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-   -   Virgin Mis-Sold me a Contract (https://www.cableforum.uk/board/showthread.php?t=33711599)

ClemFandango 31-12-2022 01:07

Virgin Mis-Sold me a Contract
 
This is a bit of a nightmare and a bit long, so I apologise in advance.

Joined them in August this year after a series of sales calls. I agreed to one particular package but when I received the contract email, it didn't match what I was offered so I called back to retentions to inform them of the situation and that I wanted to cancel.

The individual I spoke to offered me 350mb Fibre Broadband and Anytime landline calls for £9 a month, so of course I'm taking that. I knew it was highly unusual so i made the point of repeating the offer as clearly as i could and asking him to verify it in anticipation of the likelihood of having to have the call listened to and he did indeed confirm it.

My September bill was the first proper bill which included the installation fee and the other usual bits for your first bill, but then I had to ring in to correct the contracted price as the monthly price after the various discounts wasn't showing the £9 I had accepted.

As you'd imagine with Virgin, everyone at the call centre had their own version of the situation and dealt with it differently so it was a huge headache.

Eventually raised a formal complaint to get the call listened to and I was subsequently assured everything had been resolved. A credit was applied to the account which meant I wouldn't be paying a bill in October but the November bill would be the £9 as agreed, which happened.

I logged in to my account a few weeks ago to find my next bill is now £19.65 so once again, I'm ringing them back to correct the price as it's not what I agreed to.

I get told repeatedly that there was no such £9 offer on the system, even though I explained that the call had already been listened to and validated. I then get told that my Anytime landline calls was only discounted for 3 months, which was brand new information.

I also get told that after this £19.65 bill, I won't get charged in February due to a new mystery credit being applied to my account, but that from March, my regular bill will be £17.

I explain again (again) about the offer I accepted and in the course of a 60 minute phonecall, I was transferred to 4 different people, the last one actually being someone in the complaints department.

Things got particularly tense as I told him I'd had enough and I didn't want to keep arguing for this promised price each month, so I said I either wanted the contracted price I'd been promised or I wanted to be able to leave penalty-free and go elsewhere. I said if that wasn't possible I would basically willingly breach my contract and walk away anyway.

He said I could escalate the complaint to Ofcom and ask for a deadlock letter but I declined the offer at that point.

He then said he would initiate the disconnection process there and then, but, thankfully, after I calmed down somewhat we agreed to leave things as they were until after Christmas.

My problem with this is, I think, largely down to me being autistic. With that, I find it extremely difficult to let something like this go and my brain is telling me I have to fight to the death to either get what I've been offered or get away from the contract.

What exacerbates that is that I fully accept that £17 for the package I have is a fantastic price and I know if I was eventually successful in getting away from the contract, I wouldn't get anywhere near what I'm getting for the price so there would definitely be the element of cutting off my nose to spite my face.

I've made a SAR request to see if I can actually get something tangible to argue my case but I'm not hopeful.

I appreciate it if you've made it this far without dozing off :).

Now I fully acknowledge and understand that I'm getting a great deal even for £17 a month but I do think the principle of being mis-sold a contract still applies regardless of that because I was offered and accepted a price to join Virgin as a new customer and within 3 months they are telling me they are all but doubling the price and that I cannot do a thing about it.

I'm honestly not entirely sure what I'm asking here really, as daft as that sounds, but if you've made it this far then I'd certainly at least appreciate your thoughts on the situation. I don't have many options to right this 'wrong' but, as I've said, I'm finding it difficult to let it go even though I know I should.

Mr K 31-12-2022 02:11

Re: Virgin Mis-Sold me a Contract
 
A contract is a contract, even if its verbal. If the original recording backs you up then you've got them by the short and curlies, unless they've convieniently lost the recording.
I had a similar situation where the agreement I'd negotiated over the phone wasn't reflected in the written contract that came through. Seems to be standard practice for VM looking at their support forum. After a complaint they then agreed to honour the verbal agreement.
You are right not to let it go.
All academic anyway as they'll be increasing prices for everyone massively in the new year, at which point we can all leave if we wish.

Taf 31-12-2022 10:57

Re: Virgin Mis-Sold me a Contract
 
My daughter went through similar, but most of it was in printed form from Virgin.

"I was on an unlimited package for over £28.45. Rachel Barrass, Director of Customer Services, sent me a circular in October offering the same unlimited 30-day rolling contract for £25pcm. I called and accepted that offer.

But on 8/11/21 I was charged £29.95.
On 8/12/21 I was charged £25.
On 24/1/22 I was charged £32.21.
And I have just been informed that I will be charged £32.81 on 24/2/22!

But in December I was told that I would be charged £25pcm, with an £8 tariff discount pcm from 31/12/21 to 1/1/37 (yes that is 2037, not a typo). That is unlimited everything on 5G for £17pcm."

Then along came the expected annual price rise, so she is now paying 18.99 a month.

Stick to your guns and keep copies of everything!

joglynne 31-12-2022 11:14

Re: Virgin Mis-Sold me a Contract
 
Hi Clemand welcome to the forum.

I think MrK and Taf have both given you a good insight into what has happened to themselves and people they know.

From talking to my friends and family over the years it seems that virtually every supplier causes problems so I'm afraid I can't help but I do think you need to consider how much you would have to pay for a similar service from another supplier.

The fact that we will all be seeing an increase in price in the new year, which gives us all a legitimate get out option, does give you a chance to look at other companies and use the next few weeks to make sure you feel less pressured whilst you decide what is the best courseof action for you with VM.

Just be aware that at some point every other supplier out there will also be putting up their prices, it happens every year unfortunately.

Hopefully other members will be around later and will be able to give you their take on what you could consider doing.

