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Standard User djravine
(newbie) Sat 03-Apr-21 15:00:09
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Virgin account transfer means new contract. Is this legal?


[link to this post]
 
Hey all,

So I just received a bit of unwelcome news when I tried to complain about my poor connection with Virgin Media. The rep told me that I have an existing 18 month contract which took me by surprise because as far as I knew, my contract had been expired for well over a year. I was enquiring as I plan on moving in 2 months and now they tell me that I need to pay 240 quid to cancel. Turns out when my housemate moved and transferred the account to me, I was entered into a new contract.

Looking at the form, it does say "The person taking over the account will be entering into a minimum term contract " however when we were on the phone with the rep doing the transfer, I remember asking about that and they said it would carry whatever contract was existing. Either he lied or my memory is wrong but regardless, on the form, it does not specify the definition of "minimum term".

The form also didn't require a signature as at the bottom it says
- 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 new minimum contract term commences, which will be enforced.

I got the new contract and it showed 18 months which I thought was ridiculous so I never signed the contract and never returned it. This means they have no contract with my signature on it.

My question is, is any of this legal? Am I still somehow in a legally binding contract considering they do not have a signed contract from me?
Administrator seb
(founder) Sat 03-Apr-21 16:29:56
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Re: Virgin account transfer means new contract. Is this lega


[re: djravine] [link to this post]
 
In reply to a post by djravine:
Hey all,

So I just received a bit of unwelcome news when I tried to complain about my poor connection with Virgin Media. The rep told me that I have an existing 18 month contract which took me by surprise because as far as I knew, my contract had been expired for well over a year. I was enquiring as I plan on moving in 2 months and now they tell me that I need to pay 240 quid to cancel. Turns out when my housemate moved and transferred the account to me, I was entered into a new contract.

Looking at the form, it does say "The person taking over the account will be entering into a minimum term contract " however when we were on the phone with the rep doing the transfer, I remember asking about that and they said it would carry whatever contract was existing. Either he lied or my memory is wrong but regardless, on the form, it does not specify the definition of "minimum term".

The form also didn't require a signature as at the bottom it says
- 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 new minimum contract term commences, which will be enforced.

I got the new contract and it showed 18 months which I thought was ridiculous so I never signed the contract and never returned it. This means they have no contract with my signature on it.

My question is, is any of this legal? Am I still somehow in a legally binding contract considering they do not have a signed contract from me?


It sounds to me like this was buried in the small print and you weren't aware of this when entering into the contract; the risk is you didn't challenge the paper contract so they may argue you agreed to it by carrying on. Whatever your house mate agreed to before is neither here not there as that was their agreement to a contract. Virgin will need to show you were aware.

I would ask them for the recording as say you weren't advised of this. If appropriate go through an ADR process.

seb

Sebastien Lahtinen
[email protected]

The author of the above post is a thinkbroadband staff member. It may not constitute an official statement on behalf of thinkbroadband.
Standard User MHC
(sensei) Sat 03-Apr-21 20:02:47
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Re: Virgin account transfer means new contract. Is this lega


[re: djravine] [link to this post]
 
If you are 100% certain of the conversation, ask them for a transcript of the conversation at the time of the transfer and an audio file of it. That will prove it one way or another.


~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

M H C


taurus excreta cerebrum vincit


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Standard User amiga_dude
(learned) Mon 05-Apr-21 15:41:30
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Re: Virgin account transfer means new contract. Is this lega


[re: MHC] [link to this post]
 
It down Virgin to be able prove what you say is not correct.

https://www.burges-salmon.com/news-and-insight/legal...
Standard User MHC
(sensei) Mon 05-Apr-21 16:03:03
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Re: Virgin account transfer means new contract. Is this lega


[re: amiga_dude] [link to this post]
 
Would be better if you replier to the OP.


~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

M H C


taurus excreta cerebrum vincit
Standard User amiga_dude
(learned) Mon 05-Apr-21 22:19:47
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Re: Virgin account transfer means new contract. Is this lega


[re: MHC] [link to this post]
 
Point taken.I am so very extra special sorry for making one the biggest faux pas that has been done every on the Internet. I going to have to go back to me hole and hide for such long time. The shame is so unbearable.Hopefully one day all can do is I hope that my children will be able to forgive me for making such big mistake. Such unbelievable shame. It worst then spelling Colour as Color. What next? Is the sky must be falling down?!

