Change to BB speed = new contract?

[Retrovertigo]

I have been on 50meg and VM have been doing me an "ok" deal on it because of many problems I had suffered (I live in Manchester so enough said on that!) but sadly they won't renew the discount for me.

The reason being that they say Manchester is now "fixed" and there are no more over-subscription issues. I know this isn't the case as I have tried a couple of times to grab something off the newsgroups (a couple of ITV shows before anyone loses their knickers and accuses me of anything untoward) and although it should be throttled to appx half my usual speed (according to VM) it never goes above 200ish kbs) and even a 500meg file takes hours at that speed.

Anyway, I now want to switch back down to 30meg because I'm not paying full price for a service not up to scratch. But in the past, most cs advisers want to stick me on a new contract because of that. Which there is no way I'm doing when in the past my experience with the old 20meg service was utterly dire. No way I'm signing my soul away to find the lower tiers are just as bad as ever.

So where do I stand? Oh and for the record should they be charging me £35 which is the price mentioned on the website for 50meg. Because they want to start charging me £38 for it.

Thanks for any advice.

[Dave9946]

Kind of similar to our issue this but different reasons.

But I'd guess there are 2 ways you could argue the issue to your favour or not. The first being retentions\customer services could give you anything and tell you it's not a new contract just to keep you then simply add a note to say it is a new contract and you agreed to it. Difficult to dispute according to some as it seems they often dont keep the calls. By the way, is there a bonus scheme for customer services\retentions if they get a customer to agree to a new fixed term contract and or if they get a certain number of new signups\contrascts per month? This issue could be disputed in the same way that retentions offer deals to keep you for a fixed period yet then go back on it or use the "they were not authorised to offer that deal" line when took up with them when customers call to complain they are paying more than they were contracted for.

The best way I can see is that if your paying the normal regular monthly price then you can fairly claim your not contracted as your not on an offer to have virgin fairly claim you are on a minimum period. But if your paying an offer price\deal (say the half price for 6 months or a free service for 6 months then it's certainly fair to say you will have accepted a new fixed period.

[Retrovertigo]

I have just remembered a phone call I made to VM around 12 months ago when I was worried about being on a contract. I spoke to someone who had responded to me when I tried contacting the CEO. She told me it was a simple matter of putting in the correct "code" for want of a better expression as to whether you were on contract again or not. She made sure my 50meg upgrade was kept as me continuing my normal contract.

Sadly it was a phonecall rather than an email, and for obvious reasons I don't want to give her name. I did have some brief contact with her this past xmas but she isn't in the same dept now.

Actually just dug out an email confirmation she did indeed send. here is a quote from it:

Just some confirmation in regards to our recent telephone conversation, I have now applied the correct code to your account so you are not in any contract with us. This still gives you the same discount making BB Size: XL with your e-billing discount £29 a month with no new contract.

Think this proves that changing packages and then paying your bill doesn't always mean you are automatically on a new contract

[Dave9946]

Yes but some people on here and virgin would probably say that each case is judged seperatly based on circumstances. They would almost certainly say that it's not a policy available to all to go back and alter a persons account status from contracted to non contracted. But just something they do at there own discression based on what a customer tells them at the time of calling. Basically they will avoid giving a direct answer on the issue if you bring up this with reguards to other customers.

Certainly some good information all the same and does seem to indicate while they hide behind the same bit of your contracted because you accepted a service change upon a new bill that they always fail to point out or admit to the fact that they can and do get it wrong and they can change the status.

[PeteLockwood]

i upgrade from 10 to 50 meg and 3 months later they tryed to stop me from downgrading to 30 meg saying i entered a new contract (you only enter contract again if the equipment is changed eg 10 to 50 meg, i already had 50 meg modem and refused the superhub), needless to say the adviser was actually quite stupid and did not bother to check the notes on the account at my request and subsequently led to me also being compensated

[Dave9946]

Hmm, interesting but the change of equipment could also be argued to a persons favour that a change of speed means the current equipment is not fit for purpose, say going from 20meg to 50meg means the old moden wont work. Surely it's the package your paying for not the equipment as you never own that equipment (unless I'm wrong on that) so thus cant realistically be liable for a new contract with new equipment alone unless that equipment is then "gifted" rather than loaned?.

