Virgin late payment fees v Emma

[emmaf01]

I have read somewhere in the non-DD fee thread that the Virgin late payment fees can be reclaimed- is this true?

 

We have a good number of these and would rather appreciate getting them back!

 

As my bank reclaiming is on a go slow at the mo, this might be a bit of fun.

 

The non-DD fees seem a bit difficult but might be worth a chance.

 

Any ideas? And is it the usual SAR route?

[webbscatering]

Just adjust the S.A.R - (Subject Access Request) to suit who ever your chasing something like this:

 

Dear Sir/Madam

 

 

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

 

 

Please supply me with a complete list of transactions and charges relating to my account history with your organisation. Alternatively, a complete set of statements for that period will be acceptable.

 

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you.

 

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act subject access request fee.

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

 

 

 

Send to:

 

Virgin Media Legal Affairs

Bartley Wood Business Park

Hook

Hampshire

RG27 9UP

[emmaf01]

Thanks for that- I'm used to banks, and needed to check all was the same!

 

Let the fun begin.

[stikky62]

Subbing!

 

I set up call divert with virgin media 1 1/2 months ago and was definately told there were no extra charges. Today i find out it costs 11p/min when a call is diverted. Im bloody fuming because i've had every call diverted to Skype since i set up the divert so i could record all incoming calls incase any DCA's rang. I've been with Virgin for years and had lots of late payment charges.This call divert thing is the last straw,,im so mad right now :-x

 

Please keep us informed Emma as to how you go about claiming these back.(what to write etc etc)

Thanks

[havinastella]

look here

 

http://www.consumeractiongroup.co.uk/forum/telecoms-mobile-fixed/147548-havinastella-virgin-media.html?highlight=havinastella

 

Webbs, did you have a POC for these twats?

[emmaf01]

I'm sticking to the late payment charges- the non-dd fees I'm not as confident about, though apparently the retentions department can get rid if they get worried you'll chuck them because of them!

[emmaf01]

Great- due to a delay- this is my husband's account and though I gave him the letter, printed, to sign and send, he didn't- this only got sent today.

 

But now it is sent. Sit back and wait for the post time.

[emmaf01]

Well we have the result of the S.A.R - (Subject Access Request) and it seems to be partially useless and inaccurate. We have a list of computer print outs of the account input logs- the notes put into the system when we phone with a query (or a technical difficulty). Then we have a few sheets of account balances (for the Telewest era) with no charges logged(even though we had them) and then some partial bill printouts from the virgin era but with what we suspect is a large amount of the late payment charges missing.

 

For many months we know we got stuck one months behind with payment- we know we incurred loads of these charges. But not if you look at these printouts.

 

Also in the covering letter, they ask for clarification for what we mean by manual intervention, so they can provide info?

[stikky62]

Sounds very similiar to what they sent me Emma

[emmaf01]

What d I do- send them a letter saying they haven't complied with the SAR. Ask them for a full list of account charges going back to the start of the account in 2003 and explaining manual intervention?

[stikky62]

I sent off another letter (here) saying they hadn't fully complied with the s.a.r and to provide the missing information ~ and they had another 30 days left to do so.

As for the manual intervention bit, i just ignored that because im not too sure what it meant either

[emmaf01]

I know it involves a human having to write a letter or ring, rather than the usual computer generated dross.

 

I just want a full list of all charges levied on the account. I'll ask for that in my letter. And refer them to the DPA definition of manual intervention, perhaps?

[havinastella]

Emma, you need to use this

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

 

And then, you need to do this

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/49571-havinastella-lloyds-tsb-3.html?highlight=havinastella#post1592782

 

 

Don't pussyfoot about, stick to your timescale and hit them with a N1 everytime.

 

JOgs

[emmaf01]

I got a response to my DPA non-compliance letter today. Along with a list of abbreviations used, I got this letter-

 

"In relation to your billing, we have provided you with all the information we hold on our billing system, whilst we appreciate this may not be the exact information you require this is all the information we hold and thus can provide.

 

Manual intervention is not a term used within Virgin Media, however I can confirm that when a Virgin Media employee makes any adjustments to any accounts, this is recorded within the account notes which have already been provided to you."

