Virgin Mobile

[bandonbhoy]

Last Dec, ordered mobile phone from net shop with eventual link up to Virgin, however two days after order sent email cancelling.I was told to return it to Carphone warehouse, which I did receiving receipt. It was returned to the FORGE branch in Glasgow. In early Jan I received invoice from Virgin saying they were to take £25 from my accounin mid Jan. I contacted bank, but they said there was insufficient time to stop payment. Virgin told me that I was to contact the Carphone shop and ask that cancelltion notice be sent to them.This I did, and idd each month as new invoices arrived. Then after four months I was sent another for £550 for return of phone and that my name would be plavced on credit register as default. Phoninh them was tedious. Despite being in 21st cent, Virgin has a very inefficient customer contact line. I drove the 40 miles to shop and had it confirmed by everyone in shop that phone had been returned. Then in June when I finall lost the plot, discovered that the manager at the FORT branch in Glasgow had said he wasbeing innundated by pohone clalls from Virgin looking for phone. I was pure chance that he said this to manager of the FORGE branch, who said he had the p[hone. Virgin was told and I phned them to ask for money bak. Months pass, then letter sent requesting my £25 plus my coctst of letters, petrol ect and notioce that I would file small claims order. Phoned two weeks ago and was told that a cheque had been raised for £25 and sent to CARPHONE WAREHOUSE. When I asked why I was told it was their mistake and they would seek its return and then after that pay me back the money. Waioted three more days and now have lodged small claims. The value is not much, butit is another case where a company can make errors and expect the consumer to bear thier error costs.

[buzby]

To be fair - Fort and Forge are an easy mistake to make, and if this didn't happen, you'd probably be a happy bunny with ther money in your account and a lesson learned. You DID send them a Letter Before Action? Giving them 14/21 days to pay you before you raised the action? If not, you might find they can appeal as you didn;t give them an opportuinity to resolve the issue. Also, who did you state was the Defender? Virgin, Virgin Mobile, Net Shop, or the Carphone Warehouse?

[MrShed]

Originally Posted by okonski

If not, you might find they can appeal as you didn;t give them an opportuinity to resolve the issue.

That is an interesting point of view - the time limit given, whether long or short, has no bearing on whether the money is actually owed or not.

[buzby]

No, but your action has to be shown to be reasonable, and the Defentant has been given adequate notice of the dispute and an opportunity to rectify it. Judges dislike litigous persons who don;t play the game. Whatever the dispute, you have to advise the errant party that you seek satisfaction and failing that, you will resport to court action - to show your seriousness in this matter. If the OP did not, and just went to court, the Sheriff may dismiss the action as being frivolous, as the Defendants were not given an opportunity to resolve the dispute.

Your right - 14/21 days has no bearing on the amount owed, but it does if there's been no LBA.

[bandonbhoy]

i have been away in england and using the hotel computer i had thought i had sent you a response to your work, but apparently it has not been sent.
so i had sent two lba's, the first in june, and the second in early sept. i never in any correspondence or phone calls or emails used FORT. that was the mistake of the virgin mobile people who obs were looking at their data base and somehow connected me to that store. i have never received any info from them save one in july where they admitted their mistake and that they would process my refund.

it is my money i am seeking back, not virgin mobile's, not carphone warehouse.

when i mentioned on phone to virgin mobile for third time that i was going to file small claims i was told that was my right. in a way i thinhk they wanted that. when they decided to refund my money, they even got that wrong and were paying it to carphone warehouse.

that they were prepared to pay only the £25 back and no compensation says more about virgin mobile than any spoofy advertisement.

thanks for rading mymail and your comments, but your suggestions were not quite to the point(s)

[buzby]

I think you'll find my suggestions were correct for the information that was originally provided. Providing you have given then ample opportunity to rectify the problem, then you have every right to resort to the courts and seek satisfaction. If you have given them the opportunity and they have refused, then they can have no fear of a Sheriff saying you were being unreasonable (if the action is defended). It's your money - and if all you are pursuing is £25, all it will cost you is £7 in court fees which you will get back.

[bandonbhoy]

This morning I received letter from Virgin offering me cheque for £232 to settle and tell the court that the case has closed. Second day running success. Yesterday it was MBNA with 1260. Wait for cheques to clear then send donation and also use these to fund other cases

[buzby]

I just bet you're gutted...!

Well done!