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Thread: Virgin Media.

  1. #1
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    Default Virgin Media.

    My partner an l have a on going dispute with Virgin Media regarding the telephone and tv bill.

    During the time of the switch over to Virgin Media from NTL they lost some money that belongs to us that we had used to pay off the bill it totals £550 which was paid to them in smaller lump sums of £200, £200, £150 over a four week period.

    Now despite all the evidence, which virgin media claims never to have recieved, they still want there money.

    Now as you may be able to understand them losing a few bits of paper once or twice is acceptable but not every week for about 6 mths now.

    Yesterday we recieved in the post a default notice.

    Now i assummed that....

    A) the Default notice had to be in the name of the person that has defaulted. Addressed to a Mr X incorrectly and not a Mr XY.
    B) This account was not allowed to be defaulted or they demand action been taken within 7 days if there is a dispute on the account.
    C) Action could not be taken if there was not a signed credit agreement.

    The default agreement looks above board but i could never say with Virgin Media.

    It says this line.

    DEFUALT NOTICE.
    Served under Section 87(1) of the Consumer Credit Act 1974.

    As i said there was not credit agrrement signed so i think they can do anything about this.

    Please advise if i am wrong


    The GodMother.

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  2. #2
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    Default Re: Virgin Media.

    Might be worth CCAing them. Since they clearly think the agreement is under the CCA then lets let them prove it shall we

    All my posts are made without prejudice and may not be reused or reproduced without my express permission (or the permission of the forums owners)!

    17/10/2006 Recieve claim against me from lloyds TSB for £312.82
    18/10/06 S.A.R - (Subject Access Request) sent
    03/02/07 Claim allocated to small claims. Hearing set for 15/05/07. Lloyds ordered to file statement setting out how they calculate their charges
    15/05/07 Lloyds do not attend. Judgement ordered for £192 approx, £3 travel costs and removal of default notice
    29/05/07 4pm Lloyds deadline for payment of CCJ expires. Warrant of execution ready to go
    19/06/07 Letter from court stating Lloyds have made a cheque payment to court

  3. #3
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    Default Re: Virgin Media.

    so if the cca doesnot apper under the cca rules then the debt doe not exist?

    As i was told it might be different for cable /satalite companys. They dont need to have a signed credit agreement.


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    Default Re: Virgin Media.

    They don't but they seem to think they do by defaulting you under the same act.

    All my posts are made without prejudice and may not be reused or reproduced without my express permission (or the permission of the forums owners)!

    17/10/2006 Recieve claim against me from lloyds TSB for £312.82
    18/10/06 S.A.R - (Subject Access Request) sent
    03/02/07 Claim allocated to small claims. Hearing set for 15/05/07. Lloyds ordered to file statement setting out how they calculate their charges
    15/05/07 Lloyds do not attend. Judgement ordered for £192 approx, £3 travel costs and removal of default notice
    29/05/07 4pm Lloyds deadline for payment of CCJ expires. Warrant of execution ready to go
    19/06/07 Letter from court stating Lloyds have made a cheque payment to court

  5. #5
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    Default Re: Virgin Media.

    ok. will be sending them a cca but the only address on this letter is mine. Please Note also not addressed to any of the opucants of the adress but may be a typing error.

    Just one question where do i send the letter?


  6. #6
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    Default Re: Virgin Media.

    Ok got bored last nite and decided to write a cca request to them on my partner behalf. He is more than happy for me to take ova this but has asked me to say to you all this.

    To who ever help my lovely partner with this.

    Thank you very much for all your kind help and pointing out were Virgin Medai have gone wrong.

    I will make sure Th GodMother keeps the post up letting you know how this goes.

    Thank you again.

    The GodMothers fianceicon

    Well l nee to go and get the postal orders and post these documents.


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    Default Re: Virgin Media.

    Yes you will need to do that and just to clarify, No CCA means the debt is unenforcable it doesn't mean there is no debt.

    TezViper

    TezViper

    I give advice not as an expert on law, only as a guy who succesfully claimed back £3385 from The Halifax. Followed by another £2611.

    Lloyds TSB settled in full before hearing

    Cap One offered full settlement and default removed.

    If I help in any way then please donate to the site when you are succesful

  8. #8
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    Default Re: Virgin Media.

    yes but the main problem we have is they keep sending the letters to him in the wrong name for the tv and phone but the correct name for the internet. I dont know where we stand on this one but they have been corrected on numerous occassions and dont seem to care about it as it has never been changed in the whole time he has been with them.


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    Default Re: Virgin Media.

    just checked and they have recieved the cca request this morning. Will be printing a copy of it off when the signatureicon is available online.


  10. #10
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    Default Re: Virgin Media.

    Well got a lovely letter threw the post this morning.

    Virgin Media have re instructed Moorcrap to get the money. Got a lovely letter from them titled NOTICE OF INTENDED LITERGATION.

    Well i am about to write a Friar Tuck letter informing them that the account is in disputeicon and l have asked them to product a copy of the creit agreement.


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    Default Re: Virgin Media.

    There's a perfect opportunity for you to have a little chat with Steve Wrench Credit Today online about the shabby way you've been treated by Virgin Media.

    He claims he's happy to discuss things in a polite fashion - you could test him out see if you can get an explanation. I think you'll find there are many others who've had similar problems, and this could be a chance to put him on the spot.


  12. #12
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    Default Re: Virgin Media.

    well this morning got a letter dated 8th oct 07 from Moorcroft.

