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mis-selling by Virgin Media, new 12 months contract via back door
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Old 01-10-2010, 22:33   #1
yjafor
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mis-selling by Virgin Media, new 12 months contract via back door

I was a contract free virgin media customer before 17th September 2010. Ordered TALK 0845/0870 on 17th of September 2010 & was told it will be 1.50 a month.

Yesterday (30/09/2010) I received a letter about my order. On the 2nd page it says minimum period 12 months which I had not been told when I ordered. After talking (initially they refused to cancel) & faxing the letter to customer service they agreed I have a right to cancel the landline service.

Today I changed my mind and requested to cancel the TALK 0845/0870 not the landline service. I have been told the Talk 0845/0870 will be cancelled shortly but not the 12 months contract.
Because they said the 7 day started from the day the letter posted not from the day I received even on the letter it say it will start after I receive the letter.

Again on the letter "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 the way things were, that's no problem." But it seemeed that they don't want to understand & not interested to cancel the new 12 months contract that came with TALK 0845/0870.

What is my right? What shall I do now? I am so
Thank you.
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Old 01-10-2010, 23:56   #2
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Re: mis-selling by Virgin Media, new 12 months contract via back door

I'm not sure about the actual rules, but it seems to me that if Virgin Media send you a letter stating that you have 7 days to cancel upon receipt of the letter, they can't backtrack on it. I'd call them again, asking to cancel as per your rights stated in the letter. If they refuse, I'd start mentioning Trading Standards and OFCOM.

It also seems to me that the 12 months contract applies to the new service only. If you are out of contract on your other services, I think the call-centre operator will quickly change his/her mind if you threaten to cancel your other services.
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Old 02-10-2010, 00:04   #3
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Re: mis-selling by Virgin Media, new 12 months contract via back door

The 'service' as defined in the Terms and Conditions is either the whole of the phone, TV or Broadband

The £1.50 Talk Plan is a Customer Relations offer, and as such recontracts the phoneline to a new 12 month term. This should have been made clear when they offered it to you.

There does seem to have been a breakdown in communication when it was ordered, so what Virgin should hopefully allow is a return to the services before any changes were made, and the removal of the 12 month term.

By the way the 28 Money Back Guarantee wouldn't apply because you haven't had a new service.
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Old 02-10-2010, 00:10   #4
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Re: mis-selling by Virgin Media, new 12 months contract via back door

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Originally Posted by BenMcr View Post
The 'service' as defined in the Terms and Conditions is either the whole of the phone, TV or Broadband

The £1.50 Talk Plan is a Customer Relations offer, and as such recontracts the phoneline to a new 12 month term. This should have been made clear when they offered it to you.
Thanks Ben. (to the OP: BenMcr works for VM, as stated in his profile)

Any thoughts on what the rules are on when the 7 day period starts (given that the OP has a letter stating it's upon receipt off the letter)?
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Old 02-10-2010, 00:11   #5
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Re: mis-selling by Virgin Media, new 12 months contract via back door

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Originally Posted by danielf View Post
I'm not sure about the actual rules, but it seems to me that if Virgin Media send you a letter stating that you have 7 days to cancel upon receipt of the letter, they can't backtrack on it. I'd call them again, asking to cancel as per your rights stated in the letter. If they refuse, I'd start mentioning Trading Standards and OFCOM.

It also seems to me that the 12 months contract applies to the new service only. If you are out of contract on your other services, I think the call-centre operator will quickly change his/her mind if you threaten to cancel your other services.
Thanks a lot for quick reply. I did try the way you mentioned but failed. They are happy to cancel my whole package (BB + phone) or just TALK 0845/0870 but not the new 12 months contract. Now it seemed they gave me 2 options:
cancal the whole package (have to pay early cancellation fee for landline, don't know how much) or stay with 12 months Land line contract.
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Old 02-10-2010, 00:14   #6
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Re: mis-selling by Virgin Media, new 12 months contract via back door

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Originally Posted by danielf View Post
Any thoughts on what the rules are on when the 7 day period starts (given that the OP has a letter stating it's upon receipt off the letter)?
It's actually 7 working days from the date the written confrimation is received as far as I'm aware.

Obviously that's on the asumption everything going correctly on the original call
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Old 02-10-2010, 00:17   #7
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Re: mis-selling by Virgin Media, new 12 months contract via back door

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Originally Posted by BenMcr View Post
The 'service' as defined in the Terms and Conditions is either the whole of the phone, TV or Broadband

The £1.50 Talk Plan is a Customer Relations offer, and as such recontracts the phoneline to a new 12 month term. This should have been made clear when they offered it to you.

