Virgin Media breach of contract???

[Redletter]

Hi can anyone advise on this please?

My brother moved in with me and agreed to take over the phone & broadband Virgin Media package I have with them as I was going to cancel but he wanted to keep it.
All well and good and we informed them of this way back in January.
They sent us a form out to fill in (a piece of A3 paper folded into 4 pages-this is significant) to transfer the services to my brother and we filled it in and sent it back as requested.
My brother requested bills by e-mail and I cancelled my direct debit.
After a month I received another bill in my name despite my brother taking over the balance on the account.
I contacted them and asked them why they were billing me and they apologised and said they would carry out the name change within two weeks and all future bills would go to my brother.
They contacted my brother and without my knowledge he added TV to the package which he was told was free-which didnt matter to me as he had supposedly had the account transferred to him.
Anyway a month passed and I received yet another bill in MY NAME!
I rang up, spoke to someone in a call centre in India who assured me the change was being implemented.My brother gave me the money and I paid it on my debit card and was apologised to yet again!

2 months down the line I have received a letter stating that they have suspended the services due to non payment of the last 2 bills in MY NAME!

Apparently when the forms went back "the last page was missing"

HOW? It was ONE PIECE of paper with all 4 pages on it!!!!!

They tell me the transfer has NOT taken place yet they allowed my brother who was not authorised by me to add a TV package and sign for it installing!
They say they are not in breach of my contract as my brother "must have had my password and was therefore authorised"
They claim ANYONE WHO HAS THE PASSWORD IS AUTHORISED!!!!

I claim that the password is there for them to verify MY identity NOT to authorise ANYONE who happens to guess it-who has clearly stated he was not me, to service the account!!!

Where do I stand on this??

If the account IS transferred then Im not liable for the balance.

If the account IS NOT transferred they have allowed someone else to make changes to my account without my permission and to install equipment in my flat without my permission!!!!!

Please advise

[Guest]

Re: Virgin Media breach of contract???

Stop telephoning them.

Email Neil Berkett at Neil.Berkett (at) virginmedia.co.uk and tell him how disappointed you are with the level of customer service his company has demonstrated and that you would appreciate his involvement in fixing this. You will of course need to explain the background and what you want to happen.

Arguing with call centre operators regarding alleged breach of contract is not going to get you anywhere.

[Redletter]

Re: Virgin Media breach of contract???

Stop telephoning them.

Email Neil Berkett at Neil.Berkett (at) virginmedia.co.uk and tell him how disappointed you are with the level of customer service his company has demonstrated and that you would appreciate his involvement in fixing this. You will of course need to explain the background and what you want to happen.

Arguing with call centre operators regarding alleged breach of contract is not going to get you anywhere.

Thanks Cetelco,
I sent the following and received the reply:

"I'm so sorry; I will ask my office to help"
Dear Mr. Berkett,
I am writing to you as a last resort with total disappointment at the extremely poor level of customer service I have received so far, which has caused me considerable undue and unnecessary stress. It would appear that no-one at your call centres are capable of carrying out what should have been a very simple task, nor are they capable of giving me correct information. I would ask that you personally will, at this point intervene and bring this matter to a satisfactory conclusion without further delay.
Your call centre staff have acknowledged that as far back as January 2009, I enquired about having my account transferred to my brother, XXXXXXXXX. Initially it was my intention to close the account down but I was advised it was quite simple to actually transfer the account to my brother, so that is what I chose to do. I was sent a "NEW TOR 01" form for myself and my brother to complete. Admittedly there was a delay in returning the forms but your call centre has acknowledged receipt of the form around the beginning of March 2009. I was not aware of any problems until I received a further bill in my name and not as I expected in my brother's name. I telephoned again on April 2nd 2009 and spoke to someone in the call centre in India who accepted a debit card payment but apologised and confirmed receipt of the forms and said that they would action the transfer and it would take 2 weeks. I repeatedly asked them to confirm that I did not need to go through the process of filling out further forms and was assured that I did not and that said transfer would indeed take place 2 weeks from April 2nd 2009. They also confirmed that any future bills would go to my brother via e-mail to my brother's e-mail which they had read back to me correctly.
Some time in-between the above dates, I am aware that my brother (not me) was allowed to authorise the installation of television services at my address and therefore I assumed that the account transfer must have taken place.
However, much to my dismay I am repeatedly receiving bills in my name and am now being told that "although you received the form a page (2) was missing." This is impossible! The form we received and the many identical forms I have been repeatedly sent is made up of 1 piece of paper. Upon acknowledging receiving page 1 with my signature upon it (which has been confirmed to me) then you MUST have page 2 also as it is on the reverse of page 1! Pages 3 & 4 are also printed upon the same piece of paper. There are no loose pages on any of these forms so it would not be possible to omit one of them! Therefore I do not accept that you could have only received a part of the form and if anything I would say that this must have been lost between departments if copied at your end and this is not my fault. Also I would say that having received notice of my intention to disconnect as far back as January I should not have to, as I am being told, give you another 30 days notice in order to close this account down. So far this simple task has taken 5 months! I would ask that you oversee the complete closure of this account immediately as I do not accept liability for the services my brother wished to continue with, and had the transfer been carried out correctly when I requested then my brother would have been paying the bills which he should have, but never received by e-mail.
I have made every effort to sort this mess out and have been repeatedly misinformed by your call centre staff that the transfer would take place without the need to complete further forms. If it is necessary to do so I will not hesitate in making a Subject Access Request under the Data Protection Act to your data controller in order to obtain transcripts of ALL telephone conversations with your call centres in order to provide evidence in a court of law should the need arise for me to defend any action you threaten with regard to enforcement of the amount outstanding to which I do not accept liability. This will also enable me to ascertain who gave authorisation to my brother to have television services installed at my address without my express permission, as according to your staff the account is still in my name not his.
Thank you for your attention in this matter,
Regards
Redletter.

