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lemon_martini2

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Everything posted by lemon_martini2

  1. We have a happy update- the second claim that was served at the Reading main office apparently has been paid in full today! On the other matters,I rang the number and there is just a message saying 'It has not been possible to connect you to this number.If you have dialled correctly,this number is not registered to a network'. And it was indeed your good self who recommended I make a complaint through the ICO's website way back in October in post 3-they have until March 11 to respond to that.
  2. Credit file: One account(showing balance of £0 due) for main line showing missed payments from December 2020 (when the contract itself was terminated in August 2020). One account(showing loan of £204 due) for second line showing as being in default since November 2020. As a result of these my credit score has gone down-this is due directly to these two accounts which showed on my credit report as a 'negative factor' Credit disadvantage: When my Virgin contract ended, I attempted to take up a new contract with another company. I was prevented from doing so at Vodafone as they required a deposit of £150, plus I would not be entitled to the free handset, but would have had to pay £179 for it and the monthly payments would be increasd. I was able to take out a handset at Three, but again instead of being entitled to it free, I had to pay £189 for it. I will check carefully to estimate the amount of time involved-I have queries going back to October 2019 attempting to deal with this. I have also received from Virgin another letter giving me the password to unlock the files they sent me(shame it doesn't actually work) and a second email again confirming they will erase my data unless they have to keep it. I'm wondering if they're planning to use that email as their response for the ICO where he gave them until March 11 to either tell me what they are going to do to put things right or explain why they believe they have met their data protection obligations'?
  3. Sent Friday morning 26/2 as that was the day after their previous 14 days expired, so their 7 days expires on 5/3.
  4. The warrants have been issued, they still have not actually been carried out. The disclosure of the SAR appears to refers to both numbers including the mystery handset and is incomplete. I did receive this email today from Virgin-not sure what they're trying to say here- will the data be erased from credit reports?will the outstanding amount they claim is due be erased?will all details about this second handset be erased? And I didn't actually request them to erase my data-I informed them as I was no longer their customer,they did not have the right to process it without my consent. Thanks for getting in touch with us about your Data Subject Rights request, which we received on <17/02/2021>. Your data privacy is something we take seriously, and our team are here to help. You asked us to erase your data. We’ll erase everything we can however there is some data we must keep for regulatory or legal reasons (e.g. financial obligations), even once you’ve left us. This will only be retained by Virgin Media for the minimum period required. We’ll no longer contact you unless we’re legally obliged to do so. This may take up to 28 days to come into effect.
  5. Separating out the strands: *CLAIM 1-Moneyclaim for £302. submitted 21/11-judgment obtained 15/12-warrant executed 18/1 *CLAIM 2-Moneyclaim for £302. submitted 15/1-judgment obtained 6/2-warrant executed 23/2 *CLAIM 3-letter before claim sent on 11/2 demanding £620 compensation and full data files as mentioned in post 131-14 days to reply-that deadline expires tomorrow. *SAR for phantom 2nd line sent 11/1- currently checking to see what is in the files as it appears that the data for the two numbers has been interlinked. *The original offer of £500 compensation was referred to in posts 44 and 45- it began as £250 which I rejected, then went up to £500. This included the cost of the handset,the payments already paid and court costs.There was no mention of compensation or that my credit files would be made good so I stated I would not accept it until these were concluded.That offer was then changed to £500 including the cost of the handset,the payments already paid and court costs, but from that I would have to pay back the cost of the handset and the payments already paid. *After I rejected this offer,I was told I would be able to take my complaint to the FOS(which I have in writing) and that they would send an ADR form which would arrive in 2-3 business days. This was on 24/1 so we are now at 30 days later. This was mentioned in post 115 and I also have it in the chat logs. Their rationale seems to be that until I complete that form, I have not gone through their internal complaints procedure which I must do before I can take legal action *I have multiple incidences-in chat logs,letters-of Virgin stating categorically 'We have a signed agreement'.
  6. There were three points that leapt out from what they've sent. One is that the original offer WAS changed by them-it was £500 plus removal of all data,closure of all accounts and the handset costs to be removed-this was then changed to £500 and I would still be responsible for the account and the cost of the handset which was why I refused it. Interestingly I was told regardless of my decision, the information for the Financial Ombdusman would be sent to me-another thing that has failed to materialize Two is that they state categorically 'we have a signed contract' and yet there is still no sign at all of the one piece of paper that would prove their case for them. I'm putting it in the same category as Nessie and the Yeti in terms of existence.. Three is that the ADR they told me I would be sent in 2-3 business days has now reached 30 days without any sign of it- are there any penalties for failing to supply this? And whilst there was no mention of the claims or judgments, they did state in the chat logs that I could not take legal action until I had received the ADR. It's almost a pity that I've gone ahead and done that.
