Havinastella V Virgin Media

[havinastella]

Chief Executive Office

PO Box 238

Wythenshawe

Manchester, M22 0WJ

 

9th June 2008

 

Request for repayment of charges

 

Dear Sir/Madam,

 

ACCOUNT NUMBER: 8XXXXXXX1

 

My request

I am writing to ask you to refund to me the charges which you have levied from my account over the last three years.

 

I now understand that the regime of fees which you have been applying to my account in relation to failed payment charge, non direct debit admin fee, late payment charge, payment handling charge and so forth are unlawful at Common Law and contrary to consumer regulations. If you say that they are not, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches, in order to reassure me that your charges really do reflect your true costs.

 

Additionally, it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary.

 

Your responsibilities

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise.

 

I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them.

Your concealment of the true nature of your charges has prevented me from asserting my right until now.

 

What I require

I calculate that you have taken £353.00 plus £29.43 interest for the sum which you have taken. Total £372.43 .

I enclose a schedule of the charges which I am claiming with this letter.

 

My targets to resolve this matter

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

 

I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.

 

If you dispute that I am entitled to a refund of these charges, I request that you forward within the above mentioned time scale, a copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions.

 

 

 

 

 

 

 

 

 

 

 

 

Lets see how this goes :grin:

[MrShed]

Not sure you have any basis for the non DD fee - but good luck with the claim!

[havinastella]

well got a reply, I notice they didn't dispute the late payment charge though.

 

N1 to be Issued next week

 

By havinastella

[buzby]

Funny how it makes no reference to BACS, so making the cost element the same - it's all about CONTROL, nothing more.

[havinastella]

I Have been lazy, it's funny how you stop chasing when you don't really need the money

 

So on Monday this will be sent

 

 

 

 

 

 

 

 

 

 

About time I stirred these up, It will pay for my Sky to be installed.

 

 

Jogs

[MARTIN3030]

Excellent.The action started last July,will of course be irrelevant since you should have completed the process.

But the latest actions in 2009 have given ample notifications.My guess is that they will bombard you with calls now.

But you are at the last stage before they will see how serious you really are.

[MARTIN3030]

Jogs I have just spotted something also.In your letter of 2008 you appear to have used a prelim templated for banks and credit cards.

The OFT credit card enquiry and bank investigations is irrelevant to your action with VM.

[havinastella]

Yeah, but they won't know that

 

Thats why I'm giving them another 14 days, my emails I sent I stole from Emma so they'll hold up

 

Thanks mate

 

 

Jogs

[havinastella]

OK, superb, I have there final response.

 

Whats even better is they refuse to disclose their costs

 

 

 

N1 being filled in now.

 

Jogs

[sam614]

OK, superb, I have there final response.

 

Whats even better is they refuse to disclose their costs

 

 

 

N1 being filled in now.

 

Jogs

 

oh go for it. robbing bar stewards:-D

SAM:pLOWELL DETESTER

[MARTIN3030]

Ha Ha-bog standard final reply then.

 

I had VM credit management on to me yesterdayasking me why I had not paid the bill-I said arent you aware of the dispute ?He said no.

I said better ask your CEO then -he knows all about it.

He replied-whose he?

He then said....ok if you want to pay today we can knock £130 off your bill right away.

I was tempted to say ok then but the claim is still on.

 

By the way-when you file the claim it needs to go to VM legal affairs-this is not their HQ.

Saves time because if you send to HO they might miss the deadlines and apply for a set aside on account that they didnt see it.-This has happened to me.

[havinastella]

Ha Ha-bog standard final reply then.

 

I had VM credit management on to me yesterdayasking me why I had not paid the bill-I said arent you aware of the dispute ?He said no.

I said better ask your CEO then -he knows all about it.

He replied-whose he?

He then said....ok if you want to pay today we can knock £130 off your bill right away.

I was tempted to say ok then but the claim is still on.

 

By the way-when you file the claim it needs to go to VM legal affairs-this is not their HQ.

Saves time because if you send to HO they might miss the deadlines and apply for a set aside on account that they didnt see it.-This has happened to me.

 

Thanks for looking in,

 

I'm using this address for the N1 claim...

 

160 Great Portland Street, London, W1W 5QA

 

 

JOgs

[MARTIN3030]

Ok but it will be Acknowledged by legal affairs with a request that all comms go there.

Thats what I was saying.....They missed their deadline with me for defence-I filed for Judgement but they had it set aside on account of it not going to right dept.

It added 3 weeks onto my settlement !!

 

I will pm you some info-theres reasons I dont want to post it here.

[MARTIN3030]

Jeez are you still here ???????

[MARTIN3030]

Anyway a good game expected later today...Leeds v Saints challenge cup ....will be on BBC.

[havinastella]

Not really a league man, I love my Union!

 

And I'm always here

 

 

JOgs

[what_todo]

i have had virgin phone net telly now for 6 months now. after reading whats been said the £5 for not paying via DD is a unfair charge.

 

does that give me grounds to end my conrat with virgin as i am, looking for a way out. Also, i was sent a paper conrat to signed but, it never got returned.