Virgin Media Contract Help

Twiggy1983 · 15-10-2007, 18:41

I moved into a new house in May this year and phoned up Virgin to sort out getting my broadband. The guy i spoke to on the phone told me the price per month and what speed i would get (8mb, on a good day if i'm lucky!). I gave him my bank details for the direct debit and he told me the stuff would be sent out to me in 5 working days. He never mentioned anything about a minimum contract and i have signed nothing. what do you think my chances of an easy cancelation are?

ZebUK · 15-10-2007, 18:45

How long ago since the instalation date?

Sirius · 15-10-2007, 18:49

Quote:

Originally Posted by ZebUK

How long ago since the installation date?

To add to that have you registered the service and then used it.

ZebUK · 15-10-2007, 18:50

Quote:

Originally Posted by Sirius

To add to that have you registered the service and then used it.

Sorry - this is irrelevant.

Twiggy1983 · 15-10-2007, 18:52

They sent the modem out on the 2nd July 2007

ZebUK · 15-10-2007, 18:55

So you didn't actually have an installation? In that case 7 days on from the date they sent it or you received it - I'm not sure - you should be able to cancel under the 1974 Consumer Credit Act by putting your request in writing.

There's also something related to 28 days in statutory rights but this is a bit of a grey area for me.

If you are using the service, there is a strong argument that you have 'accepted' any problems and thus waived a right to cancel, so act quickly!

Twiggy1983 · 15-10-2007, 18:59

i have used the service but my point is that until yesterday i had no idea that i was under a contract as no one from virgin media had told. Normally when you take out a contract over the phone, e.g for a mobile etc, the advisor has a long script they have to read out defining the terms of the contract which you agree to over the phone thus forming a verbal contract

ZebUK · 15-10-2007, 19:02

Not all the time, we weren't told that our broadband and phone rental from VM would be a 12 month contract but maybe because it's pretty obvious that renting a phone line is a contractual event.

I only know of one supplier who doesn't hold to a 12 month contract.

Twiggy1983 · 15-10-2007, 19:07

my phone line is a 12 month contract but thats with bt

ZebUK · 15-10-2007, 19:09

You can get pay as you go broadband but they tend to be quite expensive.

Sirius · 16-10-2007, 18:31

Quote:

Originally Posted by ZebUK

Sorry - this is irrelevant.

My point was that if he or she has used the product then VM might take that as having agreed to the contract ?

**Rob** · 16-10-2007, 18:43

There are two issues:

1) The minimum contract. VM would probably argue for ever and a day that they had told you the 12 month minimum contract condition. As that is spread over their websites, amongst other stuff it might be difficult for you to effectively plead ignorance. It would come down to who kicks up the biggest fuss. But to even consider trying using inadequate speeds as a "get out clause" under "breach of contract", you'd need to show a history of complaints to VM, that they have failed to address, given that in the T&Cs they don't guarantee a fault free service.

2) The broadband speed. Is the speed you get "fit for purpose", relative to the advertised / contracted service? Is what you get attributed to Virgin Media's network, or to something on your computer's configuration. Yes Cable isn't supposed to be upset by distance from exchange and stuff, but it is still contended. I don't think anyone has ever proven what is acceptable or not, in a legal sense.

ZebUK · 17-10-2007, 17:09

Quote:

Originally Posted by Sirius

My point was that if he or she has used the product then VM might take that as having agreed to the contract ?

1974 Consumer Credit Act

Under UK law if you buy something you have 7 days grace to return it - same applies to VM. We were told by VM's customer services that the 7 day grace is 7 days from the installation date but this is something I'm going to be looking into with my solicitor because our installation was postponed for a week!

gobbledigook · 18-10-2007, 20:17

Hi guy's

would just like to add that by installing and using VM services you automatically agree to the terms and conditions of supply - minimum 12 month contract.

BUT VM also have a money back guarentee!! you are allowed to cancel at any time during the first 30 days.

hope this helps!!

dan

piggy · 18-10-2007, 20:36

Quote:

Originally Posted by ZebUK

1974 Consumer Credit Act

Under UK law if you buy something you have 7 days grace to return it - same applies to VM. We were told by VM's customer services that the 7 day grace is 7 days from the installation date but this is something I'm going to be looking into with my solicitor because our installation was postponed for a week!

i find that very strange/sad that you would seek a solicitors advise about such a trivial matter (imo) and surely if the install was delayed then the 7 day period is also extented....however vm have gone beyond this and have extended the period to 30 days