Default from Virgin Media (EX-NTL Telewest) and Moorcroft Debt Recovery

[JudoStu]

Hello all, it's my first post so please bare with me (it's a long post). Very glad I found this site it's full of invaluable advice

 

Right, my problem.

 

I used to have an NTL account (broadband & telephone) back in late 2002, which I admit I fell into difficulties paying and as such the debt was passed over to Moorcroft.

 

I have checked my credit file recently and a few things concern me. Firstly there is a default against the Virgin/NTL account on my file, I don't ever recall receiving a default notice? Secondly, the default date is 08/2002, but according to my file the start date of the account is 20/09/2002? How can I get a default before the account is even started?

 

I phoned Virgin this morning to ask them about this problem and they said I would need to call Moorcroft and ask them as it would have been them applying the default. If that's the case why is the default against the Virgin account and not one called "Moorcroft" or something similar, especially if they purchased the debt?

 

I believe that I should be able to get this default removed from my credit file as I never (remember) received a default notice, also because of the erroneous dates detailed above. I've been reading through this site and I also believe I can request a copy of the credit agreement, which if Moorcroft can't produce the default couldn't be applied, am I right in my thinking?

 

Many thanks for taking the time to read my longish post. I hope someone more experienced can shed some light on my best path forward.

 

Thanks,

JudoStu

[freakyleaky]

One of the things you could do is ask them, in writing, to produce the default notice letter, and also ask for a copy of the original signed contract. Below is a draft letter you could use. Just adapt it to your own needs. And never sign anything you send to them:-

 

 

 

 

 

 

Dear Sir or Madam

 

Account number - xxxxxxxxxx

 

 

After recently obtaining a copy of my credit file from Experian I was concerned to note that your company has placed a "Default" notice against my account.

 

 

Further to this I have no recollection of ever receiving such a notice, and I therefore require you to substantiate this data at your earliest convenience.

 

1 You must supply me with a signed true and certified copy of the original default notice

 

2 Any deed of assignment if the debt was sold on

I would request that this data is provided to myself within the next 28 days, if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated.

Yours faithfully

[mnrbig]

As far as I am aware, sending NTL/Telewest/Virgin Media a CCA request is pointless. They fall outside of the CCA and as such the agreements are not regulated by it. I am actually unsure as to how to go about getting it removed. Ask them politely maybe.

[freakyleaky]

Yes appologies. You are quite right they doesn't fall within the CCA.

 

I have edited my post.

[JudoStu]

Thanks for the replies and info.

 

It was my understanding that if they (Virgin or Moorcroft) aren't regulated by the CCA, they can't even issue a default in the first place?

 

Is this correct?

 

Also, would I be sending the letter requesting proof of the default to Virgin or Moorcroft?

 

Thanks again.

[mnrbig]

You would think so, VM/NTL/Telewest apparently has a different set of defaults. They are not CCA defaults.

[JudoStu]

Well that's worrying, considering anybody else wouldn't know it's a "different" set or type of default.

[fergal71]

what law or governance do they obey?????

[The GodMother]

fergal this thread is over a year old.

 

Anyway for anyone that does read this thread they send u a deafult notice under the consumer credit act.

 

I do have a thread in regards to VM with a copy of a DN on.