participate in these threads....