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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69258
Experience:  Over 5 years in practice
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Hi I have a Virgin media contract for their package costing

Customer Question

I have a Virgin media contract for their package costing about £70.00 a month. I had asked for something in the order of £35.0 a month, but feel I was conned because the advice to save the installation fee of about £47.00. I was advised to take a six month offer of £33.00 a month and phone at the six months to cancel and have a lesser package. This was rejected, I said this is what I was told to do and it was reduce by £5.00 a month.
I had excepted that I was to be stuck with them until October 2014 when whatever they will lose my business.
I have recently received notification that my monthly costs are to rise by another £5.00, I have no intention of agreeing to this, I have read that I might be able to cancel because the contract has been changed.
I have a letter to post but my wife is concerned because I have said I will cancel the Direct Debit at the end of the current charges. Are you able to advise please if I have that right.
Both my wife and myself are in our 74th year and have no use for the package we are paying for.
Regards XXXXX XXXXX 64 Islandsmead Eldene Swindon SN3 3TF Tel 01793 325287
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.

Thank you for your question. My name is Jo and I will try to help with this

What would you like to know about this please?
Customer: replied 2 years ago.
Hi Jo
My letter reads. I have recently received notification of a monthly increase on my package of £5.75 a month.
I wish to cancel my contract with you before any such rise in premium is taken.
When I first approach Virgin Media for a package I stated quite clearly that I wanted a cheap and basic package giving an indication of wanting to pay no more than £30 to £35 a month maximum.
As I was tricked into my current package by the salesperson saying I could get a 6 month package paying £33 a month which was a better package but would increase to double after 6 months and this way would save me £47 installation costs.
When I said but I cannot afford £66 a month I was assured that if I telephoned in 6 months I could request a lesser package that would have suited my basic demand for services more adequately.
ON telephoning for such a request within the 6 months period surprise surprise! Oh no sir! You have a contract,it cannot be be changed. I said I was ( mis sold )(conned were the words I used) into this contract and a small adjustment £5 down was made.
So to save £47 installation costs has cost me almost an equivalent amount since every month.
The fact remains I do not get caught twice by a company that uses or supports such sly practices.
So I understand that by raising the monthly premiums I can cancel the contract that I have, and give notice that I want it to end. Before the increase takes effect, and give notice I shall cancel the Direct Debit.
Your faithfully
Expert:  Jo C. replied 2 years ago.
OK. Thanks.

What I need to know is what is your question about this?
Customer: replied 2 years ago.

Hi Jo


My question. Do I have the right to cancel what is essentially a 18 month contract because they are imposing an increase in my monthly payments.

Can I just stop my Direct Debit as they have changed the agreement.

Expert:  Jo C. replied 2 years ago.

I'm sorry if I'm missing the point but you seem to be saying that you did agree to £70?
Customer: replied 2 years ago.

Yes on reading the agreement I did sign for an initial 6 months at 38.99 and after 6months a monthly charge of 62.99.


Of course I was expecting this to be changed before the 6 months period was up.


I can not see any reference to it being an 18 month contract, but no doubt they have me done up like a kipper!.


Looking on the internet about VirginMedia there is a lot of talk that when a price rise is implemented, this breaks the agreement. This is what I am trying to clarify and can they just take extra money at will. I certainly would not agree to it.

Expert:  Jo C. replied 2 years ago.
Thanks for the information

It is certainly right to say that they cannot change a price halfway through an agreement unless there is some agreed variation - for instance you ask for more services. That is just a basic contractual point. If you agree a contract then both you and they are locked in to the terms of that contract.

However, if the agreement says that the initial 6 months are at x prices and then thereafter the price is increased to Y then that is the contract and that can be enforced. If you are saying that is in the written agreement then there will be a price increase then they can indeed enforce that.

If you want to cancel though then there will be a time when you can. The contract should refer to duration.

If you do cancel early though then that will be unlawful but they only have a claim for lost profits which will be nothing like the sum due under the contract. They won't sue anyway. What they may do is add a default to your credit rating. I don't know whether that is important to you or not? If you don't need to borrow money at the moment then possibly not.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.


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