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virgin media detrimental use of broadband (False advertising)


Autoschediastic

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Hi sorry to clutter the Forum with my threads BUT i think i have a good point here, I have been with Virgin Media for six months, i own a Quadcore Extreme pc (this is relevant to this story and how you get your broadband speeds) i have the 50MB package and the unlimited phone service basically the best package they offer, I have had some issue with their phone charges relating to my landline and the 0845 numbers but thats another story, i download around 150 gig a month watching HD films on Iplayer and so so..

Ive just had the postman give me a letter from Virgin Media titled "Detrimental use of broadband" now this basically states that if i dont slow down my usage they will cut me off???

I was on the phone with them last week due to their charges which was wrong and i asked What exactly is "Unlimited Usage" is there a "Fair usage policy" clause thrown in here?

The guy on the phone stated "NO the unlimited usage means EXACTLY what it states and that you can feel free to download as bigger files as you require"...

So WHY have i received this letter? is this False Advertising? ive also done some research online and found this thread in Virgins own Forum speaks volumes really!

READ HERE

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chub_tor

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You may stand your ground but you will find that your foundations are not safe. Virgin clearly advised you before you signed the contract that "We sometimes moderate the speeds for the top 5% of customers who are downloading and/or uploading an unusually large amount." They also state "3.2.1. Virgin Media does not place a limit on monthly network usage. However, in isolated cases (currently less than 0.1% of customers) where excessive network usage at busy times (9am to 9pm) is having a detrimental effect on other users, we may need to take appropriate action in accordance with the terms of this AUP to notify users of the impact they are having and require them to move some of their activity into the less busy period."

If you go into battle with them, you will lose, they have the mooney to take you to court for breaking your contract if that is what you are thinking of doing and by provoking them you will probably get a red flag on your account and you will find that you are monitored even more closely. My advice would be to appease them by going along with their suggestions to change the timing of your downloads so that other users are not affected until such time that your contract with Virgin runs out. In the meantime you have time to search for another ISP with different download restrictions that may be more suited to your needs.

As for the Asda analogy, I would agree with you if there was no small print advising me of their restrictions, but sadly in Virgin's case that is not the case.

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Strawballs

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You won't get 50meg with anybody else

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lotvic

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Seems quite clear and reasonable to me

"3.2.1. Virgin Media does not place a limit on monthly network usage. However, in isolated cases (currently less than 0.1% of customers) where excessive network usage at busy times (9am to 9pm) is having a detrimental effect on other users, we may need to take appropriate action in accordance with the terms of this AUP to notify users of the impact they are having and require them to move some of their activity into the less busy period. "

It's like traffic, in rush hour everyone can't drive at the full speed limit.

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WhiteTruckMan

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Autoschediastic has a valid point. The oxford dictionary defines unlimited as "not limited or restricted in terms of number, quantity, or extent". If you use the word unlimited, then in my opinion it is then unreasonable to impose limitations. Especially if you use one term bold as brass in the title then contradict it in the small print. Thats just plain weasle practice.

WTM

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buteman

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I have the 24/7 phone deal with them and kept getting billed on top for other calls.Not a lot about £1 or just over so not a big deal.

But decided to phone them and was told it was for calls made but not connected.

never ever got to the bottom of it.

Got a Mobile sim from them last month for £5 a month and got my first full bill in for £5.10p.

Once again not a lot but if you work out that they are taking extra from all of their customers it makes you wonder how much they are making out of it.

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D@ve

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Virgin's Traffic Management policy, viewable here, does not apply to the 50Mbps package, which means that they must be using their Acceptable Use Policy, which states:

*When is it used? We'll only use our Acceptable Use Policy in severe cases of misuse, where a customer's connection is being used for purposes that are illegal, unlawful or inconveniencing other Internet users.*

Would this have any bearing on your circumstances?

In any case, I think you will have difficulty finding a supplier that can come close to matching the speeds that you are getting and be happy to allow 150GB / month usage. I have the 20Mbps package with Virgin and to avoid being throttled by the Traffic Management I wait until late at night if I have to download large files. A little inconvenient at times but it's just one of those things that you have to accept - unfortunately the internet infrastructure isn't perfect!

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Autoschediastic

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D@ve hi!

YEs i do agree they are a decent company! and ive just had an email from one of the Chief Executives who assured me he will be looking into this! Having a way to sniff out people on the net i found an internal email from someone that works for VM and simply Emailed them! i was shocked at the speed in which they replied but i was well respected and they are concerned why i would get such a letter..Il let you know the outcome...

WTM cheers! someone understands me! i am not moaning about anything other then the point that they advertise the service for their 50MB package as "Unlimited" & Unlimited SHOULD mean Unlimited!! How does a company contradict itself so clearly on their website?

If as most of you would know Pizzahut advertise "All you can eat lunch buffet" but then stated when you entered the building thats on the first plate i am sure nearly everyone would complain..Its bad Business manors & As WTM stated "Thats just plain weasle practice"

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chub_tor

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That Traffic Management Policy posted by D@ve along with its associated table showing that there are no restrictions on the 50Mb cable connection was a complete eye opener for me and I withdraw all I said about you not having a leg to stand on regarding download limits. Autoschediastic you have every right to be agrieved and I wish you success in your fight with Virgin Media. My apologies, I was not looking in the right place for their download limitations.

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Autoschediastic

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SEE PIC HERE

"chub_tor"

Thank you so much! its ok i understand, Now you can imagine why ive made such a fuss over it! their website states its unlimited and now in this screenshot you can see the package im on and that there is "NO" Restrictions what so ever!

& yet the letter i received states that IF i dont slow down they will cut me off.????

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wee eddie

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The Advert that you picture does not say that there are No Restrictions, you have misread it.

It says "N/A" which means Information Not Available not None.

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