28 days cooling off period

[telfordcable]

I have phoned up virgin media about my new 50Mb installation on the 22nd April. I ask them a serious question about 50Mb activated on the 1st day is:

1) Once my 50Mb go live and activated on the day will be starting in a new 12 months contract ? VM say: Yes that right

2) Ok, what about 28 days cooling off period ? Am I allow to downgrade or cancel 50Mb if unhappy with 50Mb service within the first 28 days ? VM say: No, you won't be getting this 28 days cooling period because you are upgrade from 10 meg to 50 meg and renewal in a new 12 months contract because the 28 days cooling off period is for NEW CUSTOMER only.

3) Right ok, can I downgrade to 10Mb ? VM say: Yes you can but you will be paying at the full charge on the 10Mb (no discount or offer applied and you won't getting any refund of £80 either.

This is seem unfair and I told them I had to think it hard tonight and I might cancel my order. They say to me "ok do let me know when you are ready and we can cancel the order for you and refund you £80 back to your debit card and you can staying with your current 10Mb service but make sure you call us back before 21st April".

[Ignitionnet]

Yep you would just get the standard 7 days distance selling regulations required period which would start when you agreed on the product.

The 28 days is discretionary and is new customers only - this is all explained in the T+Cs.

[Milambar]

I'm fairly sure that they are wrong, that the 28 day cooling off period on all new contracts is set in contractual LAW, not company policy.

However, one of the others will know better.

[Edit - Broadbandings beat me to it.]

[telfordcable]

Do you mean I can cancel 50Mb within 7 days once my 50Mb go live on 22nd April mean I can cancel anytime between 22nd April and 29th April ? They never metion to me about 7 days cooling off period ?

---------- Post added at 10:55 ---------- Previous post was at 10:53 ----------

I am going to phone them up now about this 7 days !

[Xteria]

Think it's either from the contract date (you'll get a letter) or from the day you receive the (if any) equipment

[zing_deleted]

Yep you would just get the standard 7 days distance selling regulations required period which would start when you agreed on the product.

The 28 days is discretionary and is new customers only - this is all explained in the T+Cs.


I thought distance selling regs apply to when the product is delivered not ordered

The purchase of goods and services over the internet, by phone or by mail order generally is subject to the Distance Selling Regulations (http://whatconsumer.co.uk/mail-order-goods-and-distance-selling/). One of the most important implications of these regulations is a cooling off period of 7 days during which you have the right to cancel. You must provide notice of cancellation in writing and it must be posted to, left at, faxed or emailed to the business address of the supplier, and you must ensure this is done no later than 7 working days after receipt of goods. Contracts for financial products sold by distance means are subject to different rules, see below for more on this


http://whatconsumer.co.uk/cooling-off-and-cancellations/

interesting doorstep selling gives similar rights

If you have bought something costing more than £35.00 from a trader as a result of a visit to your home or place of work (whether or not the visit was requested by you), you will be protected by the Doorstep selling Regulations (http://whatconsumer.co.uk/doorstep-selling/) - or to give it its proper title: The Cancellation of Contracts made in a Consumer’s Home or Place of Work etc Regulations 2008. These regulations give you a cooling off period of 7 calendar days during which time you have the right to cancel and get a full refund. Just as with the Distance Selling Regulations, you must have been provided with a notice of your cancellation rights, otherwise the agreement may be legally unenforceable

It appears that phone sales are also covered by distance selling

http://www.contractsandagreements.co.uk/does-cooling-off-period-apply-contract-made-phone.html

[telfordcable]

Just get off the phone now. They told me that it will be 7 days cooling off period and can cancel it within 7 days not 28 days. But they did warn me, if cancel within 7 days and leave virgin, i must return the cable modem (50Mb) and wireless router (N) back to virgin within 28 days or otherwise they will charged me £35 for the modem and £100 for the wireless router (n). But if downgrade back to 10 Meg can kept that cable modem and wireless router but the price will be higher rate on 10 Meg (no discount or offer applied) and also lose out £80 activation and installing fee.

I am going to give it a try for 5 days, if speed not good enough on 50Mb then I will cancel it and leave virgin for good.

---------- Post added at 11:17 ---------- Previous post was at 11:16 ----------

I think 7 days is seem unfair (cos too short time) I rather they change it to 14 days instead.