ClemFandango 31-12-2022 11:52

Re: Virgin Mis-Sold me a Contract
 
Thankyou all for your replies. I wasn't aware of the New Year price rises so that's certainly an option but there's really nothing close to what I'm currently getting, even for the increased price they're quoting.

I was with Now TV with their 'Super Fibre' plan, which was 63mb Fibre and Anytime Landline calls and that was £21 a month and that was perfectly adequate for my needs.

I changed my payment details with them earlier in the year and the person I was speaking to indicated that if I gave them a ring towards the end of my contract then they'd very likely be able to renew at the same price, which I'd have probably done if this £9 offer hadn't happened.

Robertus 03-02-2023 21:51

Re: Virgin Mis-Sold me a Contract
 
This happened to me. I'm stunned to see how common it is

Jaymoss 03-02-2023 22:05

Re: Virgin Mis-Sold me a Contract
 
I think it is time to start a call to retentions with "just to let you know I am recording this call" and have a recording local of any deal

Hugh 03-02-2023 23:37

Re: Virgin Mis-Sold me a Contract
 
Quote:

Originally Posted by Jaymoss (Post 36145141)
I think it is time to start a call to retentions with "just to let you know I am recording this call" and have a recording local of any deal

You have to have the other party’s consent to the recording - if they say "I don’t want you to record this call", you can’t make the recording available to third-parties without their consent.

https://recordinglaw.com/recording-laws-uk/

RichardCoulter 03-02-2023 23:49

Re: Virgin Mis-Sold me a Contract
 
Quote:

Originally Posted by joglynne (Post 36142876)
Hi Clemand welcome to the forum.

I think MrK and Taf have both given you a good insight into what has happened to themselves and people they know.

From talking to my friends and family over the years it seems that virtually every supplier causes problems so I'm afraid I can't help but I do think you need to consider how much you would have to pay for a similar service from another supplier.

The fact that we will all be seeing an increase in price in the new year, which gives us all a legitimate get out option, does give you a chance to look at other companies and use the next few weeks to make sure you feel less pressured whilst you decide what is the best courseof action for you with VM.

Just be aware that at some point every other supplier out there will also be putting up their prices, it happens every year unfortunately.

Hopefully other members will be around later and will be able to give you their take on what you could consider doing.

This is the last time that a price rise will be able to be used to get out of a contract.

From next year they will be introducing inflation busting price rises and people won't be able to dump them.

Forewarned is forearmed.

---------- Post added at 22:49 ---------- Previous post was at 22:40 ----------

Quote:

Originally Posted by Robertus (Post 36145140)
This happened to me. I'm stunned to see how common it is

And me. As compensation, even though i've dropped down to the most basic TV offering, they've added on a number of pay channels for free until at least the end of the contract.

This, coupled with the fact that lots of HD channels have now been moved to lower packages after the switchoff of SD channels, means that I now have virtually everything that I had when I was paying for Full House.

I've lost BT Sport which I wasn't bothered about and their part time UHD channel is complete rubbish IMO.

I urge everyone not bothered about the above two channels to check out what they'd still get if they downgraded and cut costs. I'm now giving about £26 a month less to this unscrupulous company, which pleases me no end.

Jaymoss 04-02-2023 08:38

Re: Virgin Mis-Sold me a Contract
 
Quote:

Originally Posted by Hugh (Post 36145145)
You have to have the other party’s consent to the recording - if they say "I don’t want you to record this call", you can’t make the recording available to third-parties without their consent.

https://recordinglaw.com/recording-laws-uk/



The very first paragraph says

Quote:

According to the Regulation of Investigatory Powers Act 2000 (RIPA), recording conversations without consent in the UK is legal provided the recording is done for personal use; this includes telephone conversations.
Sharing them with 3rd parties is where the difficulty starts. So in theory I can record the call and say at the end I recorded the conversation is it ok to use it as evidence if the contract is incorrectly actioned. If they say no and it goes further I can then further petition for it to be allowed into evidence which any legal person involved could allow or deny

Hugh 04-02-2023 10:32

Re: Virgin Mis-Sold me a Contract
 
Further down the page…

Quote:

To obtain consent for business purposes in the United Kingdom, three criteria must be met.

You must inform that a recording is taking place.
You must inform of the purpose of the recording. Whether it’s for training, marketing, or other.
You must ask for consent to the recording.
You have inform them at the begin of the call, to obtain informed consent, not at the end of the call…

"Taking place", not "took place"…

Under GDPR, consent to call recording must actively be sought, following a clear explanation of why the call is being recorded.

Jaymoss 04-02-2023 13:13

Re: Virgin Mis-Sold me a Contract
 
GDPR does not apply in the same way to private individuals it soes apply but I can record calls for private use without saying anything. I am a consumer not a business none of that applies the same..

I would make a recording without asking then say at the end. If the agent says he does not consent then I will keep said recording. Then if anything goes wrong I would say I have evidence but can not present it at this time and say why and push for the VM recording. If it goes legal I will maintain I have evidence and request it is allowed into evidence. Chances of this ever happening is remote anyway

punkrock101 14-03-2023 00:00

Re: Virgin Mis-Sold me a Contract
 
Quote:

Originally Posted by Jaymoss (Post 36145166)
GDPR does not apply in the same way to private individuals it soes apply but I can record calls for private use without saying anything. I am a consumer not a business none of that applies the same..

I would make a recording without asking then say at the end. If the agent says he does not consent then I will keep said recording. Then if anything goes wrong I would say I have evidence but can not present it at this time and say why and push for the VM recording. If it goes legal I will maintain I have evidence and request it is allowed into evidence. Chances of this ever happening is remote anyway

I’m near 100% sure if you are recording the call you have to say at the very start of the call. It’s also up the agent if they want to continue with the call.


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