 

So the only records for the first seven months of our account history are a date and a balance each month?

 

And didn't they suddenly understand what manual intervention is?

 

So, do I go straight for the charges we already have proof of, or fight to see if there are a couple more?

[locutus]

So, do I go straight for the charges we already have proof of, or fight to see if there are a couple more?

 

Now I'm no great legal mind, so bare with my whilst I ask what may be a silly question... Can you not do both? N1 now for the charges you know about then N1 again? You're going to get your court fee's back anyway so no great loss... OR has my 4:15am mind totally wandered (and it's 2 small to be out alone at this time!!)

[emmaf01]

I know what you mean- I thought I might play them at their own game.

 

Virgin say that for £2 per bill I can have copies of the bills. So, for the period I want, I will ask for copies of the bills. Can I then claim this back during a claim as this is the ONLY way I will be able to get the information I need? Unfortunately takes 90 days, so I'll have to do this in a second segment.

 

Because I'm doing the prelim today!

[locutus]

I'd be trying this,

1st N1 filed with information that you know about.

 

Then send a letter saying "I do not consider my S.A.R - (Subject Access Request) as fulfilled, I require x information from x period. If that is unavailable I will accept copies of my bills instead, I understand you normally charge £2 per bill but as this is not the information I requested it is contrary to the data protection act 1998 for you to charge me."

[stikky62]

I must be dense.

 

If they have copies of the bills for the period you want, then they MUST have the info you asked for in the S.A.R ~ list of charges...right?

 

In one of the letters they've sent me, they stated "The itemised bills before December 2003 are no longer available"

The period they say they dont hold the s.a.r info for me is nearly 18 months worth from 07/06/2002 to 20/12/2003 (Does ur missing 7 months lie in that time period Emma?) ...though they did provide it for me from Dec 1996 up to June 2002.

 

I'm wondering if i should ring them and see if they have copies of bills for my missing period now.

[emmaf01]

The latest responses-

First we got a letter last week confirming they had supplied everything they had for the SAR.

 

Today we had the response tot the prelim-

 

Blah, Blah, re- your letter, sorry if you are not happy....

 

If regular payments are not maintained, late payment charges of £10 per bill will be applied. This is contained in our terms and conditions as follows:

 

F Paying for you services

 

31. You must ensure that your payments are received by Virgin Media Payments by the due date for payment shown on your bill. If you do not pay your bills on time, you will be liable to interest or other charges on your default.

 

These charges are therefore correct and chargeable.

 

I understand that ****************** contacted you at the beginning of this week concerning the provision of your SAR.

 

I understand that this is not the outcome for which you had hoped, However I do not believe Virgin Media have mishandled our case and as such I have now deadlocked your complaint. I confirm that this is Virgin Media's final decision in this matter and will not address any further issues or requests in relation to this complaint.

 

If you wish to have your complaint case reviewed independently, you may do this by contacting CISAS on **************.

 

Yours sincerely, ************

 

Any thoughts? Do I just wait and send the LBA next week as usual?

[locutus]

99% of the advice I've seen on waiting vrs sending now is "stick to your timescales, not theirs"

[emmaf01]

To true, locustus.

 

And their comment that after one letter the complaint is "deadlocked" won't look good to a judge.

[emmaf01]

So after an email to Mr Berkett, they have rung.

 

We have spoken to them twice today. The first time they offered us about a third of the amount as a goodwill gesture. We declined.

 

Then they came back with an offer of the full amount, but they would close our account. Anyone who can get BT and Sky to start up a new account in less than a month would be a miracle worker! So we would be left in the lurch. So we declined, stating we were not unhappy with VM service, just their charges. (we have however looked into the costs of doing this already, just in case). We asked for this in writing so we could report them to the OFT, etc, at which point the conversation broke down, and we were passed to a higher authority.

 

So then I was put on to a team leader (very nice person), who "discussed" the situation for a bit. The sticking point is if they refund now, what to do about any charges which may be incurred in the future. As we are paid four-weekly, our monthly billing date is sometimes unhelpful(?). So he has gone away to look at what he can do, and check if there are any more charges he can refund (?)

 

I'll be back if and when I hear of anything.