Virgin TV Cancellation Charge!

bmcdonagh

Hi,

I decided to take out the XL TV package with Virgin as they were offering a good deal on a V+ box and Sky's was too expensive and I already had a Broadband package with them! This was around 3 or 4 months ago.

My landlord has now put the flat up for sale and I left on Sunday (4/10) and advised Virgin about 3 weeks ago. I am having to move in with a friend for the forseeable future and he already has Sky so I can't take the services with me).

They told me in emails that they will send me a final bill once the services were disconnected (which was first thing on 04/10!) which would contain any refund due as you pay for your services in advance.

I logged into my Virgin Media Account and a notice appeared stating that they needed to talk to me so I called the number and they told me that they had sent a final bill which includes the early cancellation charges and they want £126 (or something like this) after refunding my advance charges as I have cancelled the contract early!

I understand that this would usually be the case if I decided to move to another supplier, etc but I had no choice but to move (my landlord was actually my friend who gave me a good deal on the basis that he would eventually emigrate to Australia and would need to sell the property to fund it - although I didn't expect it to be so soon - anyway, no tenancy agreement!) and I can't take the services with me!

Can they do this? The guy I spoke with at Virgin says that I should've been notified in the emails regarding the cancellation charge - but I wasn't!

I am also now worried about my new EON account as I've had this for only 3 months (again, a good deal) and am £101 in credit because i haven't started the 'winter usage' yet but they have also told me I would likely be due a refund - will they also charge me?

Please help!

Sorry for the long post - it's my first and wanted to give as much info as possible!

spike7451

According to the T&C's below,yes.BUT I cant see anything in their that covers your situation,ie being forced to move.

http://allyours.virginmedia.com/html/legal/oncable/terms.html

J Ending these agreements

1. These agreements will continue until the end of the minimum period for each service you take. After the end of all relevant minimum periods , for services other than premium television services , either Virgin Media Ltd or you may end these agreements by giving the other 30 days' notice. You must pay any relevant usage charges and line rental up to the end of that 30-day notice period.
2. Either Virgin Media Entertainment or you may end the agreement for premium television services at any time after the end of the minimum period for premium television services . If you wish to end the agreement for premium television services before the end of the minimum period , you will be charged the monthly charge that you would have paid for the rest of the minimum period for premium television services .
3. You may also cancel a service other than premium television services during its minimum period by giving us 30 days' notice. If you end this agreement before the end of the minimum period for any of the services (other than in the circumstances outlined in section K or paragraph J5), you must immediately pay (to Virgin Media Payments) the balance of the line rental (if this applies) or the monthly charges (or both) that you would have paid for the rest of the minimum period for each separate service (based on the line rental and monthly charges that you are paying when your agreements end). If you cancel any but not all of your services before the end of their minimum period , you must immediately pay (to Virgin Media Payments) the balance of the line rental (if this applies) or the monthly charges (or both) that you would have paid for the rest of the minimum period for those services (based on the line rental and monthly charges that you are paying when you cancel those services ).
4. If you choose to cancel these agreements you have for Virgin TV services with Virgin Media Ltd in accordance with these terms and conditions, Virgin Media Entertainment shall be entitled to terminate its agreement with you for premium television services at the same time (whether you have chosen to do so or not).
5. If:
   1. Virgin Media Ltd, Virgin Media Entertainment and/or Virgin Media Payments increase their respective charges under these agreements ;
   2. Virgin Media Ltd and/or Virgin Media Entertainment make significant changes to the services so the services you are entitled to receive in return for the charges you pay are significantly altered or reduced; or
   3. Virgin Media Ltd, Virgin Media Entertainment and/or Virgin Media Payments make significant changes to the terms and conditions of these agreements (including the other legal stuff ),
   you may cancel those services affected without penalty by giving Virgin Media Ltd and/or Virgin Media Entertainment (as applicable) at least 30 days' notice in writing. If you cancel any services in these circumstances, the increased charges will not apply to those services during the 30-day notice period and paragraph J3 will not apply if you cancel before the end of the minimum period . If you do not give such notice of cancellation within 30 days of any increase in charges or changes to the services or this agreement being notified to you or, if later, receipt of your first bill following such increase in charges, Virgin Media, Virgin Media Entertainment (if applicable) and Virgin Media Payments will assume that you have accepted the increase in charges and the changes to the services and these agreements and you will no longer be able to cancel your services under this paragraph.
6. If Virgin Media Ltd, Virgin Media Entertainment and/or Virgin Media Payments break the terms and conditions of these agreements , you're free to end these agreements .
7. We and/or Virgin Media Entertainment may end the respective agreement immediately by giving you notice if our and/or Virgin Media Entertainment's authority to operate as a public communications provider is suspended for any reason.
8. When these agreements end or you cancel a service , we and/or Virgin Media Entertainment will deactivate (permanently switch off) any relevant equipment we supplied to you to provide the services . You will no longer be able to use the equipment .
9. If you fail to return or make available for removal any item of the equipment , you may have to pay extra charges for any individual item of equipment , including the replacement cost and reasonable recovery costs. In addition to our other rights, we reserve the right to bring proceedings against you for the return of our equipment .
10. If these agreements are ended for any reason, or if any of the services are cancelled, Virgin Media Ltd and/or Virgin Media Entertainment and/or Virgin Media Payments will be entitled to keep any money Virgin Media Ltd, Virgin Media Entertainment and/or Virgin Media Payments hold (including deposits and advance payments), and to use that money to pay any obligation or debt you may owe under these agreements . Any money remaining after these deductions are made will be refunded to you upon request. Please contact our Customer Care team to request a refund.

