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Virgin media penalty charge

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  • Virgin media penalty charge

    My broadband router developed a fault (constant red light), so, after being told online that I needed to book an engineer appointment, I booked one online using virgin media's website.. During this process I had to agree to their terms and conditions which state, "Someone over 18 must be in, or you'll be charged £25".
    Am I right in assuming that my acceptance of their terms and conditions forms a sort of contract between us, a two-way street, so to speak? The engineer never showed up. So, as per their terms and conditions, am I entitled to charge virgin media £25 for their no-show? On phoning their call center to find out what happened, I was told that the engineer couldn't make it so, I was given another appointment for the following day by the call center. After waiting all day, again, the engineer never showed up.
    On phoning the call center I was fobbed off with a good-will gesture of £10 which, to be honest, I found quite insulting. If their terms and conditions enable them to charge you £25 per missed appointment, surely, by the same token, you should be able to charge them the same amount if they fail to show up? What does the forum think? Would I have any legal precedent for taking them to court?
    Tags: None

  • #2
    There's no legal rule that says a contract has to be balanced between the two parties in the way you suggest. So if the contract/t&c say nothing about you receiving £25 if the engineer doesn't turn up then no, you are not entitled under the contract to charge Virgin £25.

    Others may have advice on whether you have any non-contractual right to make such a charge.
    All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

    Comment


    • #3
      Set out the facts, what they said they would do, why it's inconvenienced you and what you want them to do about it.

      Follow their complaint procedure, it will be on their website, they will send you a final response / Deadlock letter, if you still aren't happy, lodge a complaint with the Services Ombudsman.

      Although companies have Terms and Conditions, those Terms and Conditions might be 'unfair' and open to be challenged.

      Comment

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