[zing_deleted]

Thought you were doing that anyway. Do you go hot ain ballooning as a pastime? ;)

7 days is reasonable as it gives you at least an option imagine if they didnt give it you

[telfordcable]

forget to add this: virgin also saying within 7 days is 7 working days (excluding saturday, sunday and bank holiday monday)

[Ignitionnet]

Hope you aren't paying for all these calls to Virgin!

7 days is the legal requirement, not 14. Virgin don't do 'try before you buy' apart from the brand new customer thing and even that is because one of their competitors was doing it.

[zing_deleted]

forget to add this: virgin also saying within 7 days is 7 working days (excluding saturday, sunday and bank holiday monday)


working days is standard on all things like this

[telfordcable]

I would be furious and gutted myself if installed on the 1st day of my new 50Mb activated went well with a speed of over 40Mb then few hours later down below 10Mb and if still below 10Mb for four more days then will going to cancel it and lose my £80 !!!

A point to note: within 7 days is not enough time to call tech man to visit my house within 7 days if things went wrong !

[zing_deleted]

I believe you then could fall back on the sales of goods act. If the product is faulty from the start and they can not fix it for whatever reason it then would be unfit for purpose and you would be able to cancel on them grounds

If as in your example you get 10 meg or 20 meg for that matter it is not fit for the purpose of 50 meg and only the lower speeds so that imo would allow a termination to the contract. If though you got 35 meg then Virgin could argue the upto clause

I had poor speeds from UKOnline when they were one of the first to go LLU. 5 months it went on 3 of the 5 I got it free then because they could not fix it they allowed me to cancel

[telfordcable]

Hope you aren't paying for all these calls to Virgin!

My calls are free of charge under BT 0845 on my unlimited anytime calls plan as long it less than 60 minutes per call.

---------- Post added at 11:37 ---------- Previous post was at 11:34 ----------

I believe you then could fall back on the sales of goods act. If the product is faulty from the start and they can not fix it for whatever reason it then would be unfit for purpose and you would be able to cancel on them grounds

If as in your example you get 10 meg or 20 meg for that matter it is not fit for the purpose of 50 meg and only the lower speeds so that imo would allow a termination to the contract. If though you got 35 meg then Virgin could argue the upto clause

Quite scary to get 50Mb (not knowing if 50Mb is performance well or worse than 10Mb Service. Virgin Media is responsible for making sure that 50Mb is fit for purpose service for us all. I just worry about 50Mb speed could plumming down to below 10Mb as I heard many horror stories on the virgin media newsgroup of too many complaint of 50Mb poor speed ongoing and not yet fixed.

[zing_deleted]

then why do you not wait a while instead of rushing in. You make your own bed if it gets uncomfortable its because you didnt use hospital corners ;)

[telfordcable]

I been ask virgin on the phone about the horror stories on the dreadful 50Mb speed and I cannot believe what they say to me "Our 50Mb flagship doesn't mean it will be 50Mb at all times. It up to 50Mb varies from 2Mb up to 50Mb depend on how busy is the network and depend how many connection is sharing in your area. Virgin stated from 2Mb up to is perfect for all broadband users".

[Ignitionnet]

If you're so concerned wait until more work has been done on the network and the product has been given more time to be sorted out.

There will be times when the performance drops from maximum for whatever reason - if you're expecting 50Mbps all the time you'll probably be disappointed. The product is being rushed to market still, network work is still either ongoing or not going at all, and there's still a way to go before all is well.

In any case according to your signature and services list you're on 'Superfast XXL 50Mbps' already with smiley faces all around it! :p:

[popper]

Just get off the phone now. They told me that it will be 7 days cooling off period and can cancel it within 7 days not 28 days.

But they did warn me, if cancel within 7 days and leave virgin, i must return the cable modem (50Mb) and wireless router (N) back to virgin within 28 days or otherwise they will charged me £35 for the modem and £100 for the wireless router (n).

But if downgrade back to 10 Meg can kept that cable modem and wireless router but the price will be higher rate on 10 Meg (no discount or offer applied) and also lose out £80 activation and installing fee.

I am going to give it a try for 5 days, if speed not good enough on 50Mb then I will cancel it and leave virgin for good.

---------- Post added at 11:17 ---------- Previous post was at 11:16 ----------

I think 7 days is seem unfair (cos too short time) I rather they change it to 14 days instead.

Hmm, interesting, we are lead to beleave that theres no real way to return the router from other threads/posts i cant be bothered to find again.....

