Cancelling Virgin contract - please help!

inabigcountry

Virgin recently sent me a text outlining their change to my contract. Without going into too much detail, they are increasing 0845/0870 numbers from 25p to 40p, and International calling is increasing (USA up from £1 min to £1.40).

I wrote to Virgin complaining about these increases and that as I did not agree to them, as per my agreement, I would like to cancel my contract, as per their T&C's. I am 9 months into an 18 month pay monthly contract.

I received a call back from them last week, and the advisor said that after "speaking with her manager, they have agreed to cancel the contract". She said it would be cancelled on the 14th July, as this is the date of my next payment. She said I would have to return the handset, to which I argued that it was not part of the agreement, but she still said I'd need to return it in the jiffy bag they'd send out.

This was last week. I have not yet received a jiffy bag. I phoned Virgin again today to see if I could get my PAC code. They said I couldn't have this and my contract would not be cancelled until after they receive the handset back. I again argued that in their T&C's it states that the handset is not part of the agreement, but they insisted it was and that they will not cancel my contract until they get the handset back.

What are my rights here? They have clearly broken the agreement by imposing very high increases to certain calls. When I wrote to them about this, they agreed and were going to cancel my contract.
They are now refusing to cancel it until I send the handset back. The T&C's clearly state that the handset is not part of the agreement. Although the handset was provided "free" when I took out the agreement, it is not a "free gift/present" from Virgin. It's "cost" is included in the monthly cost of £22. If I'd have gone for a SIM only deal, it would've been a lot less each month, so I have actually paid something for the handset so far, even though I'm only half way through the contract.

I'm not really sure what to do now. Maybe I need to write to them again explaining that I am within my rights to cancel the agreement, and that they have agreed with me on this and promised to cancel it on the 14th. They never said that they needed the handset back BEFORE the 14th. Would it be unwise of me to cancel the Direct Debit, which I could easily have done after speaking to them last week? (I was expecting it to end on the 14th, so my next payment on the 15th would not be taken out)

Or maybe I should save myself all the hassle and just send it back, as they want, and wash my hands of them? (This is a bit annoying though, as I have actually paid something towards the phone).

Any advice would be much appreciated,

Thanks!

Oscar_The_Grouch

I think your first step should be to read THIS from the Offcom website. You should then phone Virgin and ask them whether they would like to confirm that they will release your PAC code, or would prefer to be reported to the regulator. If they still cause you problems, Offcom can be contacted on 0300 123 3333 or 020 7981 3040. The first number is a "cheap" BT code for calling from home and the second you can use with your inclusive minutes as it's just a London number.

dazzc

Although I do sympathise with your situation, I can't help feeling that Virgin or any other mobile provider would leave themselves open to people cancelling contracts part way through and keeping the handset.

Although you say the handset was free and not part of the contract, I think you would have complained if the handset had developed a fault and Virgin refused to repair it (as it wasn't part of the contract)

Good luck with this and I hope it works out for you

Andyblizz

The phone is not part of the contract.

Therefore you should be free to keep the phone.

Many other networks have had to deal with situation. They choose to change there T&C and therefore it is a cost they must suffer. Most people are totally unaware that you can then cancel the contract. And therefore the network only suffer minimal loss, as the increase in the revenue will more than recoup the lose of a few handsets. (In the past but with more and more sites like this the cost is growing as more people are aware of there rights)

I have cancelled 2 contracts early with 3, due to them changing T&C in the past. And keep both handsets. (It would have been another contract but i was in my last month so wasnt worth it)



An example of how networks should go about changing T&C is O2 with there change in data from unlimited to capped. As anyone with a present contact gets to keep the unlimited data. But all need contracts from 24th June have the new capped data.

Imagine the number of iPhone contracts that still have 12 month plus to run on them. And if they could walk way freely it would cost loads as it would have spread very very quickly if it was possible.

inabigcountry

Oscar_The_Grouch wrote: »

I think your first step should be to read this from the Offcom website. You should then phone Virgin and ask them whether they would like to confirm that they will release your PAC code, or would prefer to be reported to the regulator. If they still cause you problems, Offcom can be contacted on 0300 123 3333 or 020 7981 3040. The first number is a "cheap" BT code for calling from home and the second you can use with your inclusive minutes as it's just a London number.

Thanks Oscar.

I've just spoken to a very helpful guy at OFCOM who has said he will speak to "Senior Management" at Virgin Mobile regarding their delaying of providing me with the PAC code. He said I will receive a call from said Management within the next few days. I'll then be able to discuss the handset issue with someone who has a bit more idea of the rights of myself and Virgin.

I'll post on here once I hear from them.

Thanks again for all of the replies

inabigcountry

Finally got the result I was after. Contract cancelled, and I kept the handset.

They first insisted I return the handset, then they cancelled my contract but charged me over £200 for cancelling early :mad:

After numerous letters and calls, finally got it sorted though.

Thanks for the advice.