Virgin Media - Moving to a Non Service Area

Jordanderve

I haven't been rude throughout this thread so I would appreciate a more mannered tone than 'no ramble' please. 7 months @ £33pm but that is not 'how it is calculated'.

Anoneemoose

Jordanderve wrote: »

I haven't been rude throughout this thread so I would appreciate a more mannered tone than 'no ramble' please. 7 months @ £33pm but that is not 'how it is calculated'.

How do you know that's not how it's calculated? Sorry if I've missed you saying before.

tomtontom

Jordanderve wrote: »

I haven't been rude throughout this thread so I would appreciate a more mannered tone than 'no ramble' please. 7 months @ £33pm but that is not 'how it is calculated'.

My apologies - please no ramble? And is it 7 months or 8, it was 8 earlier?

Perhaps you could (succinctly) explain how it is not transparent that you need to pay a further 7 (or 8) months at £33?

bod1467

Whilst it is a technicality, the OP is correct ... VM's T&Cs do invoke a circular reference and also do not clearly define the cancellation amount (or a means to calculate it). As such they breach OFCOM rules (as I understand them).

Jordanderve

Thank you Bod. Whilst I appreciate there is a question of morality tin pursuing the waiving of the termination fee. I am convinced there is firstly a drafting error in term J2 which causes the circular reference and secondly, the actual termination fee is not expressed (or an accurate means to calculate it provided) which contravenes the guidance given to them.

tomtontom

bod1467 wrote: »

Whilst it is a technicality, the OP is correct ... VM's T&Cs do invoke a circular reference and also do not clearly define the cancellation amount (or a means to calculate it). As such they breach OFCOM rules (as I understand them).

It is not a circular reference - the section relating to house moves is there for clarity, to make it clear that moving to a non serviceable area is not a reason for terminating your contract without paying for the remainder of service.

The cancellation amount is clear - it is the remainder of the payments that would be due had he fulfilled his contract.

It's hardly rocket science, is it?

Jordanderve

section K - moving house is defined by 3 types of house move, one of which is moving to a non service area. If this is the case, you are liable for term J2 unless you meet the any of section K. Not K1 or K3, section K which is inclusive of K2. Thereby a circular reference is formed. If T&Cs are hardly rocket science, why are they drafted by legal teams and why are millions spent in challenging drafting errors every year? Misselling was hardly rocket science either, PPI was nothing either, clear as day.

[Deleted User]

custardy wrote: »

VM no longer do ADSL IIRC.

Ohhh do they not.... oh well

Jordanderve

Dear All

I have just heard from Virgin Media following my complaint letter as detailed on the opening post. Virgin Media have agreed that the Terms are possibly not completely clear however stated that the terms have been authorised as acceptable by OFCOM.

As a result of my detailed letter which contained many valid points, the termination fee has been waived in full, without question. This has been recorded as a 'gesture of goodwill' on my account.

I have however been instructed to escalate my points with OFCOM and I quote the Virgin Media representative "if I am correct, I will be saving customers millions of £'s & good luck".

From my interpretation of the conversation, Virgin agree that a problem possibly exists and if I pursue it with OFCOM and if I am successful, the T&Cs will need to be changed and refunds paid to everyone who has paid a termination fee as a result of invoking clause K2.

wealdroam

Jordanderve wrote: »

Dear All

I have just heard from Virgin Media following my complaint letter as detailed on the opening post. Virgin Media have agreed that the Terms are possibly not completely clear however stated that the terms have been authorised as acceptable by OFCOM.

As a result of my detailed letter which contained many valid points, the termination fee has been waived in full, without question. This has been recorded as a 'gesture of goodwill' on my account.

I have however been instructed to escalate my points with OFCOM and I quote the Virgin Media representative "if I am correct, I will be saving customers millions of £'s & good luck".

From my interpretation of the conversation, Virgin agree that a problem possibly exists and if I pursue it with OFCOM and if I am successful, the T&Cs will need to be changed and refunds paid to everyone who has paid a termination fee as a result of invoking clause K2.

Sounds like a good result, but it does seem strange that VM apparently need to be instructed by OFCOM to change their T&Cs.

I would've expected VM to correct any errors that they found in their T&Cs without an external prompt being necessary.