Virgin Media default

[sutton6344]

Hi all,

 

I'm lookingto get a default from Virgin Media removed from my credit file.

 

I sent CCA in September 2007, I have only just recieved a telephone call last week after emailing their CEO and copying in Information Commissioners Office, OFT, Trading Standards, I've sent copies of letters to CEO's office!

 

I would appreciate any advice to get this removed from my credit file.

 

Thanks

[sutton6344]

I have just recieved a reply(it's only taken6 months)

 

I made a CCA request and they replied that if I am disputing the debt I need to send five utility bills from 2005.

 

Obviously Im not going to provide this even if I could, just sent them another letter to reread my original letter.

[Fully_charged]

Send any letters recorded delivery.Did you have any late payment charges on the account?.

[sutton6344]

Yes I've sent all letters recorded delivery..................

 

I don't know if there's any late payment charges as they haven't responded to the CCA request.

 

This will be irrelevant if the advice in this thread is accurate.

 

I have emailed the CRA's and it's fingers crossed time.........

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/134340-default-credit-file-only.html

[Fully_charged]

My thought is CRA's cannot remove any information from your credit file, they merely store information.

 

The reason I ask you about the charges is because if you plan to go to court then you are better of tying in the default removal with refund of charges similar to bank charges. My personal experience is that the judges are a bit stuck themselves when it comes to default removal.

[The GodMother]

A cca DOES NOT comply to telephone, mobile or fixed, internet or tv contracts.

 

even tho when VM do deafult you they say it is under the consumer credit act 0f 1974 non of this applies.

 

Check out my VM thread for anything you want to know about this as i have a thing with them ATM

 

Virgin Media.

[sutton6344]

Hi Godmother,

 

I've just read your thread.

 

Hope you get it sorted.

[fergal71]

hi incase anyone still reading I am in same boat except default cost me significantly, has since been removed but i am claiming for damaged cause.

 

if they are not covered under cca what legal right do they have to place defaults on credit file????? I can still find no answers????

[locutus]

You gave them permission to record how the account ran when you signed up with them. This is not a "credit default" but rather you are "in default of your agreement to pay for your services", even though it does effect your credit rating in exactly the same way.

 

The "Consumer credit act" deals with credit (the sale of money) contracts not service contracts.

 

If the information is wrong they need to rectify this as soon as you notify them.

[sutton6344]

You gave them permission to record how the account ran when you signed up with them. This is not a "credit default" but rather you are "in default of your agreement to pay for your services", even though it does effect your credit rating in exactly the same way.

 

 

But they did remove my default as well when I challenged them about it, but only after it had cost me significantly.

 

I must admit, Ive considered taking them to task about it as well but not sure the best way to do it.

[locutus]

If all the information on your account was correct, you have done a very good job, and also had a degree of luck IMHO! They will have done this "as a goodwill gesture" (and probably because it was going to cost them more to go to defend keeping the default on your credit file) which leaves little if any recourse for you to take. They can still argue "we were in the right, but decided to remove it as a geture of goodwill".

[sutton6344]

I requested that they provide me with a true copy of the alleged agreement they referred to.

 

I continued that this is my right as they were obligated to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit).

 

They couldn't provide the agreement, therefore how could they argue I gave them permission?

[locutus]

The agreement is not regulated by the customer credit act... where do you get "fixed sum credit" with a mobile or phone or broadband?

 

Credit is the sale of money, so it regulates loans that you pay interest on, not a mobile tarrif.

Edited November 15, 2009 by locutus

[fergal71]

all ths info seems very wishy washy....

 

There must be a law that states they are aloud to register defaults my account was in dispute yet they registered default... my bill changed 5 times even though I no longer had services... I am sure data protection act is my way to go for this as I have even had ICO letter stating that only serious defaults should be registered, and as they removed it it is likely they were in the wrong.... I am in court very soon and I am just preparing evidence... any help would be great... I am sure they should not be allowed to do this...and if they are then they should follow some kind of protocol to make you aware of their intentions and they damage of those actions.

[locutus]

You agree with the contract that they can report to the credit reference agencies. If they have reported your payment history correctly then what law do you think they've broken? The ICO will be referring to a financial default that is CCA registered. I agree there should be more to protect people against this but as it stands, providing they have only reported correct information I don't see what action you can take.

 

The way forward is to get service from someone who doesn't report to the CRAs

[fergal71]

so without warning with little cost to themselves they can report info on credit file which has the same detrimental effect on a person for 6 years same as CCJ. this could be for a small amount of money ie 1 months tv/phone bill..... Hi locotus do you work for Virgin media by any chance????

 

this has got to be in breach of data protection act which everybody is regulated by?

[locutus]

so without warning with little cost to themselves they can report info on credit file which has the same detrimental effect on a person for 6 years same as CCJ. this could be for a small amount of money ie 1 months tv/phone bill..... I agree 100% that it's wrong, but my point is unfortunatly it's not illegal Hi locotus do you work for Virgin media by any chance???? No i don't work for VM (although I have worked for BT, o2 and T-Mobile)

this has got to be in breach of data protection act which everybody is regulated by? Why? You agreed they could do it!

I agree it's wrong to have a worse credit rating for 6 years through a small sum of a mobile phone or telecoms contract, but that is how they twist peoples arms to pay on time... if you don't you'll end up paying more for any borrowings for the next 6 years!

[The GodMother]

Locutus.

 

You have said My OH gave them permssion to record how the account ran.

 

Where do u think My OH and i stand on our arguement they have lost our money but refusing to accept this and now have 2 dcasafter us in 2 years since there mistake.

 

They have been provided the evidence of bank statements and letters from the bank but they wont accept its there fault just says we have to pay.

[locutus]

1st let me say I'm no expert on how to move forward if you choose to take it to court. I've worked for telecoms companies in customer service and most of what they trained us was rubbish so with a little research this is what I've come up with.

 

My take on it is, If they report things accurately you have no comeback, you may get them to remove adverse data as a "gesture of goodwill".

 

If they made a mistake, and you can quantify your loss, (higher interest rates on borrowings, bank charges etc...) you stand a good chance of taking it through the courts. You know yourself though the court route is not guaranteed.

 

If they made a mistake and you just want the info ammending/putting straight, I'd personally before talking court action try their complaints procedures. As you took telephone service from them, I'd sugest writing to them, telling them exactly what you want from them, and if they cannot provide this to send you a DEADLOCK letter along with a copy of their code of practice. You will find their code of practice online. That tells you how to complaint to an Alternative Dispute Resolution if you are not happy with their final response.