Legal Action Against Virgin Media

[bonzoe]

I bet the lawyers are rubbing their hands, they will be the only winners!

If things are so bad, cancel and walk away and enjoy the rest of your life.

[andyr2005]

Hi,

Why don't you guys just take a look at what they are actually giving customers for the money they pay, they expect customers to pay for 10MB and get no more and 1MB at times during the day, roughly 1 in the afternoon, and expect you to believe the bull**** story of that being caused by high TX load, I mean, yeah fair enough, that might be the problem at night, but not during the day, when most people are at work.

At the end of the day, your responses to wether or not I should take legal action are irrelevant, I have spoke to Trading Standards and Ofcom, who both recommended I contact a goverment run organisation called CISAS, which is a similar organisation to Ofcom, but they can take any legal action required to resolve on going issues a communications customer is having.

Tell you what, whoever the mod is, you might as well delete this thread, cause people just dont seem to read the original post anyways, and jump straight to conclusions.

Also, you guys might actually want to take a read of the Code of Practice yourselves.

When a customer signs a contract with a company, the customer is legaly bound to the contract, as is the company to which the contract is being signed, therefore, and break of the contract from either side, can have legal consequences.

In this case, Virgin Media are bound by the contract, and their Code of Practice as stated in the contract. For example you dont pay on time etc, what do they do, they restrict service, apply charges etc. So what happens, when you keep to your side of the contract and they dont?

Absolutely nothing, there is no organisation or body in place to covern this, which in honesty is pathetic, and no way to run a company.

If nothing constructive is going to be posted, then don't post.

Admin, up to you, delete or lock this thread, cause it will turn into a flamming match, I bet!

[foxtrot]

you cant walk away and enjoy the rest of your life and cancel your services , becuse your with them for 12 months.i do have problem with mine and told me they can Not fix my problem so i told them if it ok if i cancel my services they said yeah no problem but need to pay 280.00 !!!

[andyr2005]

Originally Posted by foxtrot

you cant walk away and enjoy the rest of your life and cancel your services , becuse your with them for 12 months.i do have problem with mine and told me they can Not fix my problem so i told them if it ok if i cancel my services they said yeah no problem but need to pay 280.00 !!!

At last, some one who actually may understand what I am on about, as he stated, to walk away you have to pay a cut-off fee, which if they don't provide the services, originally signed for in contract, legally you cannot be held to.

Originally Posted by andyr2005

At last, some one who actually may understand what I am on about, as he stated, to walk away you have to pay a cut-off fee, which if they don't provide the services, originally signed for in contract, legally you cannot be held to.

But as you are not appearing to understand, there are clauses which state that the service that is provided is not guaranteed. So if you are using the service / signed such a contract, you have agreed to this.

Now if you was on a business tariff you would have a point because there is usually service level guarantees applied.

[jerryl]

make an official complaint, if they do something great, if they dont then leave another complaint and switch to a different isp.

[andyr2005]

So,

Lets put this to a different perspective,

You go and pay for a Ferarri, few days later you go to collect it, yet you find it's a Ford Fiesta, so you take it, leave your money and try somewere else to get a Ferarri, cause thats basically the perspective you guys are putting on this.

You mean these http://www.arbitrators.org/CISAS/guidance_notes.asp

Cannot see how they can fine someone.

[lordy]

I agree that, if I was in OP's position, I'd rather invest the energy in getting my internet from elsewhere but ...

Originally Posted by Mick

There are clauses which specifically state that the 10Mb service is not sold 'as is' - in other words, it's sold 'Up to 10Mb' and there are no guarantees for a consistant speed of 10Mb.

Virgin obviously have to provide some basic level of service. I'd be surprised of the contract does not have a 'get out' clause for the customer if Virgin cannot provide a decent level of service. (Sky's contract does, for example). Companies cannot hide behind unfair terms of contracts anymore.

But again, it appears the OP has received some compensations thus far..

[cookie_365]

Originally Posted by AndyCambs

I don't think you'd get legal aid for this..

I know some of the Legal Aid people in Newcastle - they'd have a field day with this one if he was daft enough to apply

Don't want to sound harsh - but complain, see if they make you a good offer, if they don't end the contract as soon as you can and explain to them why.

If your contract isn't up, you can risk walking away and cancelling your DD - but you may find yourself up in court having to demonstrate to a District Judge that they didn't complete the contract if they take out proceedings.

[popper]

of course , you dont need Legal Aid , as thats what the N1 and small claims court is all about......

its not exactly hard to take companys or anyone else for that matter to county court, see the bank charges as an example of how...

[andygrif]

Originally Posted by andyr2005

At the end of the day, your responses to wether or not I should take legal action are irrelevant,

So why bother courting them then?

Originally Posted by andyr2005

I have spoke to Trading Standards and Ofcom, who both recommended I contact a goverment run organisation called CISAS, which is a similar organisation to Ofcom, but they can take any legal action required to resolve on going issues a communications customer is having.

CISAS is an arbitration service which can act as an intermediary between customer and service provider when an agreement cannot be reached. Given that both trading standards and OFCOM seem unable to assist you in your greivance, it might be worth considering that the nature of your greivance does not put your service provider outside of any code of conduct or consumer law.

Originally Posted by andyr2005

Tell you what, whoever the mod is, you might as well delete this thread, cause people just dont seem to read the original post anyways, and jump straight to conclusions.

I find that statement quite offensive. You posted your problem, people replied on the basis of the information you gave. If the answer is not what you're after then either you didn't post all the information needed to get everyone on your side, you don't really have a case or to most rational people the case would not be worth following-up on.

Originally Posted by andyr2005

When a customer signs a contract with a company, the customer is legaly bound to the contract, as is the company to which the contract is being signed, therefore, and break of the contract from either side, can have legal consequences.

What part of their contract are you claiming they are in breach of? And why?

Originally Posted by andyr2005

If nothing constructive is going to be posted, then don't post.

Mr Pot...meet my friend Mr Kettle.

Originally Posted by andyr2005

At last, some one who actually may understand what I am on about, as he stated, to walk away you have to pay a cut-off fee, which if they don't provide the services, originally signed for in contract, legally you cannot be held to.

So you're now saying that you're in the first 12 months of your contract are you? You didn't mention this before.

Even so, if you can prove that your service level has fallen below the expectations set by the provider, then you would under consumer law have a case to cancel the contract as they could be described as not fit for purpose. But clearly your trading standards office doesn't agree.

I would also imagine that if you put Virgin on notice, ie in a letter stating your problem and that if the problem is not solved in seven days, sent via Registered Post to the Company Secretary then they would release you from the contract early and you can get on with your life.

[jkat]

yeh but if i was paying for a (upto) 10mb connection i would expect it to reach 10 meg now and then and not operate as upto 2meg connection! good luck andy!

[AndyCambs]

From your posts on here, I don't think quite honestly you should waste the bus fare going to court.

[WHISTLED]

What a load of rubbish.. Dont even entertain him with discussion. Same old rubbish again and again and again..