------------------------------- merged -------------------------------
I just received this:

Hi Steven

I have tried to contact you on 079XX XXXXXX, however this number is unavailable, please can you contact me and I will resolve this matter for you

Thank you

------------------------------- merged -------------------------------
....and replied with this:

Dear Sir,
Thank you for your response. I have absolutely no idea where you got that number from as it is not mine.
As you may appreciate I am becoming increasingly frustrated with being told conflicting or contradictory information by telephone and as such I would appreciate, for this reason and for the purpose of keeping accurate records, that you only correspond in writing either by e-mail or to my home address:
(ADDRESS).
Regards,
Redletter

[Amy]

Re: Virgin Media breach of contract???

Telephoning the Chief Executive's office is slightly different from telephoning a nonentity at some call centre God knows where.

Speak with them and it will be sorted out.

Have a read of these threads if you haven't already done so
Virgin Media - Legal Beagles

and

Virgin Media 2 - The Incompetence Continues (in fact, it never really ceased) - Legal Beagles

[Redletter]

Re: Virgin Media breach of contract???

Thanks Amy I just got this today:

Thank you for your response

I'm sorry for the trouble we are causing you. Please can you let me know if you wish to proceed with the transfer of responsibility by completing the attached form and returning by email to me. On receipt I can have this done without further delay, I would also request a signed copy is sent to me at the following address.

Chief Executive's Office
PO Box 238
Manchester
M22 0WJ

If you'd rather I cancel the account, I can do this for you, please just respond and I'll take care of it.

Thank you

• Terry Wainwright-Farrar | Chief Executive Office - Customer Complaints
  Virgin Media, PO Box 238, Wythenshawe, Manchester, M22 0WJ
  T 0800 952 2283 | F 0161 296 2725 | E terry.wainwright-farrar@virginmedia.co.uk

The attached form is slightly different it says at the top "Sheffield" and makes reference to "Telewest" not Virginmedia.See below:
Transfer of Responsibility


(Sheffield)

This form is to be used for Transfer of Name only, services will be transferred on like for like basis and the New Account Holder responsible for any amendments. If you wish to Move and Transfer you must complete the Query form available on Oneline. Please note if you wish to move and transfer your services, the existing account will be disconnected, anyone wishing service at this address must follow the usual customer channels.

Transfer of Responsibility

Address: Account No._______________________________
__________________________________________

__________________________________________ P4P Ref. No._______________________________

__________________________________________ Tel. No.___________________________________

__________________________________________ BT Port ___________________________ Yes/No


Current Account Holder: ______________________ New Account Holder:________________________

Is the new account holder a staff member ?________Yes/No

I would like to commence service from Telewest with effect from

__________________________________________

I understand that if there is any balance outstanding at this date, or any pending charges for this account, I will be held responsible for payment of the full amount.