  7. OK here's we are so far-second warrant has been paid and sent for using the 500 Brook Drive address in Reading (that's what's given as their head office). According to the Warrant Hub, as there's a new warrant out using the Reading address, the existing one can simply be transferred over from the Sunderland one without having to do an N445. And finally Virgin have sent over files with a password. It looks like there's more in here- there's at least 9 calls and they all seem to be complete, so I shall peruse them to see what's there and just as importantly what's missing.
  8. So apparently the nice big building at Sunderland has no-one there at the moment-it's just being used as a storage for their vans.Although they have many different departments all over the place registered at Companies House,the bailiffs have recommended going with their address at 500 Brook Drive Reading as that's listed as their head office and where their finance department is so there will be someone who is physically present and has (supposedly) access and authority to get to some sort of money or goods when they turn up-it can be reissued for free but I'm not quite sure how to do that-apparently it needs a Form N445? Meanwhile Virgin have sent more files which appear to be incomplete-certainly some are showing as not updated since 17/12/2020 but there is no way of seeing what has been added or amended to those that been have changed in January since once more they haven't sent the password and I'm being told since the number is no longer on their network they cannot send it...
  9. OK I've been in touch with Sunderland County Court and I'll have to get back in touch with them tomorrow to speak to the bailiff in person . What I've been told is that it isn't simply a 'not known at this address' because they've moved or the address given was incorrect in which case it would have to be redone completely. Apparently, there's another company they deal with regularly where the SR43 postcode doesn't exist, it's just a maildrop, so any court business automatically gets reissued to a specific address where there is a physical building and they think that's what we might have to do here. Apparently they can't just register a web of half a dozen different mailbox address for different departments so that the customer has to play roulette to find out which one is the 'correct' one, or that in fact none of them are. There has to be some location where papers can be filed, documents served etc. I'll see tomorrow what the bailiffs are able to do-if it's simply a matter of a different address in the same location, they may be able to amend it given that it was the company itself that supplied the incorrect information. Meanwhile, they are living up to their usual high standards. This morning I received an email stating that my SAR had been received on 25/1. Which is not only two weeks after it was actually received, but contradicts their email of 4/2 stating it had been received on 1/2....
  10. The address I used for all complaints,letters of claim etc. was Complaints Department, Virgin Media, Sunderland SR43 4AA. That's the address quoted in their Consumer Complaints Code of Practice.
  11. It is indeed the same address that I have used all the time for claim papers and SARs. Just to confirm,this is the warrant for the first claim that has come back-issued on 18/1- it seems that this is the 'final return' that appeared on the Moneyclaim site for this warrant on 9/2.
  12. Letter of claim sent. However, it seems we have another hitch- I have received a rather badly typed note from the court stating that the warrant has not been executed as it is 'generally unenforceable-address does not exist'. This is the address that is given by Virgin on their site as their Complaints Department.
  13. Well that last post was rather timely as I received an email today from the ICO about my complaint. According to them 'If they have not done so already, we expect Virgin Media to fully address your complaint by telling you what they are going to do to put things right or if they believe they have met their data protection obligations by explaining how they have done so. We expect them to contact you within 30 days' So the clock is ticking on that too for Virgin...
  14. We now have a judgment gone through! So the state of play is: Claim 1-JUDGMENT ISSUED(£302)- being dealt with by Sunderland Crown Court bailiffs. According to moneyclaim, the 'final return result' (whatever that might be) went through today Claim 2-JUDGMENT ISSUED(£225)- judgment issued today, warrant applied for. SAR request for mystery line-deadline expires on Thursday-if no reply I shall put in a further claim as they have still not complied with the request within the timeline specified by law. I wonder how many CCJ's they are going to collect on this? Is it going to be a perpetual cycle of submit SAR,no reply,submit claim,no reply,get judgment,no reply,send bailiffs in?
  15. Applied for judgment on Saturday and Sunday and this morning-as before, it's saying I can't yet as the required number of days have not yet passed. I shall still keep trying until moneyclaim says it's good to go through.