K Moving home

1. If you move to another address within our and/or Virgin Media Entertainment's service area, you may ask us and Virgin Media Entertainment (as applicable) to provide the services to your new address. You must provide at least one month's written notice to do this, but neither we nor Virgin Media Entertainment can guarantee to provide you with the services at your new address.
2. If you move to another address during any minimum period paragraph J3 will apply, unless you continue to receive Virgin Media Ltd and/or Virgin Media Entertainment services at your new address (in which case paragraph K3 will apply).
3. If we and Virgin Media Entertainment (as applicable) agree to provide the services to your new address, you will have to pay a service transfer charge (to be paid to Virgin Media Payments). Details of the service transfer charge are set out in the price guides . We and/or Virgin Media Entertainment will also send you a new contract for the services at your new address (which will include the contract for premium television services as applicable) and you will have to keep the services for the minimum period . The service start date will be the date that the services are installed at your new address. You may not be able to keep your phone number if you move house.

E.ON_Company_Representative

Hi bmcdonagh,

Regarding the bit about your E.ON account.

Whether or not you’ll be charged for leaving E.ON is dependent on your tariff, some tariffs will have a cancellation fee.

If you move house however and keep E.ON as your preferred supplier the cancellation fee wouldn’t apply, as you would ‘take’ the tariff with you.

If you were on a tariff without a cancellation fee, then as you’d expect there is no charge for cancelling the tariff/moving home. :T

Call E.ON with details of the move, take a reading on the last day and a final bill will be made, if you have a credit on the account at the final bill date it will be refunded to you.

Calling E.ON with the details also means that if we supply the new property we can sort out setting a new account up and carrying the tariff over if necessary.

Hope this helps.

Brian

bmcdonagh

Thanks Guys.

I'll go forth armed with how unfair it is that Virgin are charging me for something completely outwith my control and that I am unable (not unwilling) to take the services with me!

Also, it appears that EON are not charging me (which is nice) and a cheque is on it's way for the amount in which I am in credit!

Thanks again.

Brian

magicka

I had similar situation with Virgin Media. Had to move when house I rented got repossessed (I was paying rent but landlord defaulted on mortgage). I initially tried the "had no choice in moving" tack with Virgin but they just said, basically, tough, not our problem. This was in April.

I'd phoned them up in April 09 to cancel with a months notice as I had joined them in Nov 07 with a 12 month initial contract and so I thought that past Dec 08 I was out of that contract period. When they told me I owed £120 "early termination of contract" fees I thought it was a clerical error. I discovered that in Jan 09 a sales agent had signed me up to a new 12 month contract without my knowledge. She'd phoned up to say that I could have a TV set-top box (I only had internet and phone up till then) for free as I was "already paying for it in (my) phone line rental". It turns out that she'd added notes to my account on that call saying that the t&c of a new contract had been explained to me and that I had agreed to them. It was also claimed that a contract had been sent out. I'd never received anything.

I've so far refused to pay these fees and have written 5 or so letters to Virgin's Customer Concern dept (some replied to) and innumerable phone calls (very difficult to get anywhere with these - you have to continually demand to speak to line managers - invariably there are promises to phone you back - they invariably don't). Have had 2 letters from debt collectors in July. At same time submitted case to CISAS (adjudicator agency). That 2+ month process resulted in my case failing - i.e. they believe Virgin's word over mine.

I started off with the sure belief that since they didn't have a recording of me agreeing a contract (they claim that they don't have any recording) or a signed contract from me then there was no way they could pursue this. However they assert that the fact that my account has notes on it (written by a commission-hungry sales rep!!!!) and a record of a contract being sent out, then that's plenty 'evidence' that I was aware of the contract and the associated fees.

Although it's the equivalent of being mugged in the street I'm wondering whether I should grit my teeth and pay, just to get shot of it all.

spike7451

If you go to https://www.cablehell.co.uk,that forum has NTL/VM staff working on it (I did too until my redundency) that may be able to help,like the Eon/BT reps on here.
Just a thought.