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Loss of service

Akrite
Akrite Posts: 11 Forumite
Part of the Furniture Combo Breaker First Post
Hi,

Are there any laws in place that give me the right to cancel my contract with Virgin if I am not receiving a service from them.

Basically I have had problems with my broadband since the start of May with it being on and off intermittently. I had 1 engineer come out and claim to fix the problem but I continued to get the range problems. So they sent a second engineer out and then he claimed to fix the problem also but now since he had been around that evening the broadband disconnected never to turn back on again that was 16 days ago and every time I've rang now they just say there is an issue in the area and its in the process of being fixed and they have told me this now for 15 days.

There has got to be some law or rule somewhere where I can cancel my contract on the basis of there uselessness. I have received loss of service credits but I don't think this is good enough all I want to do is use the Internet and not use all the data on my phone.

Thanks for you help in advance.

Scott

Comments

  • JJ_Egan
    JJ_Egan Posts: 20,281 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Ask VM if you can cancel by mutual consent .
    Your terms and conditions will define your contract but essentially no you cannot just cancel without going through the proper channels
    You should bill them for the data used .
  • AKOOLA
    AKOOLA Posts: 14 Forumite
    Tenth Anniversary Combo Breaker
    In answer to your question, see section 49 of the Consumer Rights Act 2015... Services to be performed with reasonable care and skill. Then further down, sections 54, 55 and 56 about remedies.

    I would highly recommend writing to them and point out your issues and give them reasonable time to respond (2 weeks is fair). point out that they are failing to uphold their part of the contract, quoting section 49 of the CRA. If you're happy for them to attempt a repair then negotiate a reduction in cost for the time you have been without service and until service is fully resumed. If they fail to provide the service with reasonable care and skill then you have a right to cancel the contract, but do so in writing outlining your reasons. However, as the previous poster pointed out, you must go through the proper procedure. Make sure the fault is not occurring because of something you're doing... interference from a microwave or other wifi devices etc. Keep all copies of letters/emails and try not to speak on the phone. If you have to speak on the phone, note the name of the person and the time and date you made the call... a running log. You can record your conversation and you don't have to inform them you are doing so.

    It worked for me when my phone signal kept dropping out. I did as described above and reduced my monthly bills by 50% until they sort the issue. If in the next two months (this has been going on for six months now) the well-known mobile phone company has still not resolved the problem I will be cancelling my contract. All my letters and their emails and the recorded phone conversations will be evidence I may use against them.

    Good luck
  • Al_Ross
    Al_Ross Posts: 939 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    I got out of my Virgin Broadband contract many years ago after contacting the ombudsman.

    I contacted the Ombudsman, explaining that I had contacted Virgin many times but it never improved. I had phoned, emailed been on chat with Virgin, all to no avail.

    The Ombudsman asked what I was looking for. I told me to leave Virgin penalty free.30 minute later I received a phone call from Virgin saying I could leave penalty free.

    I went with Sky after that, no problems, top speed. I then went with B.T, no problems again, Top speed and unlimited downloads
  • Buzby
    Buzby Posts: 8,275 Forumite
    What on earth are 'Range problems'? You have to give them an opportunity to resolve the issue. They appear to agreed there is an issue as they are giving service credits - so you are not being disadvantaged (by paying for a service you cannot use). After 3 months they will agree to a no-fault cessation due to their inability to provide the advertised service. You have no guarantee any other supplier will be any better - indeed, when VM is working as advertised, anything else is a poor substitute.
  • TadleyBaggie
    TadleyBaggie Posts: 6,378 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Buzby wrote: »
    What on earth are 'Range problems'?
    WiFi range perhaps?
  • macman
    macman Posts: 53,128 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    There is no SLA on a residential contract-so all you will get is a credit for the downtime.
    No free lunch, and no free laptop ;)
  • phillw
    phillw Posts: 5,630 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    macman wrote: »
    There is no SLA on a residential contract-so all you will get is a credit for the downtime.

    There isn't an SLA, however ofcom, the ombudsman and the courts would take a dim view on them pursuing you for money if they try to hold you to contract terms when they are unable to provide the service.

    After a month I'd be asking for a deadlock letter for the ombudsman. If the ombudsman didn't act quickly enough then I'd cancel and tell them to go whistle for any early termination charge. If they tried to chase for the debt then I'd take them to small claims court.
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