However that 'must return the modem within 28 days or otherwise they will charged me £35 for the modem ' is most interesting....as an official VM representative response.

if VM billing do for any reason, send out a bill for this £35 DS3 modem charge, and YOU/anyone pays this bill ,or VM retain money for this charge you had already payed as deposit etc you might have made as per the VM T&C , that automaticly means it's then Legally become YOUR property to do with as you please (except reconnect it on to the VM cable OC), perfectly legal to then modify and sell it in any way you please as its now your legal payed for property.

[telfordcable]

If you're so concerned wait until more work has been done on the network and the product has been given more time to be sorted out.

There will be times when the performance drops from maximum for whatever reason - if you're expecting 50Mbps all the time you'll probably be disappointed. The product is being rushed to market still, network work is still either ongoing or not going at all, and there's still a way to go before all is well.

In any case according to your signature and services list you're on 'Superfast XXL 50Mbps' already with smiley faces all around it! :p:

Thanks for your advice, I had phoned up virgin again and made up my mind and they had now cancel my 50Mb order and will refund me £80 back to my debit card within 3-5 working days. They say I am now staying with my current 10Mb for £10 a month.

I think you are right there, best to avoid 50Mb for time being now.

[Ignitionnet]

You're the user adslmax from Think Broadband aren't you?

[telfordcable]

You're the user adslmax from Think Broadband aren't you?

Yes I am.

---------- Post added at 14:21 ---------- Previous post was at 13:55 ----------

good job I did cancel my order cos I saw on sky user forum as the average speed for XXL is quite shocking just under 13Mbps here:

Other Virgin packages
Broadband Package Speed
(up to) Contract
Term Monthly
Fee Download
Avg - Kbps Upload
Avg - Kbps Info
Virgin Media Broadband Size:L 10 meg 12 Mths £15.00 6157.17 414.38
Virgin Media Broadband Size:XL 20 meg 12 Mths £30.00 10857.02 603.33
Virgin Media Broadband Size:XXL 50 meg 12 Mths £50.00 12417.68 883.34

[Sirius]

I been ask virgin on the phone about the horror stories on the dreadful 50Mb speed and I cannot believe what they say to me "Our 50Mb flagship doesn't mean it will be 50Mb at all times. It up to 50Mb varies from 2Mb up to 50Mb depend on how busy is the network and depend how many connection is sharing in your area. Virgin stated from 2Mb up to is perfect for all broadband users".

Then don't sign up. Its that simple ???

I can already see the threads you will start every time the service drops below 49.99 meg

Just to add my service has been second to none and i use it 24-7

https://www.cableforum.co.uk/images/local/2009/04/55.png

[broadbandking]

LOL @ Sirius thats good

[telfordcable]

please use use uk server

---------- Post added at 14:40 ---------- Previous post was at 14:39 ----------

LOL @ Sirius thats good

and where is your post ? afraid to post here cos you probably knew you had slow speed on 50mb right now otherwise you wouldn't post it here.

[broadbandking]

Look at my sig picture mate and you will see the speed I get 24/7, plus when you make a thread it makes funny reading because you normally just post crap but funny to read mate, no hard feelings tho mate?

[telfordcable]

virgin had phoned me and ask me why is my 50Mb is cancel ? I told them because your network can't handle 50Mb full speed as I will NOT paying £44 a month for 50Mb if the 50Mb went below 10Mb and can't fix it. They say "ok fair point taken. Would you like to upgrade to 20Meg for the same current price you are on 10Mb." And I went smile in my face and ask them again "Do you mean you will upgrade me to 20Mb for the price of £10 a month where I was paying at the moment for my 10Mb?" and they replied "yes that correct, You can have 20Mb for just £10 a month for the rest of your contract - 12 months contract!". I say to them "Why you offer me this now?" and they say "because we (the virgin media company) don't want to lose you and don't want to see you as a customer to be unhappy with our service, this is your last offer from us, are you interesting ?". I say "ok put me on 20Mb for £10 a month please". They say "ok it all done for you now and you will get your £80.00 refund to your debit card in the next 3-5 working days and it a pleasure to serve you. Goodbye".

Wow - they going to put me on 20Mb for same price £10 a month !!! That's a bonus.

[Sirius]

please use use uk server


why and make sure you reason is based on facts not your version of reality

This way i test the peering as well ??

[broadbandking]

I can see your next post - Virgin are charging me too much for my 20Mb connection.

I would love to see your account soooooooooooo many discounts, I am certain they can't do that as I have never seen that on a account before thats a stupid deal and one that I am not aware of.

