How come Virgin can change contract half way through?

TomsMom

I've been with Virgin for years (since old ntl days). Last June my late husband arranged a new contract with Virgin after a problem with BT over the phone package with them. We went over to Virgin line rental and a broadband/phone package XL which gave us line rental, up to 20mb broadband and phone calls 24/7 included. My husband said "You'll be sorted now for the next 12 months so one thing less to worry about after I've gone" (he knew he was terminally ill and died in October).

For January and February a higher amount has been taken by direct debit and upon checking I've discovered that Virgin are now charging me for the phone 24/7 package which was supposed to be included in the bundle.

I've had a few phone conversations with Virgin, some advisors being more helpful than others, and I've been told that Virgin have changed the contract and are now charging extra for the phone package (£6.10) and it's no longer included.

I thought a contract was a contract and was set for the 12 months agreed. I can understand the increase in line rental and accept that but to suddenly start charging for something that was offered as part of the bundle at the beginning doesn't seem right to me. Virgin wouldn't accept me saying to them that I only want to pay £15 from now on instead of £22!

They are supposed to be checking a phone recording from December where I said I remember the advisor telling me that the monthly amount would stay the same until the end of the contract in July and if they find that I am correct they say they will honour it, otherwise they could offer me a free migration if I don't want to stay with them at the price they've now started charging. They said they would get back within 48 hours, which was up at 10am this morning, but I haven't heard from them yet.

Is it right? Can they change the contract part way through and make me pay extra for something that they agreed would be included originally?

macman

Are you sure that it wasn't £x for 6 months and then £y thereafter?
Subject to that, no they can't rewrite the terms mid contract. They can certainly increase the price, but they can't start charging for something that was inclusive-unless it was for a limited term only.
You cannot migrate on VM cable-you will need a BT based landline installing or reconnecting to get any other ADSL broadband service.

TomsMom

Thanks for the reply Macman.

I don't have VM cable, it's not available where I live. I have a BT landline which has been used all along. Originally paid BT line rental then they c0cked up a supposed upgrade in their package so left BT and went onto line rental from Virgin which in effect they are using the same line.

I have notes my late husband made of conversations with Virgin with dates and times plus names of who he spoke to.

Virgin originally sent a snail mail letter saying our phone service would be line rental plus Talk Evening & Weekend. Hubby phoned and his notes confirm that the package was the 24/7 one and was pending but it was what we were getting. I have an email dated 02.07.11 stating the service would be activated on 18.07.11 and would would include:
"Virgin Phone Line Rental
Phone XL (Talk Unlimited)
Talk Evening & Weekend" (although I don't know why Evening and Weekend has been mentioned as well as XL)
and since then it has been the XL package and phone calls 24/7. The only calls I've had to pay for have been 0845.

Hubby was asked to phone back in December to "maintain the price for the agreed 12 month period".

A billing problem led to a few more phone calls in the meantime, the bill was sorted out and he was told to ring back in November which I did because he was no longer here. I was told the price was to be looked at in January and would possibly rise but to ring back in December to see if there were any deals they could offer.

When I rang in December I was told there was a note on my file that the charge I had been paying would be held until the end of the contract. I asked if I had to ring back again as I couldn't understand why I had to keep ringing when I was on a contract. I was told there was no need to ring back again until the contract ends and to check the monthly direct debits and if there were any discrepancies to ring them. I asked for confirmation in writing but was told the notes were on the file and the phone call had been recorded so that would suffice. This is the phone call they are supposed to be listening to the recording of.

It was only when realising that Jan and Feb's direct debits were more than they should be that I checked my billing on Virgin's site to find they had started charging for the Unlimited Calls 24/7 package and when I rang the other day I was told they had changed the contract and were now charging for it. When I questioned how can they change a contract half way through I was told it was in the Ts and Cs on the website (which I've tried to find that specific item and can't).

As far as I am aware the phone package was not for a limited time, my husband told me the contract was for 12 months and the email confirms it is included although it doesn't give a length of time.

I still haven't heard from them and it's way past the 48 hours they said they would ring within and I really don't know where to go from here.

Buzby

As macman notes, your contract is available for you to read (and enjoy), and nowhere within it is there any mention of explicit amounts for services. This is because a contract is a contract, but a tariff is a flexible as a rubber band. There are more increases coming, bot just VM, but BT too - so you are really limited to checking that the increas/es are 'reasonable'. If they are more than 10% of the original amount, you can ask for a waiver to terminate without penalty, and as phone service is usually a 12 month minimum, you can give notice to leave after this, or ask for a termination based on the upcoming increases which will exceed your budget.

TomsMom

Thanks for the reply Buzby. I have already been told I can have a free migration.

I get your point about tariffs being flexible but when your package price includes all calls 24/7 and your normal itemised bill states

Line Rental £AA
Talk Unlimited £0.00
Broadband XL £BB
Competitor Discount £CC
Total Service Charges £XX.XX

then after a few months they put a charge on the Talk Unlimited, which was originally confirmed was part of the total package, then to me that is breaking the contract we agreed, especially as I was specifically told that the price was confirmed to stay the same until July of this year.