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Virgin media robbing my Grandmother!

Avril1991
Avril1991 Posts: 15 Forumite
edited 9 January 2019 at 11:57AM in Phones & TV
I have an on going case with CISAS against virgin media on behalf of my 83 year old grandmother. Virgin media have been charging my grandmother for a Tv service that she has never had, and they have been charging her for this service in my dead grandfathers name since his passing on the 23rd December 2011 from end stage COPD emphysema.

Last September 2018 I became aware of this when my grandmother mentioned to me that she was concerned her monthly telephone bill was going to increase, she had received a letter stating this which was addressed to my late grandfather that her bill will increase by £3.50pm, bringing her monthly bill to £60.24pm. Surprised that she was paying so much for her house phone bill I said I would call virgin media on her behalf to query this.
On the 4th September 2018 I read my grandmas paper bills they were addressed to my "late grandfather C/O grandmother" on the second part of this paper bill in small writing it said "fun tv" I turned to my grandmother and asked are you aware it says TV on your bill, her response was immediately no and she became distressed by this. I then phoned virgin media, got through security no problem and I asked the lady why my grandmother was being charged for tv services that she has never had and why is it addressed to my late grandfather, she apologised and said she would create my grandmother her own account and remove the tv services straight away and that my grandmothers monthly bill will now be £19.99pm.
I told the lady I want to make a complaint and that I would call back the following day as I had to go to work.
The following morning on the 5th September 2018 my grandmother received a phone call from virgin media, a man asked her if she would like to close my Grandfathers account and if she was happy with the service? My Grandmother is an elderly woman who is hard of hearing, she told the man she did not wish to speak to anyone with out me her Granddaughter been with her.
I phoned Virgin Media later that day, to make a complaint and to question why someone has phoned my Grandmother asking to close my Grandfathers account. I got through to an overseas call centre and was refused security for incorrect password, I had got through the previous day with the same password, so I knew it was correct as the password is !!!!!!!!!!!!!!!!!!!!!!!!!!. Still Being refused I was told they would issue me the password, and that they will speak with me no further till I receive the password in the post within 7 days. I rang back immediately, and got through to an overseas call centre again, I was refused security a second time, in frustration I explained why I was calling and the man said he can only pass me to the bereavement department.
When I got through to bereavement the lady told me that I had failed security through a simple spelling mistake on their part and that she would pass me through to the complaints team.
Finally when I got through to a lady in the complaints department, I said I want to make a complaint as my Grandmother was not aware she has been paying for TV services, she was under the impression she was being charged for Telephone services ONLY and why the account was in my Late Grandfathers name when my Grandmother states she informed Virgin media not long after his passing on the 23rd December 2011.
The complaints lady said that she can see on their records in October 2012 my Grandfather telephoned requesting TV services and in December 2012 and February 2013 someone contacted for support with "On demand services", I said I have just told you my Grandfather passed away 2011 so how is that possible? she apologised and said her mistake, it was October 2008 when my Grandfather made the request, December 2010 and February 2011 an "On demand" support call was made. I told her I do not believe this has happened as my Grandparents have always been supplied TV services with Sky and have done since 2002, he would have no reason to request a TV services. I told her my Grandfather was a very poorly man, plus they have never even had any TV equipment from Virgin Media. I then requested a Data Subject Access request, she told me I would receive this in 30 days and that she will pass my complaint to senior complaints manager. A month passed, and on the 10th October 2018 I received a Dead Lock letter. On the letter it says Television services were added onto the account 27th October 2010 and "on demand" support was called on 9th December 2010 and 16th February 2011, I have received no DSA request (and still to this date not recieved), I rang virgin media to be told they have not issued the request and told me to contact CISAS as they have sent me a deadlock letter. I opened a case with CISAS and submitted an application form and provided my evidence. On the 11th of November 2018 virgin media gave their response, they state that on the 23rd October 2008 my Grandfather called to arrange a new agreement and equipment was sent out on 27th October 2008, on the 19th December 2010 and 16th February 2011 the customer contacted to "discuss TV, specifically on demand" and that my Grandmother informed them of his death on the 26th July 2012 and that they sent out TOR forms and that they never received them back. Virgin Media then state that they have not failed in their customer services or duty of care and that no request was made to remove "FUN TV" prior to the 5th September 2018.
I then gave my response to to Virgin medias response letter, I once again repeat that these calls for help with "on demand" did not happen, once again i repeat that TV services were never used nor taken from the company and my Grandparents never recieved any form of TV Equipment for TV services from Virgin Media, and both were never aware of any TV services being supplied by Virgin Media and my Grandmother believed that she has been paying her paper bills for phone servies ONLY.