    This letter i know is wrong but you all will love it.

    Dear Mr XY

    RE VIRGIN MEDIA.

    FURTHER TO YOUR RECENT CORRESPONDENCE, I WRITE TO CONFIRM THAT WE REQUIRE A MONTHLY REPAYMENT PROPOSAL YOU CAN AFFORD AND MAINTAIN TO ENABLE USE TO DEALT WITH YOUR REQUEST.

    Sorry ablout the caps but this is how they write to everyone.

    Why should we have to set up a payment plan with them when we have wrote to them telling them the account is in disputeicon and that we have cca'd Virgin Media.

    I know i dont have to do any of that so i know they are wrong.


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    Default Re: Virgin Media.

    We had a massive problem with Virgin Media when they didnt close down our account properly when we moved to a new area which didnt have NTL. They had instructed Moorcrap to try and get what they thought was owed to them, when in fact they owed us monies!!

    Luckily for me I work round the corner from them so after 6 months of getting nowhere I paid a doorstop visit and refused to go until someone came and saw me . I was told by security on reception that they dont do face to face conversations only over the phone!! So I was like no worries you can get someone to ring reception and sort this out........! I walked out of the building with £100 of virgin vouchers. Sorted

    The Godmother dont give up and make sure you get some form of compensation for the distressicon they have caused cant believe they've lost your money and have the cheek to default you!! x


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    Default Re: Virgin Media.

    3 weeks after we paid the bill they set moorcroft on us. I am giving moorcroft the runaround and we are now ex customers of VM.

    Go for it Godmother!!


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    Default Re: Virgin Media.

    well even tho i am distantly related to Sir Richard they still dont seem to care about this.

    I no i dont have to set up a payment plan and i will not be setting one up just so they can say even tho u have no cca u have acknowledged the debt and need to pay it.

    They recieved the letter on the 2nd which means it is 7 days ago.

    Which gives them until the 19th until they defalt. Oh i am so gonna love that.

    will keep u all posted.


  16. #16
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    Default Re: Virgin Media.

    Just a thought but can they take my partner to court or default him if they refuse to use his actual name?

    They have never used his actual name and despite us correcting them on several occassions they keep sending him letters and asking to speak to him when they ring by the name of they are calling him. All the bill for the tv and phone are in the wrong name and the default notice is aswell.

    Where do we stand on this fact?

    All thoughts would be appricated.

    will keep u all posted

    Chrissi


  17. #17
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    Default Re: Virgin Media.

    I believe i've had this problem as well. I am currently paying off monthly installments of £10 to moorcroft due to a huge phone bill that arose during family trouble. It never even occured to me that they defaulted me under section 87(1), but they have!

    Surely it is unlawful to register a DN against me when the agreement isn't even regulated under the CCA1974. I'm not sure if i should start CCA'ing moorcroft, as i'm already underway trying to sort my Barclaycard account out, but would it be worthwhile even doing this?

    Say it got court, and you used a lack of a CCA as a defense. Couldn't virgin/moorcroft just state that it was a contract for services and isn't regulated by the CCA1974? At which point would a judge not order you to pay up?

    John


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    Default Re: Virgin Media.

    I wasnt aware that the Virgin media accounts were regulated under the CCA 1974.

    hmm thats new to me.

    Right,

    from reading post 1 you have paid them yes? and thy are saying that they never recieved the payment. can i ask how you paid them? was it via the giro silp at the bottom of the bill or was it via credit card

    basically im trying to establish what proof you have of payment.

    also with regard to the misspelling of the name. are we talking about a slight misspelling or a totally different name which is in no way related to the correct name
    when did you take outthe account with ntl, was it before 2004?

    my main point of concern is that as john pointed out,if the account isnt regulated under the cca then a judge would be able to issue an enforcement order even if they do default on your cca request.

    regards
    paul


  19. #19
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    Default Re: Virgin Media.

    The only reason I suggested a CCA was because VM have defaulted the OP under the CCA. As VM agreements are not normally regulated by said act I have to say I'm interested in what VM come up with with regards the CCA.

    Certainly the default should be overturned as they have submitted a default notice under the CCA for an agreement that is not regulated by said act.

    Certainly the debt may be enforceable as people have rightly said it is not covered by the CCA. However there's a slim chance that VM might not know this. Also as I said before the CCA request should make removing the default notice a lot easier as they cannot default you for an agreement under the CCA that does not exist

    All my posts are made without prejudice and may not be reused or reproduced without my express permission (or the permission of the forums owners)!

    17/10/2006 Recieve claim against me from lloyds TSB for £312.82
    18/10/06 S.A.R - (Subject Access Request) sent
    03/02/07 Claim allocated to small claims. Hearing set for 15/05/07. Lloyds ordered to file statement setting out how they calculate their charges
    15/05/07 Lloyds do not attend. Judgement ordered for £192 approx, £3 travel costs and removal of default notice
    29/05/07 4pm Lloyds deadline for payment of CCJ expires. Warrant of execution ready to go
    19/06/07 Letter from court stating Lloyds have made a cheque payment to court

  20. #20
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    Default Re: Virgin Media.

    Hello davethorp

    i agree with your reckoning with regards to CCA'ing Virgin but i would suggest that while Virgin's customer (dis)services may not be clued up with regards to the CCA their legal department would more than likely pick up on this

    the issues i would have would be that the debt has been paid. the fact that virgin chose to ignore this fact is up to them but in court, so long as the OP can show it was paid no debt exsists IMHO

    regards
    paul



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