Trying to leave Virgin Media after 7 months of pain.

Natastna2 · 01-06-2010, 15:27

Hello, I live in Sheffield and had no problems with Virgin Media until November when I extended the contract and switched to 50MB. The speed varied from 0.1MB to 50MB constantly and to cut a long story short, we had a lot of engineers around. Eventually I was told incorrectly that switching to 20MB would help so I have done. Now for the last 5 or so months, the internet speed is 20MB when it works but the internet disconnected every night at around 9pm and comes back on at about lunchtime the next day. As someone who earns their living online, this is unacceptable. I wrote a letter complaining and was expecting to be able to leave as they were not fulfilling their contract. I was told that as we were receiving a television and telephone service and a partial broadband service we woudl not be able to leave without paying 150 pounds. My liason then gave us 3 months free and assured us the problem would be fixed. This was around 5 months ago and every time I ring him he assures me it will be fixed tomorrow/next week/in a month etc. I have contacted Ofcom and Cisas, waiting for the CISAS application form and am trying to get a deadlock letter from Virgin Media. The only information that 9 engineers and "my liason" have come up with is that there is a problem with too much upstream on the server and this knocks the internet off. I'm fed up with being lied to and will, if necessary, take it to small claims court. I was hoping to get some responses from people who have had similar problems and also advice on whether or not they can say that I'm receiving a service and so I cannot leave without paying. I'm sorry for the length of this message but I'm not sure what to do now and any advice would be very helpful. Thanks, Ant.

01-06-2010, 15:33

firstly if you earn your living online you would need a business account for that to have any effect on the outcome of this

Chrysalis · 01-06-2010, 16:17

as zing said if you on a consumer account you wont get anywhere legally, no form of SLA covers this on it.

Natastna2 · 01-06-2010, 16:32

Regardless of whether or not I make my living online, it is still unacceptable that my internet goes off every night from 9pm. If I was to take them to small claims court, could they legitimately say that they are fulfilling the contract as I am receiving phone and TV service even though I only ever wanted the internet and they forced me to take a bundle?

01-06-2010, 16:35

I fully understand your plight and you of course are correct and if they can not provide the service then they are in breach of contract and you do have a right to cancel. I was merely pointing out if you say you use it to earn a living then you will be on a road to nowhere as you also will be in breach

Chrysalis · 01-06-2010, 16:40

Quote:

Originally Posted by Natastna2

Regardless of whether or not I make my living online, it is still unacceptable that my internet goes off every night from 9pm. If I was to take them to small claims court, could they legitimately say that they are fulfilling the contract as I am receiving phone and TV service even though I only ever wanted the internet and they forced me to take a bundle?

I would suggest you can use that as a get out clause so you dont have to honour the full length of your contract, but thats as far as it would probably go.

VM are likely to offer you reimbursement tho if you get in tough with either the CEO office or retentions. Likely a better route then the small claims court.

Kymmy · 01-06-2010, 16:46

Before you do try small claims try reading the terms of services especially the section on liability (section N) and also the restrictions as to usage (which seems to have changed recently as you could use VM residential for working from home as long as your business wasn;t registered at home)

Quote:

1.You are responsible for the way the services are used. You must not use the services to do any of the following acts or allow anyone else to use the services to do such acts:
h.Use any services (including, but not limited to, phone services) for commercial or business purposes;

http://allyours.virginmedia.com/html...ble/terms.html

As for forcing you to take the bundle you're the one who signed the contract for a full package even though they do Broadband only packages

speedfreak · 01-06-2010, 16:55

Forgetting the business thing as thats not really the point, if you are unable to get a connection from 9pm till the following day and you have tried getting them to rectify it then they are unable to provide you with the service. I think its already been said but they are your grounds for being released from any contract. Good luck. Agree with Kymmy though, nobody can "force" you to take the bundle unless of course thats how they made it seem to get you to sign up. Id just forget the small claims thing, if they cant provide it just get out and move on

Peter_ · 01-06-2010, 17:08

If your letter of complaint mentioned that you were running a business on a residential connection then you will have already shot yourself in the foot as that breaches the Terms and Conditions of your contract.

speedfreak · 01-06-2010, 17:09

Quote:

Originally Posted by Masque

If your letter of complaint mentioned that you were running a business on a residential connection then you will have already shot yourself in the foot as that breaches the Terms and Conditions of your contract.

What happens with that though? If VM know you are using it for business would they terminate the contract?

Peter_ · 01-06-2010, 17:13

Quote:

Originally Posted by speedfreak

What happens with that though? If VM know you are using it for business would they terminate the contract?

I expect it would be used if he tried to sue them in this instance, the are other ways to sort this out and possibly with help from the Cableforum's Virginmedia contacts via a moderator.

Kymmy · 01-06-2010, 17:16

As I said I'm sure it's only recetnly changed and the TOS used to say that it was OK to use the services from home (for example working from home to your normal place of business)

It's been posted somewhere before on here not sure where though

speedfreak · 01-06-2010, 17:20

Quote:

Originally Posted by Masque

I expect it would be used if he tried to sue them in this instance, the are other ways to sort this out and possibly with help from the Cableforum's Virginmedia contacts via a moderator.

Reading the OPs post though it sounds like the CEO's office has already been involved but Im guessing, Out of interest though, exactly what would VM do if they knew it was being used for business purposes? Wouldnt they terminate the contract?

Peter_ · 01-06-2010, 17:30

Quote:

Originally Posted by Kymmy

As I said I'm sure it's only recetnly changed and the TOS used to say that it was OK to use the services from home (for example working from home to your normal place of business)

It's been posted somewhere before on here not sure where though

In the Terms and Conditions section D Using the services, section 1 paragraph H it says

Quote:

You are responsible for the way the services are used. You must not use the services to do any of the following acts or allow anyone else to use the services to do such acts:

Use any services (including, but not limited to, phone services) for commercial or business purposes;

http://allyours.virginmedia.com/html...e/terms.html#d

If you are running a business as your sole means of employment from your home which is your primary place of work then that would be in breach of the T&C's.

Working from home if it is not your primary place of work should be OK, as many people do work occasionally from home.

Peter_ · 01-06-2010, 17:31

Quote:

Originally Posted by speedfreak

Reading the OPs post though it sounds like the CEO's office has already been involved but Im guessing, Out of interest though, exactly what would VM do if they knew it was being used for business purposes? Wouldnt they terminate the contract?

No idea about them terminating the contract as I am just reading the T&C's.