It is you say, NOOOOOOOOOOOOOOOOOOOOOO!

wink
Standard User MHC
(sensei) Mon 05-Apr-21 22:22:16
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Re: Virgin account transfer means new contract. Is this lega


[re: amiga_dude] [link to this post]
 
What a load of pointless drivel.


~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

M H C


taurus excreta cerebrum vincit
Standard User Bryer
(experienced) Tue 06-Apr-21 00:09:18
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Re: Virgin account transfer means new contract. Is this lega


[re: djravine] [link to this post]
 
Pretty sure if you are moving house and the service cannot be carried over to that premises, then VM cannot in theory charge you a cancellation fee, as it's their fault their network isn't available in the new premises.

Well that's how I got out of the contract when my wife and I moved from a VM area to copper network only area.

No arguing, no fees, just a simple, sorry to see you're going!
ISP Representative uno
(isp) Tue 06-Apr-21 00:33:33
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Re: Virgin account transfer means new contract. Is this lega


[re: Bryer] [link to this post]
 
In reply to a post by Bryer:
Pretty sure if you are moving house and the service cannot be carried over to that premises, then VM cannot in theory charge you a cancellation fee, as it's their fault their network isn't available in the new premises.


It's not really their fault that someone may decide to move out of the area.

According to their site, they may require payment of early disconnection. Sounds like you were on the better side of that "may".

Will I be charged an early disconnection fee if I leave Virgin Media?

The Virgin Media Network service area does not cover all of the UK. If you are moving to a property outside of our network we will no longer be able to provide services to you. If this is during your minimum period it will mean that you will be asking to end your services early, so you may need to pay an early disconnection fee. Please visit our early disconnection fees page for further information.


https://www.virginmedia.com/help/virgin-media-cancel...

Matt

uno Communications
t: 0333 773 7700
uno Speedtest
The above post has been made by an ISP REPRESENTATIVE (although not necessarily the ISP being discussed in the post).
Standard User RobertoS
(elder) Tue 06-Apr-21 11:42:59
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Re: Virgin account transfer means new contract. Is this lega


[re: amiga_dude] [link to this post]
 
In reply to a post by amiga_dude:
Point taken.I am so very extra special sorry for making one the biggest faux pas that has been done every on the Internet. I going to have to go back to me hole and hide for such long time. The shame is so unbearable.Hopefully one day all can do is I hope that my children will be able to forgive me for making such big mistake. Such unbelievable shame. It worst then spelling Colour as Color. What next? Is the sky must be falling down?!

It is you say, NOOOOOOOOOOOOOOOOOOOOOO!

wink
There is an option in your setup on this site to get an email notification of a reply to your posts. Many of us have it set, and some rely on it.

By not replying to the correct poster, you are a nuisance to the person you did reply to, and if the actual target does rely on getting the email from site admin to read it promptly it could be days.

Furthermore, you seem to be using Flat Mode. The linking system enables Threaded Mode, and creates sub-threads/chains. Which is another way the intended poster might not see your post, whether or not they use the notification system.

So you possibly directly screw up two other users, and others of us indirectly, by simple laziness; not clicking the Reply button on the post you are replying to.

Perhaps you might like to reflect on your childish rudeness. Technical help forums are not the place for such.

You've been posting on this site long enough to know better. Also, a reputation for rudeness can seriously decrease the amount of help you get if you need any.

My broadband basic info/help site - www.robertos.me.uk. Domains, sites and mail hosting - Tsohost & Ionos.
Connections: OnePlus 8 Pro max 165Mbps down, 24Mbps up on Three, and B311 4G, tbb tests normally 35-45Mpbs down, 65Mbps off-peak, 9-24 up.
========================
The EU’s multiple failures are due to a deeper malaise .... What malaise? The EU’s formidable immunity to the smallest amount of democracy. New Statesman Feb 2021.
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