There does seem to have been a breakdown in communication when it was ordered, so what Virgin should hopefully allow is a return to the services before any changes were made, and the removal of the 12 month term.

By the way the 28 Money Back Guarantee wouldn't apply because you haven't had a new service.
Thanks a lot. I can see the light through the tunnell. Its very very hard to make them understand what cancellation right I have got. I will try again tomorrow otherwise have to cancel the whole package if they don't charge early cancellation fee.
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Old 02-10-2010, 00:21   #8
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Re: mis-selling by Virgin Media, new 12 months contract via back door

Are you still within the 7 days upon receipt of the letter?
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Old 02-10-2010, 00:22   #9
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Re: mis-selling by Virgin Media, new 12 months contract via back door

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Originally Posted by danielf View Post
Are you still within the 7 days upon receipt of the letter?
Yes, I am.
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Old 02-10-2010, 00:26   #10
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Re: mis-selling by Virgin Media, new 12 months contract via back door

Just to confirm, this is where the timescales come from http://www.oft.gov.uk/shared_oft/bus...63CA0A401EDFEF

If the required written information is provided after the contract is concluded but within three months (beginning the day after the contract was concluded), cancellation rights will last for seven working days after the information is received.
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Old 02-10-2010, 00:29   #11
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Re: mis-selling by Virgin Media, new 12 months contract via back door

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Originally Posted by yjafor View Post
Yes, I am.
If they don't budge: State that you are disputing the new 12 month contract and ask for a note to that effect being placed on your account when you call them.
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Old 02-10-2010, 02:29   #12
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Re: mis-selling by Virgin Media, new 12 months contract via back door

Sounds like a misunderstanding to me.

Whatever Virgin say, you don't have a new 12 month contract with them if things are as you describe. By definition, you have to agree a contract which is impossible if you weren't told about it!

Escalate your complaint to management via the retentions department as they are most likely to appreciate what you are telling them given that people tend to leave due to dissatisfaction or in circumstances like yours (dial 150 then choose the options for leaving Virgin). If even they have difficulty accepting the inevitable, ask them for the complaints procedure and follow it as far as you need to.

Let us know how you get on - all you really have to do is keep trying until you get to someone sensible and you should be a happy customer once again very soon.
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Old 19-10-2010, 00:21   #13
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Smile Re: update

Quote:
Originally Posted by yjafor View Post
I was a contract free virgin media customer before 17th September 2010. Ordered TALK 0845/0870 on 17th of September 2010 & was told it will be 1.50 a month.

Yesterday (30/09/2010) I received a letter about my order. On the 2nd page it says minimum period 12 months which I had not been told when I ordered. After talking (initially they refused to cancel) & faxing the letter to customer service they agreed I have a right to cancel the landline service.

Today I changed my mind and requested to cancel the TALK 0845/0870 not the landline service. I have been told the Talk 0845/0870 will be cancelled shortly but not the 12 months contract.
Because they said the 7 day started from the day the letter posted not from the day I received even on the letter it say it will start after I receive the letter.

Again on the letter "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 the way things were, that's no problem." But it seemeed that they don't want to understand & not interested to cancel the new 12 months contract that came with TALK 0845/0870.

What is my right? What shall I do now? I am so
Thank you.
Thanks a lot for your advice & support.
Received a call today from VM. I am now out of new 12 months contract as I was before. VM admitted their mistake + apology.
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Old 17-01-2011, 19:21   #14
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Re: mis-selling by Virgin Media, new 12 months contract via back door

Sorry to resurrect a thread, but a related question and I wanted to be clear.

I was just wondering does the 7 working days from receipt of new written contract or 28 day money back guarantee apply to deals obtained from retentions (ie entering into a new 12 month contract on a retentions deal, changing services from Telephone M to Telephone XL and keeping L BB).

If when I receive the written information about the new deal (discussed over a week ago and letter not received yet) I decide not to proceed, do I return to not being in a 12 month contract and go back to the rolling contract?

Many thanks

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Old 17-01-2011, 20:41   #15
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Re: mis-selling by Virgin Media, new 12 months contract via back door

it's a bit late to worry about that now. If you're thinking of cancelling the changes (going back to how things were), why not chase the letter with them and you can ask them at the same time. If they object, tell us what they say if you want more help.
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