Virgin Media Voicemail Service?!?!?!?

Jonny1275

Hi all, bit of advice needed please. I entered a repayment plan with virgin media in july, i lost my job in april and had got behind with my bill. I needed to keep incoming calls and some form of internet so i could job hunt and provide a number for employers to call me on. I set this payment plan up in july this year but a few weeks back i noticed i was not having any messages left on my desktop answering machine, by chance i discovered that virgin media had put their voicemail service on my line in july but not told me. This voicemail picks up after 5 rings where as my desktop machine only picks up after 8 rings. After a few embarrasing phone calls to potential employers i found that three companes had phoned and left messages on the 'virgin voicemail' offering interviews, and more troubling, a recruitment agency had called me twice in august leaving messages both times, offering me a three month employment contract. i contacted virgin media when I discovered the voicemail service was on my line and after investigating their tec people found it had been put on incorrectly and hadn't actually recorded any of the messages it had taken!!! after two weeks of getting fobbed off by customer services i rang their head office and was put through to a member of their executive team. after telling me that i had been a victim of a 'catalogue of errors' he offered to credit my account with £20 as an appology?!?!? consumer direct says i can claim for potential lost earning and inconvenience.... cisas pretty much agree... however virgin claim that i am not entitled as their terms and conditions state they do not pay compensation in the event of lost earnings..... advice need please

Buzby

Cconsumer Direct are talking nonsense. VM have no liability to you for the services they provide, and £20 seems reasonable. Since you don't have a job, the fact you may have been offered one is speculative, and even if damages could be allowed for, there was no guarantee any call would have resulted in a successful contract of employment.

All networks now provide Voicemail as standard, you have to opt out of it if you do not require it. Since their service was faulty, they cannot charge you for it and should provide a rebate - but as it is 'free' this will not benefit you.

Take their offer.

Jonny1275

Thx for your reply Buzby, just to confirm a few details,,, virgin put this service on my line but did NOT tell me, i found out by chance. The recruitment agency i refered to rang me three times, leaving messages twice, offering me the three month contract. When i didnt reply (due to not even knowing they'd left a message) they gave the job to someone else. i appreciate most networks now provide voicemail but surly there must be an onus on the provided to actually tell the customer they are providing it?!?!? in my case i have never had it, they say they put it on the line when i entered the repayment plan so they could leave a message if i missed a payment, but as i can't ring out how would i of accessed the messages even if i knew they were there?

macman

There is no SLA on a residential phone contract, and certainly therefore no possibility of you claiming any consequential loss.
But by all means consult a solicitor and waste some money if you wish.

custardy

Jonny1275 wrote: »

Thx for your reply Buzby, just to confirm a few details,,, virgin put this service on my line but did NOT tell me, i found out by chance. The recruitment agency i refered to rang me three times, leaving messages twice, offering me the three month contract. When i didnt reply (due to not even knowing they'd left a message) they gave the job to someone else. i appreciate most networks now provide voicemail but surly there must be an onus on the provided to actually tell the customer they are providing it?!?!? in my case i have never had it, they say they put it on the line when i entered the repayment plan so they could leave a message if i missed a payment, but as i can't ring out how would i of accessed the messages even if i knew they were there?

VM have had voicemail since long before July

Jonny1275

custardy wrote: »

VM have had voicemail since long before July

i've been with vm snce 2007 but the voicemail was only added to my line on 16th july when i entered the payment plan..

Jonny1275

thanks for the replys... it's a bit disapointing that a company such as vm can apparently treat customers this way, i'll give the complaint a whirl with cisas and see what happends

System

Jonny1275 wrote: »

a recruitment agency had called me twice in august leaving messages both times, offering me a three month employment contract.

Consider talking to the Citizens Advice Bureau. Unless they say it is hopeless, consider writing what you clearly label a "LETTER BEFORE ACTION" to Virgin Media on the following lines:
It is an implied condition of my contract with you for telephone services that you will operate with reasonable care and skill. On the contrary, without telling me, you placed a "Voicemail" service on my line which intercepted calls to me and falsely represented to callers that they could leave messages for me. (Falsely, because you did nothing to inform me of your interception of my calls.) As a result, I was unaware of an offer of employment. I claim damages of [insert reasonable figure for your lost earnings less travel expenses]. Any term in our contract which purports to diminish your responsibility to act with reasonable care and skill is void under the Unfair Terms in Consumer Contracts Regulations. If I do not receive full compensation by [insert date say 14 days ahead], I will issue a Money Claim in the County Court.

https://www.moneyclaim.gov.uk/web/mcol/welcome

http://www.oft.gov.uk/about-the-oft/legal-powers/legal/unfair-terms/

Jonny1275

thanks, this is similar to the advice i was given by both comsumer direct and cisas, i've issued a letter to virgin requesting they either adhere to my request or issue a deadlock letter, at this point i can then set the ball rolling with cisas

[Deleted User]

Jonny1275 wrote: »

thanks, this is similar to the advice i was given by both comsumer direct and cisas, i've issued a letter to virgin requesting they either adhere to my request or issue a deadlock letter, at this point i can then set the ball rolling with cisas

This is pointless. There are no recordings of these job offers and, regardless, what kind of firm leaves a job offer to an answer machine? Are you going to be asking the Recruitment Agency to appear in court to testify these offers were actually made? Why didn't they write to you?

Jonny1275

evidently you have never had dealings with a recruitment agency, they called my house three times over the week, leaving messages twice. they have advised that when i did not repsond they assumed i was no longer interested in the position. when a recruitment agency is tasked with filling a role, it is generaly done within a short time scale which can not be acheived by sendng letters and awaiting a reply.... also fyi, the recruitment agency have confirmed in writing the times they called my house and the details of the job offer that was made