Can I cancel Virgin Mobile phone contract when I have up to 10 complaints upheld?

tonythetigeruk78

Hi All

I have had my Samsung S4 from Virgin Mobile since about June 2013. For the first 3 months I had numerous problems which I complained to the Chief Executives Office and each month for about 3 months they cleared my bill so I had nothing to pay.

I have had a few months now where everything has been fine, but then last month I had more issues. One was when I phoned them to increase my allowances. A few days later I received a letter thanking me for taking out their mobile phone insurance (something I never agreed to nor was it even mentioned).

I complained again and they credited £30 to my account. As I was still unhappy and pursuing my complaint the guy I was dealing with said that due to me continuing my complaint and I wasn't happy with his dealing of my complaint, he then removed my £30 credit.

So, the question is am I able to cancel my contract with them due to the consistent and regular problems I have had and would they request I send back my phone? Which now has a cracked screen as well!!

Thank you all for any help offered.

Tony

redcard

So, what are the problems?

You only really told us about the insurance and the cracked screen, which was probably self-inflicted.

tonythetigeruk78

The cracked screen is nothing to do with my complaints and was just added in case they were to ask for the phone back due to requesting my contract be cancelled.

Initially when my phone was on order back in June 2013 I was told my phone would be delivered on a certain date. I took time off work and waited all day. Rang them up late when it hadn't arrived to be told there had been some problems and it wouldn't be delivered until the next day between 7am - 9pm. Again I took a day off and lost more money to get this phone.

After I received my new phone, I had 12 days usage of the new phone with the tariff it came on, however when I received my next bill I was charged the full £38 for the month. After having to make 3 phone calls eventually I spoke to an Indian operator with good enough English to know what my query was and they credited my account as I had been overcharged.

The following month I was told that there was a problem collecting customers direct debits so my payment hadn’t been taken on the date as agreed. They said they would collect on a later date in July. As it had been a few days after the initial agreed date before they sent confirmation of there problem then I had spent the money available in my account as I had assumed all my bills had been paid. I then borrowed some money to make my payment but I could not get it put into my bank in time for the adjusted collection date. Therefore, pretty much immediately after I rang there contact centre and made the payment via card to ensure my account would remain up to date.

On 23 July 2013 I received a phone call from the contact centre saying my direct debit payment had failed so I needed to bring the account up to date or risk having my service cut off. I told the Indian gentleman that I had cleared the payment via card already so there was no payment due. He then terminated the phone call abruptly without even any acknowledgement that he had called in error. I left it at that as I assumed he had then noticed the payment had been made and that is why he hung up on me.

Shortly after, I received my next bill, but on it they had credited my card payment, my refund and the failed direct debit payment so my statement said there was no payment to make and my account was £11.03 in credit and they wouldn’t be taking any payment. I assumed again that they would eventually correct there mistake and take whatever was due from my next statement and therefore budgeted accordingly. I then get a letter saying my account is overdue again when it most definitely wasn't. Again threatened to disconnect me.

A month later they increased my tariff by 10p but due to previous complaints they had credited my account with the balance and so the direct debit would not collect a 10p balance. I received a text saying they were unable to collect and would cut me off if my bill was't paid.

Sometime after that my sim card stopped working and my phone kept saying it had been reported stolen so I was left with no service until I received a new sim.

There was a problem when using my phone and calling there 789 customer services number and it would never connect so I've always had to call them from another number that has cost me therefore these problems have caused me a lot of expense and time.

Add to this the mis-selling of an insurance policy I am sick of having to contact them and spend hours on the phone speaking to incompetent advisors that cannot speak English very well.

Sorry you did ask

Tony

Anoneemoose

In a nutshell, no I doubt you can cancel.

Sounds like an initial billing confusion. A lot of customers don't 'get' the pro rata bit although usually in t&c's.

Re: the SIM/Phone not working...these things happen and they seem to have fixed it.

Have you asked them about not being able to use their free number?

Have they now removed the insurance and did you benefit at all from it while it was on?

tonythetigeruk78

Eventually, about the 10th operator (based in England) that I spoke to realised the problems I had with their free number and was apparently something to do with the signal carrier, which isn't virgin. That is sorted now.

They have removed the insurance although this has caused more issues. A payment was refused by my bank for it before I realised I had it. They have refunded me but these things will affect my credit status with them and will take explaining if and when I provide bank statements for a new mortgage.

I haven't benefited from it as it was in place less than a month. I didn't want it and it wasn't discussed.

Regardless, of how simple the issues may sound. They have not been sorted simply. Each phone call takes around an hour speaking to an overseas operator who cannot understand me properly nor my query.

I shouldn't have to deal with this and surely they are breaking the contract with all these issues!!!!

Anoneemoose

tonythetigeruk78 wrote: »

Eventually, about the 10th operator (based in England) that I spoke to realised the problems I had with their free number and was apparently something to do with the signal carrier, which isn't virgin. That is sorted now.

They have removed the insurance although this has caused more issues. A payment was refused by my bank for it before I realised I had it. They have refunded me but these things will affect my credit status with them and will take explaining if and when I provide bank statements for a new mortgage.

I haven't benefited from it as it was in place less than a month. I didn't want it and it wasn't discussed.

Regardless, of how simple the issues may sound. They have not been sorted simply. Each phone call takes around an hour speaking to an overseas operator who cannot understand me properly nor my query.

I shouldn't have to deal with this and surely they are breaking the contract with all these issues!!!!

I know it's a pain and possibly the insurance thing might be something to pursue (although still not sure this would be grounds for cancelling). Based on the rest of the stuff though, I still don't think it is reason for cancellation.

Re: the rejected payment, they should rectify this on your credit file.

Other than that, I would just say you can always make an official complaint again and see if they will allow you to cancel but I honestly don't think they will and as they have put right everything that has gone wrong, I don't think there's a lot more they can do.

Obviously vote with your feet next time!

mobilejunkie

1) There's only 1 way to find out. Make a formal complaint and (among everything else) 2) demand written confirmation that they have removed ANY adverse entries on your external credit files resulting from their unauthorised call for an insurance payment you didn't agree to. This is the most important thing of all. They will have to write to your bank and get them to do that since it will be the bank who put the entries on and only them that can ask the credit reference agencies to remove them. Also demand reimbursement for any resulting bank charges (and any other compensation you think is reasonable - but don't go overboard). Finally, request that you are released from your contract without penalty in view of the never-ending complaints you have been required to make over its term to date.

Now, they may not release you from the contract (though they might) but if they don't at least sort out the credit files and any resulting costs you can then make a complaint to the Ombudsman (CISAS) though you will have to wait 8 weeks after the initial formal complaint to Virgin or until they fail to deal with the complaint justly.