Here's
the post I did on the official Playstation forums (on how to avoid paying the exit fee). Of course, no promise at all that it will work for you.
I should also point out, when I wrote this there was some shockingly implemented Traffic Management changes in place (not that they communicated this at all) which effectively broke streaming/VoIP/video/gaming (as well as the age-old high latency issue). I think they may have reversed the recent traffic management changes now.
Here's the post I made at the PS forums:
Here is all the ammo you need to exercise your "get out clause" at Virgin Media.
Firstly, you are going to have to get them to admit to changing traffic management. I suggest you use their '
Remote Assistance' feature. This puts you in touch with a 2nd line support person. Not an untrained monkey on first-line support.
Don't fixate on gaming. Say things like - since (approx) Friday 23rd November, I've had terrible troubles getting any VoIP/video/streaming/gaming to work.
Mention that you've heard it's related to changes with their traffic management - can they confirm this? If they do, you have them.
If they make reference to
"gaming is not supported", then point out
their own Terms & Conditions. State how support (or not) of gaming is not mentioned.
Quote 'Definition 4':
"Broadband Service" means Virgin Media's service whereby you may gain direct high speed access to the Internet via your BT phone line using ADSL (Asymmetric Digital Subscriber Line) technology, at the best available Transmission Speed that we are reasonably able to make available to you from time to time according to the Service you have selected."
If they make reference to only supporting web/email, again, point out that this is news to you. There is no mention of that in
their own T&C's. State that if this is a new stance, then it constitutes a significant change to the T&C's, and as such gives you an ability to exit (charge free) under H3(b).
Point out that provision of email is covered under D7 of their T&C's:
"provide you with a webmail service"
But, this is in addition to the 'Broadband Service' - which is defined in A4.
And anyway, it also states:
"provide high standards of Customer Support seven days a week, 365 days a year"
and
"provide sufficient access servers to ensure a high standard of connectivity to the Service"
Both of which are clearly in breach.
Now to go for the jugular...
Quote H3(b):
Cancellations and Refunds
"If... we make significant changes to the Services so the Services you are entitled to receive in return for the charges you pay are significantly altered or reduced
...
you may cancel those Services affected without penalty by giving us at least 30 days’ notice in writing."
So, going back to the admission of change of traffic management.... mention how that's a pretty significant change. And, by their own definition (in their T&C's) that means they are in breach of contract.
If they try to counter by saying that these changes were a mistake, and will be rectified soon, take none of it. Their own T&C's simply state
"if they make significant changes" - there is no differentiation between good changes, and c*ck-ups. Only 'significant changes'. Which, by their own admission, they have made. I'd say blocking a provision (gaming/VoIP/streaming) constitutes 'significant'.
NB
Do not be rude.
Do not be aggressive. Take dates/times. Note who you are conversing with. Request 'Receive Chat Transcript' when you are done - and a copy of the support call will be email to you - giving you something to fall back on.
When you can, write to the cancellations dept. State all of the above. Attach a copy of the transcript.
List out in simple terms what you are after - waiving of the £50 'exit fee'. Try going for more, if you can - compensation for loss agreed service.
Be prepared to take them to the Small Claims Court - in which case you can claim for more - loss of earnings (if you missed a days work to attend court), loss of agreed internet provision.