Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
I had a very interesting telephone call from Telewest Collections (Manchester) today regarding this month's bill - Which co-incidentally arrived in the post today. I pay via card over the phone as I'm not happy to let them dip into my bank account. As a result, I frequently have all kinds of "fun" with them re: late payment + non-direct-debit processing fees.
Today, they called my home number and "Stephen" proceeded to explain that my account was outstanding by £xx.xxp (i knew this) and could I pay there and then. I explained about the "penalty charges" which I will be removing from the payment of the bill - He subequently used the word "penalty" before I'd even said it He refused to explain how it was calculated (what a surprise).
He also refused to change my home number to my mobile despite my insistence that it was easier for them to reach me and more convenient for me, especially as I'd be able to see it was them calling me. He refused on the grounds of "we don't place calls to mobiles". Pah, by this stage - I was mentioning a letter of complaint. "Stephen" was foreign, and didn't have a very good grasp of the English language... I appreciate we all need to make a living, but this chap was rubbish at communicating - and for a communications company to employ such a communicator - Shocking, to say the least.
After 12mins of verbal ping-pong - I realised that I hadn't provided a password to any other details to this person, as confirmed by 2 other members of my family who were present in the room during the call. He was sure that I had provided a password - I reminded him of what was said at the start of the call, even down to him calling me "Mr Bidster" (my firstname) and asking "how i was today"... He then assurred me that the call was being recorded and then claimed to be listening back to the start of it and was insistent that I had given a password. He refused to play it back over the phone or repeat the password to me.
By this stage, I was fuming (but polite). I mentioned a Data Protection issue and asked to speak to a supervisor - I was put on hold for a short time, maybe 2mins - "Stephen" then came back and said "please wait until the line is free", put me back on hold... Then, 30s later the line went dead... cue BT dial-tone.
30mins later, I've drafted a strongly-worded letter of complain - I decide to call them up, using their freephone number - I navigate their automated maze of options, elevator music and assurances that my call is important - I get through to Sandeep. I like Sandeep, he's helpful, polite and understands my problem. He verifys my details and proceeds to check my account and finds no record of "Stephen" having logged into my account - Just the lady who called me yesterday. I ask how this is possible - He suggests it may be he was looking at a paper copy of my bill via their paperless office system (fair enough, I guess).
I like him even more when he says "no problem" when I ask to amend my telephone contact number. Wow, this is good - Shall I hit him for another favour ? Why not... "Any chance of a copy of the recording between Stephen and myself?", I ask... "Well", he says: "Stephen wouldn't have known if the call was being recorded, it's done on a random basis"...
This really gets me going - "So he wouldn't have been listening back to the start of the call like he claimed?"... "Definitely not, sir". Wow, Stephen's a naughty boy - and I'm going to see that he gets his bottom slapped.
A complaint is logged, Sandeep has been very helpful - answered all my questions, given me plenty of information and let me have their Swansea address so that I can send them my bestly crafted "angry of Essex" letter 1st Class post-haste.
I wonder what I should ask for by way of compensation... It's exactly 12 months since I took-up their services, so I'm free to cancel - But I'd rather get some free internet out of them first. I'm throroughly convinced that "Stephen" has breached the Data Protection Act and I'd be surprised if the call was really being recorded.
As such, I'm fuming at Telewest/Ntl/VirginMedia... It's always been Telewest as far as the bills go - But "VirginMedia" have really gotten off to a great start
For 'randomly recorded' you can probably read 'never'. I would think that if they are recorded, it's only for staff training purposes.
