superhub ties you into new 12 month contract - Page 2

jordyGFC · 14-02-2011, 15:22

Quote:

Originally Posted by RobTi

Never got a letter to explain my new terms

Well i got 2 for each so you can have one of mine lol

gallego1 · 14-02-2011, 16:48

I am also confused regarding the new 12 month contract If I update my BB from 20 - 50 MB then new 12 month contract but I can add and remove tv channels eg sports and movies after 30 days

whats the difference as I am upgrading an existing product in both cases

BenMcr · 14-02-2011, 16:58

Quote:

Originally Posted by gallego1

I am also confused regarding the new 12 month contract If I update my BB from 20 - 50 MB then new 12 month contract but I can add and remove tv channels eg sports and movies after 30 days

whats the difference as I am upgrading an existing product in both cases

Because those are rules that Virgin set for the products

vanman · 14-02-2011, 17:06

Quote:

Originally Posted by BenMcr

Because those are rules that Virgin set for the products

no disrespect ben but is there a written document regarding upgrades to back what you are saying.
i did see the T&C on the upgrade page but that only refers to XXL as far as i can tell

Quote:

Free installation & activation upgrade offer: Offer ends 31st March 2011. Subject to network capacity. 12 month minimum contract term applies. If you cancel during the minimum contract period you will incur an early disconnection fee. Available to existing customers upgrading to broadband size XXL (subject to status and credit checks). Customers on non-standard pricing will need to move to standard pricing to receive these offers. Downgrading services in your bundle during the minimum period will attract a charge.

BenMcr · 14-02-2011, 17:25

This is what I'm guessing the letter says:

We're pretty sure you'll be over the mood with your Virgin Media services! But if you decide to change your mind within the first 7 working days, simply fill in and return the "Right to cancel" letter tucked away with this letter and you can return to the way things were before. If you've added a new service, that new service is also covered by our 28 day money back guarantee, so if you wanted to go back to the way things were, that's no problem. Not that we think you'll want to of course!

This is the paragraph that is included in the letter sent to customers changing their existing services, which at the same time recontracts services

---------- Post added at 17:21 ---------- Previous post was at 17:16 ----------

Quote:

Originally Posted by vanman

no disrespect ben but is there a written document regarding upgrades to back what you are saying.
i did see the T&C on the upgrade page but that only refers to XXL as far as i can tell

http://shop.virginmedia.com/broadband/up-to-30mb.html

Free Virgin Media Superhub for 30Mb, 50Mb and 100Mb: Available to all new broadband customers taking our 30Mb, 50Mb or 100Mb broadband services, and to existing customers upgrading to 30Mb, 50Mb and 100Mb broadband (subject to status and credit checks). Superhub provided free while you are a subscriber. Â£30 activation fee and new 12-month term applies to upgrades to 30Mb.

---------- Post added at 17:25 ---------- Previous post was at 17:21 ----------

Also

http://shop.virginmedia.com/the-lega...tml#complaints

the minimum period that you must keep a service, starting from the service start date or such other minimum period as you have agreed with us. For example, unless you are told otherwise by us, you must keep the phone service, the television service and the broadband service for 12 months from the service start date in each case and, in the case of other services (including but not limited to premium television services, which period you will be notified of by Virgin Media Entertainment), for at least 30 days. We may change the minimum period for any service but this will not affect you if you have already subscribed to that service.

vanman · 14-02-2011, 17:38

but were is the T&C about the Right to cancel 7 working days for upgrades
as it can not be proved that the customer received the letter.

BenMcr · 14-02-2011, 17:43

Quote:

Originally Posted by vanman

but were is the T&C about the Right to cancel 7 working days for upgrades
as it can not be proved that the customer received the letter.

That would be the law. Distance Selling Regulations for new contracts.

http://www.oft.gov.uk/about-the-oft/...g-regulations/

Quote:

The key features of the regulations are:

you must give consumers clear information including details of the goods or services offered, delivery arrangements and payment, the supplier's details and the consumer's cancellation right before they buy (known as prior information)
you must also provide this information in writing
the consumer has a cooling-off period of seven working days.

