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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70200
Experience:  Over 5 years in practice
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On 18 October 2012 I signed a contract for telephone and broadband

Customer Question

On 18 October 2012 I signed a contract for telephone and broadband services from Virgin Media. On 17 December 2013 I chaned to a different supplier and cancelled the direct debit I
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.

Jo C. :

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

Jo C. :

How can I help with this please?

Customer:

As I said I cancelled the direct debit I had with Virgin and they kept on sending me bills totalling £122.82 I have spoken to them on the phone and said I haven't been using their services since 17 December 2013 and I didn't see why I should pay for something I haven't had. They are now saying that I am in breach of the contract but the contract was for a year and had expired by 17 December 2013. They are threatening me with debt collector., I am on a pension and don't see why I should pay them anything.

Jo C. :

Yes, I understand.

Jo C. :

What is your question about this please?

Customer:

Do I have tyo pay them by law ?

Customer:

Can you please advise me if I am obliged to pay them ?

Jo C. :

I presume you were locked into a contract with them for 12 months?\

Customer:

Yes I know but the twelve months had expired by the time I cancelled the direct debit

Jo C. :

If so, you would be a rolling contract probably requiring 30 days notice?

Customer:

No one told me about this. Do I still have to pay ?

Jo C. :

How did you cancel?

Customer:

I cancelled the direct debit and when they rang me I told them I had changed to a different supplier which I thought made it obvious that I susn't require their services any longer.

Jo C. :

So verbally over the phone?

Customer:

Yes

Jo C. :

Did you speak to the cancellation department?

Customer:

No because I didn't know one existed or that you had to cancel it formally

Jo C. :

Ok. Thats a problem.

Jo C. :

Do they accept that you notified at all?

Customer:

I don't know but the fact that I kept on telling them that I wasn't using their services would make it obvious

Jo C. :

It doesn't work like that I'm afraid.

Jo C. :

How much are they claiming?

Customer:

£122.82

Jo C. :

Does that relate to three months?

Customer:

No it must be two months

Jo C. :

Thanks.

Jo C. :

I think then that their position must be either that you didn't give notice of that it wasn't properly done.

Jo C. :

If its that it wasn't properly done then you need to look at the contract which is probably on the internet.

Jo C. :

It may well specify how notice is to be given. If that is the issue and you haven't complied with it then you could challenge that on the basis that its an unfair term under UCTA.

Jo C. :

Although its a little academic really.

Customer:

So I only saw the contract briefly when I signed it in October 2012

Jo C. :

If its that you didn't give notice then that is a question of fact

Jo C. :

You will almost certainly still be liable for 30 days though as I know that Virgin demand 30 days notice.

Jo C. :

Its all academic though because the risk is not that they will sue.

Jo C. :

Its not worth the manpower of doing that.

Jo C. :

The risk is that they will add a default to your credit account which may or may not be important to you.

Jo C. :

It only really matters if you are likely to borrow money in the next 6 years.

Jo C. :

Howwever briefly you say the contract matters not. It is for you to read the contract I'm afraid.

Customer:

If I am liable for 30 days it is no where near £122.82 but they keep putting up their prices and adding things in.

Jo C. :

No, they will not sue for that sum anyway.

Jo C. :

The only way that sum makes any sense at all is if they are saying that you didn't give notice at all.

Customer:

So I don't have to Pay ?

Jo C. :

Well, it depends if you want to avoid the default on your account.

Jo C. :

To be honest, you are liable for something.

Jo C. :

Probably not the sum they claim but something.

Customer:

I don't care about the credit rating because I never borrow money

Jo C. :

If that is your position then it is unlikely that they would sue.

Jo C. and other Law Specialists are ready to help you
Expert:  Jo C. replied 3 years ago.
Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/