Personally, after finding on so many occasions that what I've said and written down about conversations is not what the person at the other end chooses to put down in the computer record, I now 'randomly' record my phone conversations on computer so that I have a definite record. Oddly enough, so far that has randomly been every call!
i once had a very similar prob with tiscali, i told them i wasnt going to pay for the rest of my contract with them but was very happy to pay up untill i cancelled (leaving about 8 months to run on an 12 month contract) because of the bad service and broadband Breakdown . he was a proper idiot and wouldnt let me cancel untill i had agreed to pay the whole contract off so i requested a copy of his "recorded" conversation with me and i put it in writting to head office the reason why i wanted a copy, i told them i was going to take the recording to a solicitor, watchdogs, oftel and newspapers too. i recived a confermation letter for my request and nothing else. not even a demand letter for the rest of the contract money that they wanted its now 8 months since i asked for it!
For 'randomly recorded' you can probably read 'never'. I would think that if they are recorded, it's only for staff training purposes.
Actually, for "randomly recorded", you can probably read "systematically".
I have worked in many call centres of big companies, and calls are usually: 1) recorded, 2) capable of being listened to by another member of staff/supervisor at any time, including while the call is ongoing.
The calls are usually kept for a few months, and in companies like Mondial Assistance (for example), the supervisors pick some calls at random for each worker over the month to evaluate their performance. In cases of complaints, they were ALWAYS able to retrieve the convo, even without specific time and date.
Apologies to people who I was in the process of helping, I may be gone some time.
all change and I had hoped for the better, but some of my services disappeared for a day having paid the bill by card and been issued with the authorisation code I was informed that because I could recall that charge even after I had paid over the phone this was the reason for disconnection. also that it was a totally automatic process that happened in three stages and the stages had 'completed' so there was no way to reverse it??? we were all, virgin staff and customers at the mercy of the automated system!
how strange said I, earlier when my services disappeared I rang up and asked for them to be reinstated on the strength of a part payment and agreement to make the final payment on a certain date and hey presto service resumed. this was great and at that time I felt really pleased with the customer service, being spoken to like a grown up and so on. so I was shocked to discover that even though I only recd the current bill afew days ago some technicality about funds clearing and automated process means we have to have everything off again because - the computer says no
'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819
I gave them a call yesterday afternoon and spoke with a very nice and helful lady who did a bit more digging for me. It transpired that the infamous "Stephen" was logged in on my account under a female employee's name. She confirmed that my letter had been received, so was being dealt with.
This morning a letter arrived from Virgin Media saying "sorry that you're unhappy" and confirming that they are still on the case... I look forward to having them resolve this matter, especially as I'm now free to go elsewhere for broadband
By amazing co-incidence, the amount that I'd like to see as a gesture of goodwill for lying to me, breaching the data protection act and also failing to transfer me to a supervisor is exactly the amount of this and next month's bill... Funny ol' world!
The BidsterMeister Helper of the hapless and hopeless...
By amazing co-incidence, the amount that I'd like to see as a gesture of goodwill for lying to me, breaching the data protection act and also failing to transfer me to a supervisor is exactly the amount of this and next month's bill... Funny ol' world!
What would be funnier was if the amount was exactly a penny more...have them jumping through hoops, just to satisfy a demand for one penny...
Alecto, Magaera et Tisiphone: Nemesis on Earth is come.
All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
They placed a restriction on my services (ie: disconnected the internet) on Wednesday morning (00:20) due to my disputing the bill and having this complaint. Spend a bit of time on the phone, no joy...
Thursday - Despite following the options for "if you're thinking of leaving us", I was told that they weren't the right people to speak to if I wanted to re-negotiate my contract (the idea seemed alien to him!), so I went back to customer services where I explained firmly but politely that I intend to take the matter to the highest possible order unless my current bill is reduced to £0 by way of compensation. In return, I said that I'd take up their phone offer of free weekend calls for £2/month.
The offer is currently "in their system" and I am awaiting a response from something called "national complaints" who don't appear to have a contact number (or they can't give it to me).
The nice man that I spoke with last, said that he'd restore my services for 7 days whilst the matter is being dealt with - So I guess they have until Thursday before I need to thrash their backsides about a bit more.
The BidsterMeister Helper of the hapless and hopeless...
