What about in this one:-

This is from the first email you sent me, in 2013:
"As contracts are monthly it is advisable to check you have read and understood our terms and conditions regularly."

In reply to a post by RobertoS:

What about in this one:-

This is from the first email you sent me, in 2013:
"As contracts are monthly it is advisable to check you have read and understood our terms and conditions regularly."

Nope, not in it.

In reply to a post by Chrysalis:

[...] 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? [...]

Yes I cancelled my direct debit and waited until they respond. However I have already offered to pay the monthly fees several times afterwards but they were all ignored.

And to reply the rest of you comment, yes I am searching for a new service from another provider to provide my land line and broadband since Vivaciti has already said they will terminate my services.

I can genuinely say I've never known a company to behave so disgustingly. This isn't acceptable behaviour and it amounts to fearmongering,

The ISP had every opportunity to resolve this and they could have easily posted directly onto this forum with a good resolution.

Let me tell you, my Virginmedia has had high utilisation for months and has been very slow. I rang and said I wanted to raise a dispute on the payment as my services were significantly worse than I was paying for. They said fine, a day later they waived all fees for 3 months, gave me £30 credit extra and said I am free to move to another ISP whenever despite being locked in a contract.

A real test of a provider is when it goes wrong, and the ISP did everything poorly in this case. The fees should have been wavered 4 days before the direct debit was due, during that initial call. I firmly believe other providers would have resolved it within a few days, if not instantly.

All of this bullying and harassment is disgusting. For sure contact ofcom linking them to this forum as well. I would not even hesitate for the 8 weeks - get the ball rolling they're in a clear breach.

In reply to a post by ukhardy07:

[...]
Let me tell you, my Virginmedia has had high utilisation for months and has been very slow. I rang and said I wanted to raise a dispute on the payment as my services were significantly worse than I was paying for. They said fine, a day later they waived all fees for 3 months, gave me £30 credit extra and said I am free to move to another ISP whenever despite being locked in a contract. [...]

Thanks for your words, I am almost at the verge of going insane from all this but it is encouraging to know I am being understood at least by some people. And it seems you have had a good experience dealing with Virginmedia (although it was a dispute) so thanks for reminding me there is a brighter world out there.

I am considering the path of going to ADR and Ofcom and such but I am worried of any unpredicted repercussion I might have, so at the moment I am just trying to understand everything and so am trying to do a bit more research and building up my courage. I must stress that this has not been a very healthy experience to me and I am currently under quite a lot of stress from all this so I only want to make sure I have the energy to deal with any unforeseen consequences if I make any move, if it makes any sense.

post deleted

Edited by caffn8me (Thu 21-Jan-16 04:03:53)

In reply to a post by vivaciti:

I would like to point out for the record that at no point have we blocked the OPs request to move their broadband.

Well, you've already told us the cutomer's contract was for 12 months and that was wrong;

In reply to a post by vivaciti:

The service at the OPs last address was 12 months (although he was out of his 12 month contract when he moved home) and the new service was also 12 months.

Why should we believe you?

Did you change the customer's contract unilaterally? You can't do that. There's no provision for that under the terms and conditions applicable when the customer entered into the contract; http://web.archive.org/web/20120611100231/http://www...

Just because you've discontinued a particular product, it doesn't mean the terms and conditions under which the customer entered the contract change.

In reply to a post by Bastien:

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 disclaimer is likely to be legally unenforceable as it a unilateral imposition of a contract which you are only told about after you have read the contents of the letter.

It should also be noted that the Vivaciti has already breached confidentiality by posting details about your contract with them, which were wrong.

It's a bit pants, really.

I'd be very wary of any company which provides neither full contact details on its website nor the information legally required under the The Companies (Trading Disclosures) Regulations 2008. The J and V Data Services Ltd website does not comply with this law, neither does the Vivaciti website.

The Vivaciti website terms and conditions are out of date as they state;

In reference to www.vivaciti.net/termsandconditions:

ADSL For You is a trading name of Vivaciti. "Vivaciti Broadband" means Vivaciti, K Prust T/A whose address is 319 Sutton Road, Southend on Sea, Essex, SS2 5PF.

but clearly that's wrong as the email from Vivaciti Accounts states "J and V Data Services Ltd" as does the footer on Vivaciti's website here, dated 2016.

Go have a look at their accounts filed at Companies House. https://beta.companieshouse.gov.uk/company/08555127/...

Interesting.

Edited by caffn8me (Thu 21-Jan-16 05:35:53)

Totally invalid! Changes to terms and conditions must be formally notified.

Post deleted by Bastien