I agree to abide by the terms and conditions of the Products for People policy/Service Agreement whilst receiving services from Telewest and I understand that failure to do so will result in the disconnection of my service.

This form must be returned within 14 days of the date of this letter, or the request will be cancelled and a new form must be re-submitted.



Current Account Holder:

Signature:__________________________________ Date:__________________ Password:__________________



New Account Holder

Signature:_________________________________ Date:__________________New Password:_______________


Notes:











New Account Holder’s Details for Assessment of Status
This information is necessary for credit status check purposes. Details must be provided for all addresses as recorded on the Electoral Register, held over the last 3 years.
Please complete all sections, as it will assist in obtaining an accurate assessment.
New Account Holders Title: Mr / Mrs / Miss / Ms / Other .................................................. ...
New Account Holders FULL Name: .................................................. .................................................. ............
Date of Birth: .................................................. .................................................. ............
Length of Time At Current Address: .................................................. .................................................. ............
Do You Own or Rent Your Property: Own Rent



New Account Holder’s Address History (if less than 3 years at current property)


Previous Address 1
House Number/Street Name .................................................. .................................................. ............
Town .................................................. .................................................. ............
County .................................................. .................................................. ............
Post Code .................................................. .................................................. ............
Previous Address 2
House Number/Street Name .................................................. .................................................. ............
Town .................................................. .................................................. ............
County .................................................. .................................................. ............
Post Code .................................................. .................................................. ............

Previous Address 3
House Number/Street Name .................................................. .................................................. ............
Town .................................................. .................................................. ............
County .................................................. .................................................. ............
Post Code .................................................. .................................................. ............














TELEWEST BROADBAND
TRANSFER OF RESPONSIBILITY GUIDELINES
(To be retained by new account holder)
§ The return of this letter is not a guarantee that Telewest Communications will provide services. A credit status check will be carried out upon its return whereby service may be refused or service restrictions may apply. Should restrictions apply the services currently supplied will be reduced immediately. You will be notified of this in writing should it affect you.
§ Service to the new account holder will be provided, at the same level as the previous account holder, (except where the credit check determines a reduced service). Should the new account holder require a different level of service a letter must be returned with this form detailing the services required. This also applies to the level of directory listing (Directory Entry / X-Directory) and telephone calling features.
§ We can accept only one person as the named account holder.
§ A new contract will be posted to the new account holder, this must be signed and returned within 15 days.
§ By accepting the new contract a 12 months service agreement commences which will be enforced.
§ A new account number will be given to the new account holder.
§ Any direct debit facilities previously in place will not be used on the new account.
§ Should there be Internet services on the account, these will be disconnected and new login details posted under separate cover.
§ Should the final balance on the previous account fail to be cleared within 30 days of the final statement being produced then the balance will be transferred to the new account and services provided under the agreement may be affected.
§ The first statement of account that the new account holder will receive will show two months of service charges. This covers the current month and the month in advance as all Telewest service charges are billed monthly in advance.



Is it legitimate?

[Amy]

Re: Virgin Media breach of contract???

I really do think you should speak with the Executive Office on the telephone. This certainly worked for me, my problem was sorted out instantly.

[Redletter]

Re: Virgin Media breach of contract???

I just got this it is sorted!

Thanks to everyone who helped with this

Hello Steven

As requested, I have cancelled the account and as a gesture of goodwill cleared the balance to zero. I have arranged for a equipment returns package to be be sent by post, please would you return the set top box.

If I could be of any further help in this matter, please let me know.

------------------------------- merged -------------------------------

Stop telephoning them.

Email Neil Berkett at Neil.Berkett (at) virginmedia.co.uk and tell him how disappointed you are with the level of customer service his company has demonstrated and that you would appreciate his involvement in fixing this. You will of course need to explain the background and what you want to happen.

Arguing with call centre operators regarding alleged breach of contract is not going to get you anywhere.

Thank you soooo much Cetelco!!!! Just got this today;

Hello Steven

As requested, I have cancelled the account and as a gesture of goodwill cleared the balance to zero. I have arranged for a equipment returns package to be be sent by post, please would you return the set top box.

If I could be of any further help in this matter, please let me know.

-----------------------------------
Thanks again! :tinysmile_grin_t:

[ali123]

Re: Virgin Media breach of contract???

Sometimes the complaint form on the virgin website doesn't work so best to use the email and postal address on

http://virginmediacomplaints.co.uk

Also, there is solicitor service there that can help you and give advice