I've been having same sort of trouble over bills myself. Not rscieved one since Sept. 2006. Didn't hear from NTL untill I got Virgin Media welcome pack.
On 14th Feb I recieved FINAL REMINDER OF OVERDUE ACCOUNT for £xxxx dated Feb 9th.Phoned them explained about missing bills was asked to pay overdue ammount. I said I didn't have enough funds they said we'll give you £25 goodwill payment can I make up difference. I said no so they reduced my services on the 16th
On 23th Feb recieved URGENT ACTION REQUIRED letter dated 19th Feb stating if I didn't pay up my credit rating "BLA BLA BLA!" Phoned them ,08000522620,said could not pay untill after 25th .
Payed by debit card on 27th Feb.
Services reinstated next day 28 Feb.
On 2nd March recieved DISCONECTION NOTICE dated26th Feb.
If not payed within 7 days the following action will be taken
1. Your Virgin Media services will disconnected without further warning.
2. Your details will be sent to a debt recovery agency .This means they
may call at your home to collect payment
3. Your details will be passed to credit reference agencies and remain
on their files for up to six years.
4. You will louse you phone number which means friends and family will
not be able to contact you.
On the same day recived DEFAULT NOTICE dated 26th Feb.
After many phone calls final got things sorted on 3rd March and was promised all outstanding bills by email within 2 hours.
These didn't appeare so I phone tonight spoke to a very nice woman called Marie who she would look into it sort it out and phone me back tomorrow.
Just before saying goodbye I asked because of all this SKY business and loosing chanels Would I be getting a discount.
The answer was YES £10.50 a mounth!!!
Sorry to be so long winded.
lazybones
All opinions expressed by me are my own personal ones........
If in doubt seek Professional Advice _________________________ _
MBNA....... S.A.R....Posted..12/3/07 Delivered..13/3/07..Replied..20/4/07-- Incmplete Non-compliance letter sent...01/05/07 LTSB........S.A.R. ..Posted..14/3/07 Delivered..20/3/07..Replied..21/4/07--Incoplete Non-compliance letter sent...07/05/07 AL+LE...... S.A.R... Posted..14/3/07 Delivered..15/3/07..Replied..20/4/07--Complete
Well, the day has come when I get a phone call offering all kinds of wonderful incentives from the VM tower of power... This is after, I might add, receiving my latest bill and a letter promising a default on my credit file and an appointment with one their favourite DCA reps.
So, the mysterious "Stephen" has not been traced - This is the chap who told me porkies after failing to get my account password and other personal data before he started talking account specifics with me. They also had a "large backlog" of letters/complaints (surprise, surprise) to deal with - Hence the 3 weeks since my last contact with them...
Remember, the nice man who "restored my services for 7 days" ? Not a single blip since that call 3 weeks ago. So that's what they mean when they say they'll get back to you within "7 days"...?! I kept expecting the internet to get switched-off, but no such luck.
To cut this long story short - Nice lady accepts my offer of wiping my outstanding bill (which has now hit 3 figures) if I close the matter. I'm happy with that - no mention of the telephone service which I'd offered to take out for £2/month extra... Ho-hum, not a necessity, just a luxury
Here's the bit that'll send the forum admins into a spin... I then say "now, this payment processing fee of yours"... She laughed, she knew where this was going! I asked about it - She didn't know how it was calculated but said it stood. I then put it to her that not only have I experienced incompetance on a grand scale by one of their employees, but that Virgin Media do not have an established trading record. I said for those 2 reasons, I am un-willing to pay this amount on top of the £35 you presently charge me for broadband XL.
After a bit more verbal ping-pong, she then agreed that she'd "offset my account by -£5 every month for six months" so that I am not charged for paying via their automated card system (or BACs). I said "thankyou very much" with a big smile on my face.
"Anything else I can do for you, sir?"... No, I think that's all for today
So, I've had £130-odd wiped off my bill and am going to be charged their "payment processing fee" for the next 6 months... I'm just waiting for this to be sent in writing, upon receipt of that letter I said they'd be free to close the complaint.