  16. I can also see two more scenarios which given their performance so far seem very likely: They reply and state that they have already supplied all the information for this They simply don't bother to reply at all. Presumably in either of these cases, we then tailor the action we take accordingly.
  17. First CCJ remains unpaid-as of yesterday it is now in the hands of Sunderland Crown Court bailiffs. Second claim remains unpaid-on 6/2 I shall be able to get a judgment on it if no reply. So if no reply by Saturday they will have racked up two unpaid CCJ's and still not complied with the SAR request.
  18. Email from Virgin today- they have received the SAR(for the mystery handset)on 1/2 and will respond to it within one month. Since it was sent to them on 11/1, that's almost a three-week gap. I wouldn't be surprised if they have just realized it will nearly be expired and have claimed just to have got it in order to buy more time .
  19. I've just spoken to Sunderland Crown Court-if nothing is heard by tomorrow(and they haven't replied to three letters from the Crown Court and two from the warrant hub) then the bailiffs go in The only problem they have intimated at is that they may not be able to go into the premises(especially if it's a business) because of Covid, but I shall leave that for them to sort out themselves. I wonder if having the bailiffs come in on one warrant will jog someone's brain to check and make sure that there's no more outstanding ones coming up that should be dealt with!
  20. I was awaiting something too...they promised to send a form for Alternative Dispute Resolution. Perhaps it's spending lockdown in a box that no-one can get to as it certainly hasnt appeared here. The timeline is: Wed 3 Feb Bailiffs to be sent in if no reply(!) Sat 6 Feb Judgment can be obtained on second claim if no reply Thu 11 Feb 1 month time frame on SAR request for second handset becomes due. It says something about their laxity that seemingly no-one has noticed that they have one CCJ that has not been paid and one due for judgment or taken any notice of letters sent by a Crown Court...
  21. I have been in touch with Sunderland County Court- Virgin have ignored two demand letters from and the third and final one has been sent(seems rather generous of them to give them three chances...) If there is no reply,bailiffs will be sent in on 3 February. The second claim will become due on 6 February-if I get a judgment on that I will get the bailiffs straight onto that one too. Do you know if the court can combine the judgments into one amount for the bailiffs or if they have to be executed separately?
  22. Well, as Judge Judy would say-they don't know if they're afoot or horseback. Virgin called this morning with a new bod(Paul at the Executive Office) who has taken over dealing with my complaint. * He wanted to check that as my complaint was about a SAR and as this information now been received, was I satisfied for him to mark it as resolved and close the complaint? Definitely not. *He stated that what I had received on 24/12was everything they had.If they had not sent it,they did not have it and so they had fulfilled the request's demands to supply 'everything they had'. *He stated he would put in one more request,but it was extremely likely all I would receive was exactly the same as was sent on 24/12. After that, further requests would be refused and the complaint would be closed. If I was unhappy with this, I would have to take it up with the Financial Ombudsman. Here's where we have an interesting twist: *He asked whether I had accepted Stuart's offer of 6/12 for £500 (composed of £204[handset],£18[money taken out],£25[cost of the claim],£200[value of the claim] and the remaining £53[compensation]). -If I accepted it, the £500 would be credited to my bank account. From that I would then have to pay back the £204 for the handset and the £18 repayment of money paid back, leaving me with just £278.Until the money was paid back,it would be passed onto a debt collection agency and continue to show on my credit file as an outstanding debt. -If I rejected it, the complaint would be closed immediately. As this would be significantly altering the offer, I demanded that if that is Virgin's amended offer, that it be put in writing immediately. Also according to him, there was no further notes or action to be taken this complaint-meaning that they appear to be in blissful ignorance that they have one claim currently being processed and one that has had a CCJ issued and bailiffs instructed to pursue it. I certainly am not about to enlighten them.
  23. Yes-the outstanding SAR is for the second(and first) claims. The third SAR for the mystery number was sent on 11/1 and so far no reply.
  24. Just a quick update to keep everyone informed-I received confirmation today that a)Warrant on 1st unpaid claim has issued on 18/1 and sent for execution to Sunderland County Court (the nearest one to Virgin's complaints address) b)2nd claim issued on 18/1, will be deemed served on 23/1 and Virgin has until 6/2 to reply. SAR remains outstanding as it has not been properly and fully supplied and I have heard nothing from Virgin since 8/1.
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