If you want to dispute whether you got the written confirmation or not you can do so, but as you cannot prove on a phone call that you didn't receive any written confirmation, then it would have to be raised as a complaint.

The computer system also logs everytime written confirmation of a new contract term have been sent out

vanman · 14-02-2011, 17:44

Quote:

Originally Posted by BenMcr

That would be the law. Distance Selling Regulations for new contracts.

http://www.oft.gov.uk/about-the-oft/...g-regulations/

thats fine but what if you dont know the Distance Selling Regulations law
should it be law for V.M to put that in the the T&C.
or not
logging it on a computer is no proof that the customer recived it

BenMcr · 14-02-2011, 17:55

Quote:

Originally Posted by vanman

thats fine but what if you dont know the Distance Selling Regulations law
should it be law for V.M to put that in the the T&C.
or not

Virgin include information about the Right to Cancel everytime they sent out written confirmation of a contract.

That is the law, and is seperate to the Terms and Conditions of service which govern the day to day agreement between Virgin Media and the customer.

---------- Post added at 17:54 ---------- Previous post was at 17:51 ----------

Remember that the Virgin employee should also be making the customer away before they enter the contract, that that is what they are doing and give them the opportunity to decline before doing so.

Again, if someone says that hasn't happened, then an investigation would be made.

---------- Post added at 17:55 ---------- Previous post was at 17:54 ----------

Quote:

Originally Posted by vanman

logging it on a computer is no proof that the customer recived it

Never said, it was. But saying on the phone 'I never got it' isn't proof that you didn't. If there is dispute then it would have to be investigated.

vanman · 14-02-2011, 17:58

Quote:

Originally Posted by BenMcr

Virgin include information about the Right to Cancel everytime they sent out written confirmation of a contract.

That is the law, and is seperate to the Terms and Conditions of service which govern the day to day agreement between Virgin Media and the customer.

when i got my super hub and upgraded to 50Mb i had to sign the installers electronic pad so i signed for my contract.

BenMcr · 14-02-2011, 17:59

Quote:

Originally Posted by vanman

when i got my super hub and upgraded to 50Mb i had to sign the installers electronic pad so i signed for my contract.

The signature on the pad is confirm you are happy with the work done. It's got nothing to do with the contract.

Distance Selling Regulations (again law of the land) do not actually require a written signature for a contract to be valid, because you have given verbal agreement, and requiring a signature before anything can proceed is impractical. Again this is based on all the legal obligations being fulfilled on the call, if they were not, then again a complaint can be raised

Peter_ · 14-02-2011, 18:01

I upgraded on Friday last week and received a letter informing me of the upgrade and the charges on my bill on Saturday.

vanman · 14-02-2011, 18:06

Quote:

Originally Posted by BenMcr

The signature on the pad is confirm you are happy with the work done. It's got nothing to do with the contract.

he didnt tell me that .

---------- Post added at 18:06 ---------- Previous post was at 18:02 ----------

Quote:

Originally Posted by Masque

I upgraded on Friday last week and received a letter informing me of the upgrade and the charges on my bill on Saturday.

i received a letter the same as you.
but i did not sign any thing to say that i received it that my point no proof.

Peter_ · 14-02-2011, 18:09

Quote:

Originally Posted by vanman

he didnt tell me that .

---------- Post added at 18:06 ---------- Previous post was at 18:02 ----------

i received a letter the same as you.
but i did not sign any thing to say that i received it that my point no proof.

You would have just signed the HDNL pad to confirm delivery nothing more.

If you received a contract like I did the is a copy for you to sign and keep but nothing to send back to Virginmedia.

As Ben has stated many times before by virtue of paying for your services you have accepted the new contract in the eyes of the law.

vanman · 14-02-2011, 18:14

Quote:

Originally Posted by Masque

You would have just signed the HDNL pad to confirm delivery nothing more.

If you received a contract like I did the is a copy for you to sign and keep but nothing to send back to Virginmedia.

As Ben has stated many times before by virtue of paying for your services you have accepted the new contract in the eyes of the law.

hdnl didn't deliver an installer brought it round to my house
haven't paid for my upgrade yet as its not due.