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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 31701
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I signed up a broadband contract with Media in January 2020

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Hi, I signed up a broadband contract with Virgin Media in January 2020 for 12 months. After the contract expired I carried on for personal reasons on monthly basis although they more than double the charges. In September 2021 I signed up the contract with BT. At this point I tried to inform Virgin Media that I will be leaving them from the end of September through live chat because I could not find any other way to contact them. On the chat the person on the other side was taking so long that I had to start again every time by giving my details again. After three, four attempts I gave up. I stopped using Virgin broadband from the end of September and moved to BT. I kept on receiving emails with my bill. From October I cancelled my direct debit with them because I was not getting their service. In November 2021 I received a threatening email that if I don't pay my bills then they will give my case to credit collection company. They provided a phone number in that email so I called them and spoke to a lady and she agreed that if I pay £55 as final payment then they will disconnect the service and I won't have to pay anything else. So made a card payment. After the payment went through she told me to stay online and she would put me through to cancellation department. I waited for few minutes after that they disconnected the call. I left it to that thinking they have received the payment so they will disconnect the service and matter will be settled. But in February 2022 I received a threatening email again that I still have to pay £54.80 outstanding balance. If I don't pay then they will refer me to credit collection company. I phoned them again and again spoke to a lady and explained her about my previous conversation with her colleague. First she said that she can't find the payment on my record but when I told her the date when I paid then she said yes I can see it. Then she told me to stay online and she would put me through to cancellation department. This time I got through to cancellation department and spoke to another lady who asked me my account number and told me that she cannot find mine account. She even said that there is no record of this account. I did not know what to do after that so I did nothing. In March 2022 I was contacted by email and by post by a debit collection company by the name of BPO. I was not in Britain at the time. I replied this Company and explained everything in detail in an email and asked them ask Virgin Media to provide them with the phone conversation records of the two times I spoke to their representative. The BPO COLLECTIONS LTD wrote to me that Virgin Media is saying that they cannot find the record my phone calls or my payment to them. And in April 2022 the BPO called me asked me to pay the balance, I told them that I am not going to pay anything more just because they are denying my previous payment. She told me that they are going to close the case and I should phone Virgin Media and sort this out with them. Now on 10th May I have received an email from ORIEL COLLECTIONS LTD they are authorised by Virgin Media to collect £49.90 outstanding balance.
JA: PayPal, Debitcard or credit card are all fine. Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: I have not spoken to anyone. I live in Birmingham UK.
JA: What steps have you taken so far?
Customer: I have not anything yet but I want to complain to ofcom but I don't know how to do it.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No I have told you everything as it is.

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

I'm very sorry to read of the above. May I confirm if you have made a subject access request under the data protection act to virgin media for a transcript or recording of the conversation with the customer services adviser in respect of the agreement you reached regarding the £55 payment please?

Customer: replied 13 days ago.
I have not made any such request because I didn't know what I can do.
Customer: replied 13 days ago.
I'm sorry I can't pay for the call so can we carry on online

thank you. The standard terms and conditions provide that you must give the company one months notice to endure agreement which can be done either through their customer services Department or in writing. I note from what you say that you attempted to do so without success due to failings at their end.

From what you describe, your potential weaknesses that you lack evidence that you gave such notice and as such, you may wish to consider in the first instance making a subject access request to the company for a transcript or recordings or both of the interactions you report upon above as well as any other information you may incidentally require.

Under the data protection act, they are required to provide the information you request within 30 days or be liable to a fine which can continue to increase until such time as they comply.

you can find an example of how to prepare a subject access request which you can adapt for your own purposes at the following link:

https://ico.org.uk/your-data-matters/your-right-to-get-copies-of-your-data/preparing-and-submitting-your-subject-access-request/

https://www.virginmedia.com/help/dsar-faq

If they do not respond to your request, you can make a complaint to the information Commissioner which has the power to impose fines as above.

having obtained the above information which hopefully will bear out your version of events, you will have evidence that you gave the company notice of your wish to cancel. Whether or not the company acted upon your notice is immaterial providing you can prove that you gave them the above notice.

Having established this, you can consider raising a complaint with the company and on the earlier of their full response or eight weeks, whichever is the sooner, if you remain unsatisfied, you can escalate your complaint to the telecoms ombudsman for an independent determination:

https://www.virginmedia.com/help/virgin-media-complaint

https://www.ombudsman-services.org/sectors/communications

Customer: replied 13 days ago.
Ok thank you for your advice. I shall do that and see what happens.

I'm glad the above answers all your questions for now. If you have any follow up questions please revert to me.

Customer: replied 13 days ago.
Ok thank you very much and bye for now.

I'm very glad the above was of some assistance

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