Virgin Media.

[The GodMother]

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.

[davethorp]

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

[The GodMother]

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.

[davethorp]

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

[The GodMother]

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?

[The GodMother]

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 Fiance

 

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

[tezviper]

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

[The GodMother]

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.

[The GodMother]

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

[The GodMother]

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 dispute and l have asked them to product a copy of the creit agreement.

[dannyboy660]

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.

[The GodMother]

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 dispute and that we have cca'd Virgin Media.

 

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

[Mrsmancmonkey]

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 distress they have caused cant believe they've lost your money and have the cheek to default you!! x

[Bus no 808]

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!!

[The GodMother]

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.

[The GodMother]

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

[Aristoc]

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

[pt2537]

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

[davethorp]

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

[pt2537]

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

[The GodMother]

Hi Paul and Dave.

 

Paul i paid them via the giro slip on the bottom of the bill.

 

In regards to the name problem i have pmd you this as i dont want to post it publically.

 

The contract was taken out last year about October time.

 

One thing i can understand tho is how on the tv and phone they cant use the rite name but on the internet contract they can.

[pt2537]

Hi

 

Firstly, the name is wrong plain and simple, its not a misspeling in my opinion but another person.

 

so here the deal, off the top of my head i do believe its illegal to open mail which is not yours, i do belive this comes from the Post office Act 1953 but i may be wrong, there is also a provision in RIPA 2005 which refers to interception of mail

 

i would simply return those letters to virgin as not known atthis address

 

the tv and phone will be a seperate account from the internet that is why you will have correct details on one and not on the other bill. it was the same when i had Virgin broadband

 

Now then, if you paid your bill via giro slip you should have hte payment reciept attached to the giro, i used to pay my bill via the post office and they always gave me a payment reciept which they stapled to the giro.

 

i think the thing to do would be to write to moorcr@p explaining that they are pursuing a debt which is in dispute and that is contrary to the OFT guidlines on debt collection

 

then i would write to Virgin media raising a complaint thatthey are pursuing you for monies which you do not owe. send them copies of all the documentation which supports your claim and take it from there.

 

 

any other monies that you do owe i would suggest that you pay as the CCA route will not help and therfore i dont feel you would be entitled to withold payment if they do not comply with the CCA request, thats my opinion any way

 

regards

paul

[The GodMother]

Thanks paul.

 

We have already wrote to moorcrap.

 

They wrote back saying:-

 

FURTHER TO YOUR RECENT CORRESPONDENCE, I WRITE TO CONFIRM THAT WE REQUIRE A MONTLY REPAYMENT PROPOSALYOU CAN AFFORD AND MAINTAIN TO ENABLE US TO ASSIST YOU FURTHER.

 

I know that they are unable to do that. I have spoken to royal mail regarding the fact that they refuse to use my partners name regarding this matter and they have said that this doenot break any laws under the post office act as Virgin Media are not using the correct name for him and as far as they are concerned virgin media are at fault not us or the post office.

 

I have sent Virgin media all the evidence that the bill has been paid, copies of the giro slips, They have said they are fakes and accused us of fraud. They have said that these are not acceptable proof of payment as they are fakes and i need different forms of proof of payment.

 

This is after my recent supply to them of the proof as everything they have recieved for about 6 mths was going missing with in there system.

 

What would you advise me to do now?

 

 

Thanks for your help

 

Chrissi

[pt2537]

Hi Chrissi

 

im gobsmacked:eek:

on what grounds did they accuse you of fraud? if you paid in a bank,postoffice or pay point then there will be a paper trail for those payments

 

i would consider speaking to the regulators, in this case its ofcom

 

Home page | Ofcom

 

they should be able to help.

 

regards

 

paul

[The GodMother]

they just said it was as they did not believe i ever took it to the bank.

 

What i photocopied was the letter including the payment slip filld out and the letter with the banks acknoledgemnet slip saying that it was paid.

 

I have spoken to ofcom but they have said they cant do anything about it as vm have messed up by not using the correct names. They have said vm are in the wrong and vm can do anything about it.

 

i dont know how rite that is but i dont know what more to do.