Sorry not sure if this is in the right forum

I have just got an email from vm telling me that there £5 charge for non direct debit is being reduced to 45p from April

Does this mean it wasn't legal and could I claim them back ??

It always was seen as a punitive charge which far exceeded true costs, much like the local shops whi charge 50p or a pound per card transaction. I see no harm in writing and asking for a refund if it only costs 45p now, how coukd they justify charging £5 in the past?

I've asked VM on Twitter and they said it's due to EU regulations

Virgin Bledia...........

Did they quote which regukations they referred to so u can quantify their statement?

Did they quote which regukations they referred to so u can quantify their statement?

No they didn't but I've just asked them what regulations and if they have a link to them

This is what they said

Apologies for the delay .

Although 'no reply' doesn't usually equate to words. However, regulations change all the time. If this is the new regulation this is why we will have changed it. |LA

Well thats a bit vague but so nice of them to quote EU regs but nit have the foggiest which regs.

If tou kniw how much in £5 charges you have been fleeced out of, fire a letter in asking for it all back, or at least all minus the 45p's

I think they mean this one from 6 years ago

Num (4)

http://www.legislation.gov.uk/uksi/2012/3110/made

so s4 of that would mean that any excessive charges from the date those regs came in (apr 2013) have been unlawful and you can certainly claim those back. i think if it were me i'd be claiming them all if its £5 per month over x yrs, that could be a tidy little sum, especially with 8% stat int on top.

think its time for you to either SAR them, or if you have statements and you know exactly how many of these punitive charges you have paid, get a prelim fired off.

I would assume that by using these regs that there may not be a time limit? If you can claim back from pre regs it could be expensive

sorry mikey, i meant pre regs when i said claim them all.

Odd that they choose to implement this 3 yrs after the regs came into force!

VM are still charging that fee. I have been caught out many a time for it so should I call them and reclaim lol?

They are squirming already. I have asked for them to check now have to wait...got my complaint in got a reference number so now a waiting game

Always been a bone of contention, its a no brainer, £260 a yr to take payments?

Get a claim in, theyve been doing this for yrs. Had i not paid by dd i would be looking at reclaiming over 10 yrs worth. FYI it was £10 a time at one point!!

I've been a customer for more time than I can remember, so hopefully they will do the hard work for me, if not I will SAR them...

oops, my mistake, its £60 a year, unless you pay them weekly that is

@mikeymack2002 what did you say as I just got fobbed off by them

Wow I have had the complaints department back already they called me and have checked my previous accounts as well, so with this in mind I only had 3 of these fees added. So today as a result and less than a few hours, a credit of £22.75 has now been applied to my account... RESULT WOOOO!!!!

Thanks for the OP for this information good luck to all of you yet to do this.....

I actually said that due to the legislation and that it had just come to my attention, namely that at post #8 and reading some of it to them and saying that I will either send a SAR for this information and then I will add the interest anyway.... This is the section I quoted

'Excessive charges prohibited

4. A trader must not charge consumers, in respect of the use of a given means of payment, fees that exceed the cost borne by the trader for the use of that means.'

It worked for me so with that the credit will appear soon. Call was recorded and I have asked for this to be confirmed either in writing or via email... Be polite but firm. Until its not time. Give them a chance to look into it for you saying please and thank you goes a long way... IMHO that is

Thanks for the link to the legislation. I am going to reclaim all my money back from them, will be good to get especially as I am leaving them next month for EE - same package but half the price.

On the phone to them now and the rep seems to think there terms & conditions over ride consumer law

Of course they do they are a mobile service provider, everyone knows that

Nope got told it's in there terms and conditions that they can charge £5 but when you renew the contract it goes down to 45p

When I said I would do a sar request he s aid it wont include bills as they only keep them for 12 months

Time for me to send sar and try small claims court if I go back 4 years to 2012 it's only £240 but I wonder if I can go back to when I first had a contract with them as then it will be around £1000

Worth testing.......as I would think " new customers only " may be on thin ice ...legally.

Andy

I made a point of telling him I will also want the recording of that call when he claimed VM terms override consumer law and apparently his senior manager agreed