[Sirius]

I can see your next post - Virgin are charging me too much for my 20Mb connection.

I would love to see your account soooooooooooo many discounts, I am certain they can't do that as I have never seen that on a account before that's a stupid deal and one that I am not aware of.

I don't believe a word he says. its all bovine excreta

[telfordcable]

I just done a speed test and I am still on 10Mb ??? They haven't upgrade me to 20Mb. I gonna to phone them back now.

https://www.cableforum.co.uk/images/local/2009/04/54.png (http://www.speedtest.net)

[Sirius]

I just done a speed test and I am still on 10Mb ??? They haven't upgrade me to 20Mb. I gonna to phone them back now.

https://www.cableforum.co.uk/images/local/2009/04/54.png (http://www.speedtest.net)

:LOL:

Its started. Everyone get ready for the mass of posts on this subject ;)

---------- Post added at 15:25 ---------- Previous post was at 15:15 ----------

You're the user adslmax from Think Broadband aren't you?

My thats some history that user has at think broadband :LOL:

[telfordcable]

:mad::mad:just off the phone, they never upgrade me to 20Mb as they say to me it will cost £35 a month if I want to upgrade to 20Mb. I say to them someone phoned me from virgin ask me why i did cancel my 50mb order and they upgrade me to 20mb for the same price at £10 a month the same what I am on 10mb. They say to me "no it not right. Your 10Mb cost £20 a month not £10 a month and there is no discount on your account. I can see your 50mb order and it will be installing on the 22nd of april and will cost you £52 a month". I start to arguement and say "hang on !!! My ebilling show me 10Mb for £10 a month and i had a letter agreement as it stated £10 a month as well". They hold me for few minutes while checking it out. Then came back and say "Hello, sorry you are correct. Yes you are on the 10Mb for £10 a month after discount. I do apology but can I ask you did you order 50Mb ?". I say "yes i did but i had cancel it now". They hold me again and came back "I cannot see it been cancel. Your 50Mb still in processing and your installation date is 22nd of April, nothing was cancel on your account. :mad: I went mad and ask them to double check it again, as it been cancel today my 50mb is cancel already. They ask me to ring up cancellation department to cancel my 50mb order. I went :mad: and hung up in furious, I rang up cancellation department explaining 50mb order, they found no order in my account ??

What a mess !!!

[broadbandking]

Hate to say I told you so, but I told you so

[Sirius]

Hate to say I told you so, but I told you so

Indeed :tu:

[telfordcable]

They never cancel my 50Mb order:mad::mad::mad::mad::mad:

[BenMcr]

So? Speak to Customer Relations on 0845 454 1111 Option 2 Option 2 who will cancel the 50Mbit order

[Sirius]

So? Speak to Customer Relations on 0845 454 1111 Option 2 Option 2 who will cancel the 50Mbit order

This will go on and on and on and well you know the rest ;)

[BenMcr]

I am hoping it won't.

[telfordcable]

All done now cancel my 50Mb order but someone had misunderstood me and they put a request to cancel my broadband service to end. They had finally found the order of 50mb in my account and that had now been cancel.

thanks ben mcr for the correct number.

[Sirius]

I am hoping it won't.Here's hoping :)

[Peter_]

This is like watching a train wreck in slow motion, you just cannot look away.Download Failed (1) (http://smileyshut.com)

[Sirius]

This is like watching a train wreck in slow motion, you just cannot look away.http://smileyshut.com/smileys/new/occhio1.gif (http://smileyshut.com)

Indeed :tu:

[telfordcable]

I had changed me mind ... re-order 50Mb now and it will be installation this Friday. I give it a try out for 7 days see if it was ok, if not, downgrade to 10Mb and never go back to 50Mb ever again. Nor future 160Mb or 200Mb.

[Mick Fisher]

:LOL:

Please move this thread to entertainment. Best laugh I have had for a good while.

[telfordcable]

:LOL:

Please move this thread to entertainment. Best laugh I have had for a good while.

Good call me Mr Bean ! :dunce:

[Peter_]

My thats some history that user has at think broadband :LOL:
Posts the same posts in both forums.

[Sirius]

Posts the same posts in both forums.

You mean the same drivel;)

[Turkey Machine]

I was thinking same twaddle, but meh.

[horrorwood]

What an exciting thread.

[Sirius]

What an exciting thread.

It reminds of a dream i had where i was running away but never got anywhere.

[Ignitionnet]

I'm actually wondering why I'm self-flagellating by reading it. Closet masochist I guess.