In reply to a post by partial:

[...] The customer needs to realise that they will now need to sign up with another provider. [...]

Yes unfortunately it has come to this, I guess I now have no other option.

From those E-mails it would be reasonable for any customer to assume that there would be no change in price or contract terms as far as minimum period goes , Had this been the case they should of notified you of such changes they have a duty to customers to do this,
to give you notice usually of at least 1 month in advance of any contractual or price changes, so that you don't accept these new terms you can migrate, but if you do nothing then they can deem that you accept the changes in price and or contractual terms ie contract length
From those e-mails it would appear that they failed to give you notice, and if this is the case the ADR ect will find in your favour that this 12mth min term doesn't stand

IMO Vivaciti have been somwhat unreasonable with this based on what we know, if they where wanting a 12mths commitment they should of waived or swallowed part of the activation fee, as they did also have the line rental &calls

Hi all, I just got this email yesterday. I have not replied to them yet as I have sat on this for a long time, but I would really like any advice on this.

We have seem you have been copying details of these email communications in a public forum, you are asked to remove these as this is in breach of the terms of our communications as is attached to the bottom of each and every email. Failure will cause us to take immediate action through a court.
______________

Kind regards

Vivaciti Accounts

J and V Data Services Ltd

[Address here edited away just in case]



We can provide phone lines and voice related services inc VoIP

Residential phone lines £11.40 per month inc VAT

Business phone lines from £12.50 per month + VAT



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Before printing, please think about the Environment.
This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you are not the intended recipient and you have received this email in error then please advise the sender immediately by return e-mail, delete this e-mail and destroy any copies. Any use, dissemination, forwarding, printing or copying of this email is strictly prohibited. Any views or other information in this message that do not relate to our business are not authorised by us, nor does this message form part of any contract unless so stated. Employees are forbidden to make defamatory statements or infringe any legal rights through email communications. The company will not accept any liability in respect of such communication and the employee responsible will be personally liable for any damages or other liability arising. The company has taken all reasonable precautions to ensure that no viruses are present in this email, we cannot accept liability for any loss or damage arising from the use of this email or its attachments. You should carry out your own virus checks before opening the attachment.

They only added this long disclaimer 2 days ago. It didn't exist 2 days ago and all the emails before just ended where the disclaimer now begins.

The bullying never ends. My fear is they will just keep on coming up with new and unexpected ways of bullying me every single day, and I fear for my life if this goes on.

On top of this, I also just found out I was searched on a popular social website using my name by one of their employees. Although it is just data on public site, this is unwanted attention and I feel some personal boundaries are being violated.

I would ask for any advice to how I proceed, or should I seek any professional legal advice if that is necessary. If I need to delete any previous comment posted here please let me know.

No need to delete the existing not emails you've added as the disclaimer wasn't present and the one they've added cannot be applied retrospectively.

Heaven forbid you print an email for your own records anymore!

Vivaciti are doing very little for their public image here.

Well Vivaciti are certainly in my avoid books... how can they think this is acceptable.... AFAIC your Inbox... So you can do what the hell you like with it.

In reply to a post by Bastien:

In reply to a post by mlmclaren:

I'm going through a similar issue currently [...]

Thanks for sharing. Might I ask which company is it? Just so that I can avoid it.

The provider mentioned is Zen Internet

This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed.

nor does this message form part of any contract unless so stated

Doesn't look like you have a contract with them as to regards receiving emails from them. Although this latest tactic is something that will probably be of interest when you go to their ADR, You need to source a new provider, then go to ADR. The Ombudsman Services may be best placed to give you advice.

Strange.

I received several emails from vivaciti in 2013 and 2104 all having exactly that disclaimer.

Their "reply" layout appears to be Reply first, message from me/you that it is a reply to second, disclaimer at the end. Perhaps you haven't read that far and are only seeing it now because it was a "first email", not a reply.

Edited by RobertoS (Wed 20-Jan-16 22:17:28)

In reply to a post by RobertoS:

Strange.

I received several emails from vivaciti in 2013 and 2104 all having exactly that disclaimer.

Their "reply" layout appears to be Reply first, message from me/you that it is a reply to second, disclaimer at the end. Perhaps you haven't read that far and are only seeing it now because it was a "first email", not a reply.

They only included it since two days ago into their emails to me. They even changed the font at some point.

Wow what a mess. I am mostly going to side with you here.

The issues I see are.

Misleading on charges whilst you was moving, this I suspect would have been done with fear of losing you when quoting such charges and then hoping afterwards you would accept it after the charges were raised and the house moved carried out.

Was you right to cancel the DD? If I was in your situation facing a bank charge for bounced direct debit and had contacted the isp to tell them that then yes I probably also would have cancelled the DD, I would have informed them as well tho and told them why, I would have offered to manually settle monthly bill due whilst leaving the rest in dispute, I believe you didnt do this following cancelling the DD and waited for them to inform you they noticed it was cancelled?

In regards to them blocking the migration out they are wrong here plain and simple, blocking migration is not the right way to chase payment.

If i was vivaciti given the bad PR already here and faced with that £350 fee for ADR, I would cut my losses short, they should assume this point you are a lost customer and just let you go, their priorty at this stage should be to come to terms with you on an agreement of the outstanding money owed and let the migration go through.

I think but am not sure in the case of such a blatant breach of ofcom rules you could contact ofcom directly and bypass this clear delaying tactic from telling you to wait 8+ weeks for resolution.

Failing that you had some good advice earlier in the thread, order a new line, a new BB service on that line and tell vivaciti you will chase them for the cost of that order as you were forced to do it following them blocking the migration.

As is pointed out as well by someone earlier the amount they chasing is a pittance, the stance I find baffling. If they absolutely will not budge, then order the new service and let it go to the ADR, court etc. if they really wont let that fee go. I think you can argue the moment they blocked the migration there was a breach of contract on their part, although they could argue a blocking of the DD was a breach on your part, I think the wrong way to go about this is trying to get them to turn your service back on, wont happen unless you back down on the payment.

Edited by Chrysalis (Wed 20-Jan-16 23:39:22)