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Virgin Media: 'tough, we've done it now'

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elsietanner71
elsietanner71 Posts: 513 Forumite
Part of the Furniture
edited 12 January 2012 at 12:17PM in Consumer rights
Next week I am moving into the property next door to where I live now. I currently live in House 1 but am moving to House 2.

I am under an 18 month contract with Virgin Media that I would have to pay to get out of so with that in mind, I got Virgin Media to do a site survey as I wanted to make sure they wouldn't damage the block paved driveway at House 2 installing cable services.

The VM site surveyor came and said: 'we can use the existing tubing for where you live now (House 1) and feed it through House 1's garden so we won't need to dig up House 2's driveway.' Brilliant. I reply.

Today they came and installed the new cabling and they have not done anything the surveyor told me they would. I rang to complain. The adviser was extremely unhelpful, wouldn't let me speak to a manager, told me 'well it's done now, I'm afraid' and suggested I write in to customer care if I wasn't happy.

I have called back again and spoken to someone more helpful who has escalated a complaint to the installations team who will allegedly get back to me.

My question is: I would have never agreed if I'd known they were intending to trail wire over my block paved drive. Is it really just 'tough' as the unhelpful adviser said? I would cancel but I'm under contract and would have to pay about £300 to get out of it.

What can I do? Do I have any rights as such.

Please help :(
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Comments

  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Do you have anything from the surveyor to detail what was agreed?
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • bod1467
    bod1467 Posts: 15,214 Forumite
    Do you have anything in writing (email is fine) that confirms how they proposed to do the installation?

    Or do you have a note of the date and time of the call where this was discussed? (VM record all calls I believe - you could raise a Subject Access Request to request copies of all data, including phone call recordings, they hold on you. Would cost up to £10).

    Either of these would support your case, and as such could easily be viewed as evidence that VM have not conformed to contract hence the contract is void. (IMHO)

    Edit: just reread your post - the surveyor came to your property. As HolyDevil ( ;) ) asks - did the surveyor leave you anything in writing?
  • elsietanner71
    elsietanner71 Posts: 513 Forumite
    Part of the Furniture
    edited 11 January 2012 at 5:35PM
    No, unfortunately. I assumed he would make a note. I guess that means I've no come back. :(

    ETA: The helpful person I spoke to had the ID of the person who did the survey he said. Hopefully that will help. I never thought for a minute about getting it in writing. That'll teach me :(
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    No, unfortunately. I assumed he would make a note. I guess that means I've no come back. :(

    ETA: The helpful person I spoke to had the ID of the person who did the survey he said. Hopefully that will help. I never thought for a minute about getting it in writing. That'll teach me :(

    Only if they deny it.

    Still worth contacting the surveyor or installation team in writing asking for an explanation as to why this discussion was ignored -- hopefully they will apologise for the error which can act as your evidence.
  • I actually went out when I saw the cable engineers and said 'you know it's going through the garden of House 1 don't you?' and he nodded. He clearly wasn't taking the slightest bit of notice.

    Thing is, they are coming to do the internal install tomorrow and at that point I won't be able to get it changed. I'm still waiting to hear from them but I'm not holding my breath.

    I have never seen a WM cable trailing over concrete before: can they even do that? Is it safe?
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I actually went out when I saw the cable engineers and said 'you know it's going through the garden of House 1 don't you?' and he nodded. He clearly wasn't taking the slightest bit of notice.

    Thing is, they are coming to do the internal install tomorrow and at that point I won't be able to get it changed. I'm still waiting to hear from them but I'm not holding my breath.

    I have never seen a WM cable trailing over concrete before: can they even do that? Is it safe?

    Having it in writing would undoubtedly make it a hell of a lot easier for you and pretty much cut and dried. But just because you dont have it in writing, doesn't mean you are stuffed. It just makes it harder.

    You could ask them to put off the internal installation until it is fixed (and imo this would be a smart thing to do else they could claim you accepted the contract as it had been carried out and had not indicated that there had been a breach or that you had failed to indicate the significance of the breach). Personally I would also put my complaint in writing to them to make it clear that you do not accept the way the installation was carried out and that this is not in line with how you had agreed for the work to be carried out. I know from experience VM are extremely bad at adding notes to a customers account.

    Unfortunately I'm not an installer so I cant tell you if it is safe to have it installed as it is currently - although it is worth looking into this. If it turns out this is not advisory or unsafe.......you could argue the contract has not been carried out with reasonable care.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • WhiteHorse
    WhiteHorse Posts: 2,492 Forumite
    Full written complaint. Take plenty of photographs. Don't let them do the internal install. Insist that a senior person comes out to see what's been done so far.

    Who actually owns 1 and 2? How can you authorise this work anyway?
    "Never underestimate the mindless force of a government bureaucracy
    seeking to expand its power, dominion and budget"
    Jay Stanley, American Civil Liberties Union.
  • WhiteHorse wrote: »
    Full written complaint. Take plenty of photographs. Don't let them do the internal install. Insist that a senior person comes out to see what's been done so far.

    Who actually owns 1 and 2? How can you authorise this work anyway?

    I own House 2 and have the landlord's consent to use the current cable pipe on House 1.

    I think I will refuse the install tomorrow.

    Thanks for all your advice.
  • lilac_lady
    lilac_lady Posts: 4,469 Forumite
    Refuse the installation and use words such as 'small claims court" in your refusal. Put your complaint in writing and send recorded delivery.
    " The greatest wealth is to live content with little."

    Plato


  • A bit of topic change but since you are moving did virgin end your excisting contract and start a new one? I am moving but only taking the phone and broadband with me(dont do tv in new area), but they are closing my account and setting up another 18month contract. Going to cost £180 if i cancel but still going to cost £86 for instalation!! Just wondered if they can do this.
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