[Peter_]

Originally Posted by Dave9946

Hmm, interesting but the change of equipment could also be argued to a persons favour that a change of speed means the current equipment is not fit for purpose, say going from 20meg to 50meg means the old moden wont work. Surely it's the package your paying for not the equipment as you never own that equipment (unless I'm wrong on that) so thus cant realistically be liable for a new contract with new equipment alone unless that equipment is then "gifted" rather than loaned?.

At all times the modem/set top box remain the property of Virginmedia they are never yours as you only lease them as part of your contract.

[Dave9946]

Originally Posted by Masque

At all times the modem/set top box remain the property of Virginmedia they are never yours as you only lease them as part of your contract.

Yes I know that but would it make a difference on such an issue if outside of a minimum contract period and the older equipment needed replacing with new equipment because of faliure or incompatability issues etc?. Would the customer upon replacement of equipment to say the superhub\50meg plus modem only be given that to replace non working equipment if they were to take out a new contract term?.

If not and they then from there upgraded the speed does that make a difference as to it being a new contract period?

[Peter_]

Originally Posted by Dave9946

Yes I know that but would it make a difference on such an issue if outside of a minimum contract period and the older equipment needed replacing with new equipment because of faliure or incompatability issues etc?. Would the customer upon replacement of equipment to say the superhub\50meg plus modem only be given that to replace non working equipment if they were to take out a new contract term?.

If not and they then from there upgraded the speed does that make a difference as to it being a new contract period?

Replacing faulty equipment has no impact on your contract, you could be leaving at the end of June and if you needed a replacement modem then you would get a modem and you would still disconnect at the end of the month.

[Charliedontsurf]

Is it possible....

If I was to upgrade my broadband I would then enter a new contract. Can I then ring up and cancel the contract and leave free of charge? As that contract would legally have a 7 day cooling off period minimum.

[Kymmy]

You'd probably default back to your existing contract

[Charliedontsurf]

Originally Posted by Kymmy

You'd probably default back to your existing contract

What???? what existing contract?

Did you read what I typed, If I upgraded I would be put onto a NEW contract. There would'nt be another contract only the new contract.

Its Virgins choice to cancel my old contract and put me onto a new one once I have ok'd it. But that new contract is still subject to the 7 day cancelation period.

So can anyone answer, BENMCR perhaps? If I upgrade could I then cancel the new contract? Ya know what I don't see any reason why I couldnt,

[Dave9946]

Originally Posted by Charliedontsurf

What???? what existing contract?

Did you read what I typed, If I upgraded I would be put onto a NEW contract. There would'nt be another contract only the new contract.

Its Virgins choice to cancel my old contract and put me onto a new one once I have ok'd it. But that new contract is still subject to the 7 day cancelation period.

So can anyone answer, BENMCR perhaps? If I upgrade could I then cancel the new contract? Ya know what I don't see any reason why I couldnt,

You gotta love these loopholes when they are asked about. I'd figure Virgin have'nt accounted for such a situation arrising. But I would guess they would suggest to the cutomer that the previous contract wont become fully invalid and void untill the cooling off period for the new contract has expired?.

And in any case that will of cause all covered in there precious "terms & policy" lol

[nfs6600]

Originally Posted by Charliedontsurf

What???? what existing contract?

So can anyone answer, BENMCR perhaps? If I upgrade could I then cancel the new contract? Ya know what I don't see any reason why I couldnt,

There's every reason why you couldn't. Start a new contract and you agree to that contracts terms. Cancel within the 7 days right to cancel you then revert back to your old terms, not stick with those of the new one just because you don't want a contract

[Kymmy]

The new contract will be dependant on you not cancelling it, also the cancellation of the old contract will be dependant on a new contract coming into being and continuing passed the cancellation period.. In effect for the cancellation period you will have two contracts.

So yes I did read what you typed