I have now recieved the Adjudicators response and my claim "does not succeed" as I have not provided enough evidence that my Grandad did not make the request for TV services from Virgin Media, even though Virgin Media have not provided any evidence that he did nor have they provided any evidence that they recieved any form of TV equipment from them, and that they have not failed in duty of care as Virgin Media states they sent my Grandmother TOA forms when she informed them of his death, again they have not provided proof of this. My grandmother says she was never told she would receive any "forms" and that when she informed them of my Grandfathers death she was told that its not possible to change names on an account and that they will send her future bills to "The Late D........ C/O L..........." and Virgin Media have sent her paper bills like this ever since.
I have 30 days to respond to the Adjudicators response and I need advise on what I can do next, I can't prove my Late Grandfather did not make this request even though I know he didn't. Any advice please??
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Comments

  • Takmon
    Takmon Posts: 1,738 Forumite
    1,000 Posts Second Anniversary Name Dropper
    So this TV service had been on every monthly bill since 2008 and your grandmother didn't question it?. Surely she must have realised that paying £50+ a month for just a telephone line was excessive.
  • Cornucopia
    Cornucopia Posts: 16,548 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 9 January 2019 at 12:03PM
    When I've been dealing with an elderly relative's affairs, I've found it very hard sometimes to establish the historic truth of what happened initially to create a particular situation.

    In VM's case, I think the biggest point in your favour is that they must know that the TV service has never been used, and they must know that they never installed a TV Set-top Box. I think I would challenge them on those two bits of info, that you can be reasonably sure of.

    Also, I would challenge whether they have followed their own bereavement process properly (and indeed, whether it is fit for purpose). Although I wouldn't expect them to chase multiple times, it is reasonable, I think, for them to follow up why forms have not been returned, and also for them to provide an easy to follow summary of the services that are being transferred, together with the present state of any contract lock-ins.

    ETA: I edited your post to remove the description of how your password is formed - just a precaution.
  • Takmon wrote: »
    So this TV service had been on every monthly bill since 2008 and your grandmother didn't question it?. Surely she must have realised that paying £50+ a month for just a telephone line was excessive.

    Why should she? Because you say so?
  • Takmon wrote: »
    So this TV service had been on every monthly bill since 2008 and your grandmother didn't question it?. Surely she must have realised that paying £50+ a month for just a telephone line was excessive.

    Not always!! You don't know the full circumstances

    I would keep pestering Virgin Media, do you have twitter? Get on to them on there as well, companies will often respond much quicker there. They must know that the services she is paying for were never set up, also check, as another user has said, that they followed their bereavement policy properly
  • pmduk
    pmduk Posts: 10,683 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Cornucopia wrote: »

    In VM's case, I think the biggest point in your favour is that they must know that the TV service has never been used,

    How do you think they'd know this?
  • Lawcraft
    Lawcraft Posts: 11 Forumite
    Takmon wrote: »
    So this TV service had been on every monthly bill since 2008 and your grandmother didn't question it?. Surely she must have realised that paying £50+ a month for just a telephone line was excessive.
    Old people are not so careful sometimes.
  • Cornucopia
    Cornucopia Posts: 16,548 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    pmduk wrote: »
    How do you think they'd know this?

    Because they never installed a set-top box? Their network also provides a good (theoretical) capability for usage information to be passed back to the server.
  • Cornucopia wrote: »
    Because they never installed a set-top box? Their network also provides a good (theoretical) capability for usage information to be passed back to the server.

    "Because they never PRESUMABLY installed a set-top box".


    I have the sneaky feeling that there may be a Virgin STB stuffed in a cupboard somewhere.
  • Cornucopia
    Cornucopia Posts: 16,548 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 9 January 2019 at 5:42PM
    "Because they never PRESUMABLY installed a set-top box".


    I have the sneaky feeling that there may be a Virgin STB stuffed in a cupboard somewhere.

    I didn't think VM did self-installs? And if they did and the box was disconnected they would presumably know about it. But, yes, this was what I meant when I said that the historical facts can be hard to pin down.

    In the OP's situation, I think I would want to know the Engineer install date and the STB serial number before beginning to perhaps favour VM's version.

    I fully accept that the OP hasn't made a great start on winning MSEers' hearts and minds with the hyperbole of the thread title.

    Re-reading the OP's post, I'm wondering if the scope of the follow-up response to the Adjudicator may not include introducing "new" evidence, anyway. My understanding of the Comms process is that if adjudication fails then the next option is Court.
  • Be_Happy
    Be_Happy Posts: 1,392 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Perhaps I'm missing something in the long first post, but a combination of Sky TV and Virgin phone is unusual. I've always found in the past that Virgin was not competitive in providing telephone line only and the usual form was for a combined phone and basic TV package with TV additions being charged for as required.

    Are there bills from Sky for the TV service which would show that Sky was providing the service during this time.
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