The BidsterMeister Helper of the hapless and hopeless...
That's a very good idea - I had a dispute several years ago with (who else) ntl; I refused to pay, heard no more about it, but when I came to apply for a mortgage a year later I found that I had a non-payment on my credit record.
Wonders never cease.......Virgin Media are seemingly keen to see that no one breaks not only their contractual provisions....but also laws of the land.
Their terms and conditions makes for long reading.....and mentions your TV licence (or lack of one)
They say they will withdraw services from you if they discover that you have no TV licence !
If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon. Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed. Donations help CAG to help YOU Click here
Well, as I put in my post last year - They removed the £130 from my bill and gave me a 6-month grace period on the non-DD fee. After lots of aggro, I've now been given a £3.50p discount on the £5 charge, so paying £1.50p is a start - I'll have another go with them once I've re-charged my batteries
VM still haven't actually responded to my (numerous) letters asking how the charge is calculated. Why is it EVERY single telephone operator at every single company gives you the answer WHY it's been applied, not HOW it's been applied... Typical scenario:
Me: Can you tell me how this £5 charge is calculated, please?
Them: It's applied because you do not pay via direct debit, and other companys have a similar charging regime.
Me: Yes, I know why the charge is applied - I'd like to know how it's calculated, please...
Them: As I've already stated, you do not pay via Direct Debit so have to charge a fee.
Me: Yes, and as I've already stated, I know WHY you are applying the charge, I wish to know HOW it is calculated...
Them: I'm sorry sir, but we are just going round in circles.
Me: No, we are not - You are either avoiding my question or you don't have a suitable answer for it. How is the figure of £5 arrived, please ?
It appears that to get anywhere with call centre staff, you have to get through to somebody who likes to help and is not a moody old cow - In my experience, the older females tend to be worse.
The BidsterMeister Helper of the hapless and hopeless...
Virgin Media Customer Services/Complaints
Matrix Court
Llansamlet
Swansea SA7 9BB
Account Number: xxxxxxxx
Dear Virgin Media,
I am writing to protest about your penalty charge for customers who do not pay by direct debit. I think this charge is unfair and does not reflect the true cost of processing my payment. It seems to me simply a way of increasing your revenue. Provided I do so on time, it is my right to pay my bill however I choose. Why should I pay more just because I don't use your preferred payment method?
I urge you to reconsider this unreasonable charge. But if you insist on continuing with it, I would expect you to demonstrate that the charge is justified. You will be aware that the law says penalty charges must be fair. I do not believe that this is the case with yours, but look forward to hearing your explanation.
In any case, kindly supply me with a full Breakdown of how the Payment Processing Fee and Late Payment Fee are calculated. Take note that if you are unable (or un-willing) to provide such information, I shall expect a credit to my account for ALL penalty charges since the formation of our contract (enter date here). If you do not respond (or respond positively) within 7 working days, I shall proceed with alternative action and consider alternative enforcement options.
Yours faithfully,
Send it recorded if you want to be 100% sure. I didn't, but did get a "sorry we're busy and it'll take a bit more time" letter. On a subsequent call to them, they assured me that the matter was closed - ie: they waited a month and didn't bother to follow-up with me.
The BidsterMeister Helper of the hapless and hopeless...
I wont go into the story of my problems with trying to leave Virgin Media as it would take several pages. However i got so exasperated with them and their so called customer services, being kept on hold, transferred, listening to bull*(&* that i decide to find out how i could talk to somebody sensible. For any of you that don't already have this info (Virgin Media hate people to know) their head office address and telephone number is Virgin Media Ltd, media House , Bartley Wood Business Park, Hook, Hampshire. RG27 9UP, 01256 7520000. Just ask for the complaints department as i did and after 4 months of crap the lady i spoke sorted things in 5 minutes over the phone. You may wish to post this as a sticky.