Debt collection letter...help needed

[knapper78]

Hi, I have received a letter from tsc credit management stating that i owe £594.46 to virgin media??? I have never had an account with virgin media.
I previously had broadband with NTL so i think it might be something to do with that account, problem i've got with it is i closed that account and paid what i owed. Can someone please advise me on what the best action is to take

Thanks

[mrmarmite]

CCA them

[knapper78]

Sorry I'm a bit wet behind the ears, I don't know what a cca is or how to do one, could you advise me on how to go about it.

Thanks

[mrmarmite]

ok bear with me a sec plz

[mrmarmite]

Creditors and DCAs - Letter Templates & Budget Planner click the link, you want LETTER N
send by recorded delivery and enclose a £1 POSTAL order or a cheque IF signed by some 1 else NOT you, DONT sign the letter with your true signature just to a scribble or PRINT your name,

what this does is check their LEGAL right to collect the debt, they have 12 WORKING days to supply the CCA (consumer credit agreement) if they dont they have no legal right to demand/request payment from you until such time they provide one.

[Tila]

CCA is basically consumer credit act which means when you request this you in effect asking them to proof it. Im sure some one will post a template for you or you can search the forum u will find hundreds of them.

Dont worry you will get great help here to solve this

[mrmarmite]

Originally Posted by Tila

CCA is basically consumer credit act which means when you request this you in effect asking them to proof it. Im sure some one will post a template for you or you can search the forum u will find hundreds of them.

Dont worry you will get great help here to solve this

lol done that

[knapper78]

Thanks mrmarmite/tila i'll let you know the outcome

[mrmarmite]

ok, any probs any questions just shout in your thread and i'll be notified

[BrandiBroke]

Can someone correct me if I'm wrong but I didn't think this sort of debt was covered by the consumer credit act as it's one of those debts that's intended to be paid off in full each month? Or have I just been reading too much and scrambled my brain lol?!!

[Tila]

Well its a bit of a grey area but in this particular situation all OP needs to do by sending CCA is to get proof.....

[mrmarmite]

Originally Posted by BrandiBroke

Can someone correct me if I'm wrong but I didn't think this sort of debt was covered by the consumer credit act as it's one of those debts that's intended to be paid off in full each month? Or have I just been reading too much and scrambled my brain lol?!!

in some cases yes. BUT DCA's dont know the law. example of this is, my old man had debt with gas/elec company, it went to a DCA, i sent them a CCA, the response was "we dont have a CCA and we notifying that we have now closed this account on our system"

he never heard a peep since and I know full well that gas/elec DOES NOT fall under the consumer credit act

[mrmarmite]

when i had cable (cable and wireless days) you had to sign a contract with them, within that contract there is an agreement of some description.

[Yijan]

Just wondering if you had any success/response to your CCA?

I have also received 2 letters now from TSC threatening me with a debt collector or legal action unless I immediately pay £117.83 - yet they have sent me no proof or documentation of this debt at all.

[mrmarmite]

Originally Posted by Yijan

Just wondering if you had any success/response to your CCA?

I have also received 2 letters now from TSC threatening me with a debt collector or legal action unless I immediately pay £117.83 - yet they have sent me no proof or documentation of this debt at all.

I assume you have sent the CCA?

If so you send them a threat letter for harassment (protection from Harassment Act and Administrations of justice Act) and tell them SHOULD they continue to persue a debt they have no legal right to collect then you will take them to court.

I have done exactly this with B-card

[Yijan]

Originally Posted by mrmarmite

I assume you have sent the CCA?

I haven't yet I've just drafted out a letter using Template LETTER N and will send it recorded delivery with a £1 Postal Order first thing tomorrow.

However, my partner contacted Virgin Media and after some poking around it emerged that the debt related to an old (at least 4 years) NTL account - Now we understood that this account was (eventually) settled and closed as NTL could not provide the phone/internet service when we moved house within a reasonable length of time: I was told at least 4-6 weeks just to transfer the phone! All communication for this was over the phone and not in writing. I received no further bills/communication from them until this debt collection mail.

The rep told my partner that we must request in writing all our past bills and send it to their customer concerns team - which I find pretty rich considering they're the ones chasing us for the money!

Am I right to proceed with the CCA letter here?

(p.s. sorry to hijack your thread knapper78!)

[uk1975]

Rather than sending the CCA, I would send an Subject Access Request to Virgin.

From this, they have to send you sopies of EVERYTHING related to your account over that period, copies of bills, letters sent, transcripts/recordings of phone conversations, etc.

This should then give you something to go on.