How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

My question is about Media data roaming charges. I

Customer Question

My question is about Virgin Media data roaming charges.
I was charged £433.15 for data while in Egypt despite my phone's data roaming being switched off.
I was surprised to receive a text after reaching the £40 limit, but decided to pursue the issue when I arrived back in the UK. I ensured that Data Roaming was switched off, as per the advice given on the Virgin Media Website (evidence available for this)
I needed to send one text and make a brief call on a bus, so I did request that this £40 limit be lifted, and gave permission for this by sending a text back to Virgin. Virgin Media will not refund the bill because of this permission.
I received no further updates from Virgin, so was not aware that despite my roaming remaining switched off, my bill continued to sky-rocket.
I was logged into hotel wifi whenever I needed to access data (again, with data roaming switched off).
Virgin Media do not specify on their website that it is necessary to have BOTH data roaming AND cellular data switched off, but when I called them back in London, the operator on the phone said I was probably charged because I neglected to switch of cellular in addition to data roaming. I could not find this advice anywhere in Virgin Media's terms and conditions. So there was no possible way to know that this function needed to be disabled.
I referred the case to CISAS, unsuccessfully. Virgin Media will not refund any of the charges.
As my CISAS case has been unsuccessful, I am now considering taking the matter to the small claims court, but I'm not sure what steps to take next. I am concerned about the time and effort that this would require, and in the meantime my credit rating is suffering considerably, as I have not paid the bill. Please could you advise what steps I can take from here, and whether it has a chance of success?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk  or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Hi Alex,
Do you happen to know where I can find a template letter for this?
Thanks
Zoe
Expert:  Ash replied 2 years ago.
You can look online Zoe for 'pre action county court letter'

That should do it.

Alex