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Virgin Media, reclaiming late payment charges


MickKane
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Hi again, does this letter look ok for my first request for payment.

 

Dear Sir or Madam,

 

Re. Account number:

I am writing to request that you repay all the specify exactly as they appear on your statements. charges that have been applied to my account. I do not believe these charges reflect the true cost to Virgin Mediafor late payment fees or non direct debit and payment handling fees.

If you have reasons to say otherwise,then please supply me with a full breakdown as to how these are calculated,that will clearly demonstrate them to be a genuine pre-estimate of any loss incurred.

 

The charges total £532, plus as I believe I have been unlawfully deprived of the money *I have calculated £78.47 interest at the statutory rate, the amount the court will award.

Change to- In the event that this matter will go to litigation in the County Court,I will be asking the Court to award section 69 stat interest at 8%

together with an order for costs.

I therefore ask that you repay me the full amount of £610.47. I have attached a full schedule of the charges and interest with this document.

 

Pre action practice directions in the Civil Procedure rules,dictate that there should be adequate notice given before litigation,that allows for both sides to try to negotiate.I reserve the right to make copies of this letter and any subsequent response from yourselves,available to the Court at a later date.

 

I look forward for a full response to this letter within 14 days.

 

Yours faithfully,

 

thanks

Mick

Enc;Schedule of charges requested for repayment.

  • Haha 1

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Thanks Martin. I never knew I could also charge costs aswell. Can I ask what would be a reasonable amount to ask for if it does go to that stage, and also do you have to prove it cost that amount.

 

Thanks

 

Mick

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As a litigant in person you can charge £9.25 per hour.

Much depends on how much work you do-this obviously depends on how quickly they settle.

 

 

On VM settling you then add any further costs-which could include-allocation fee and hearing fee....if it gets that far.

 

If VM offer settlement before any hearing,add the costs that you have paid plus the total on your claim form including interest.

 

Its usual for them to file acknowledgement-and even a defence.

 

A wasted costs order can be filed after the main hearing.

 

It can look something like this;

 

 

Communications with defendant/drafting letters [email protected]£9.25 £18.50

 

Research of Civil procedure rules/drafting of claim form 2 @ £9.25 £18.50

 

Stationary/printing /photocopying £16.00

 

Filing claim at Court (Travelling to/from ) 1.00 @£9.25

Transport for above £6.50

 

Total £69.27

 

 

Wasted Costs orders can sometimes by accepted by letter to the Court-or they may require it to be done on notice-N244 which costs £75.00

 

I would send a copy of your wasted costs to VM legal if they indicate they want to settle-this will save further costs.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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  • 2 weeks later...

I have just spoken to Virgin Media regarding these charges , According to their drone they are quite legal and even she has to pay them , i aked for all my statements going back the last 6 years , knowing quite well what the response was going to be , the cost ! £2 per statement . I pointed out to her that the law states that the maximum charge is £10.00 , oh i am sorry was the drones reply each time i print a page it will add a charge to your account . Im wondering is it worth just annoying them and have them print all the statements out and post them to me then reclaiming the costs in the same way i would reclaim the £10.00 charge ?

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Not really, no. Unless you make the request specifically under the DPA, for which there is a maximum statutory charge of £10, they are quite entitled to charge what they want for copy statements. You need to send a SAR with the fee and then they can't by law charge you more than that. ;-)

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Hope this is going well for you Mick.

 

You've just reminded me, I must get back to VM for the non-DD fees. I've already got back my late payment fees from them for VM and Telewest.:)

 

I'm sure you will have your money back soon.

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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Hi just recieved a call from VM they said they will not be refunding any of the charges. I asked if they would be informing me of this in writing and they said no but would just give me a ref number. Just said that the charges are in there terms and conditions.

 

Hi Emma did you have to take them to court or did they pay up before.

 

Time for the LBA now. Is this the same as LBA for banks.

 

Thanks

 

Mick

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VM paid up well before court! I also twisted the knife in them a bit by emailing my complaints to the Chief Exec, Neil Berkett. Seemed to make them jump when "negotiations" stalled.

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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The full transcripts (minus names of VM employees and money amounts) are in Martin3030's VM reclaiming thread- just shout if you need anything else.

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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Hi I sent a email to Neil Berkett last night regarding my account and recieved a call from his office 2 mins ago. The woman I spoke to said that they were only willing to credit my account £60 which is 5x12 non d/d fees. I told her I would not agree to this as I am claiming approx £500. She just said fine but OFCOM are well aware of our charges and we left it at that. Said she would note the account that I had declined the offer.

 

Guess its got to go to court now.

 

Mick

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If you got the name of the person who rang or not I'd follow up with another email to Mr Berkett saying that you were sorry that the woman who rang from his office would not offer more than a derisory £60 and that as your claim is over £500 you obviously couldn't accept it.

 

I would also say that this leaves you no choice but to proceed to court with the matter. Understandably.

 

If you have not already sent your lba send it- direct to the Chief Execs office.

 

I liked to keep Mr Berkett informed everytime his "office" were nasty and obstructive- and some of them were downright officious as though it was their own money!

 

Good luck!

  • Haha 1

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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In that case just send the email- in my case that generated a new offer!

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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Hi sent them an email in reply to there final responce of a refund of £60 telling them that this is unacceptable and that I will be commencing court action.

 

I have just recieved an email from them from a James Mitchell as below

 

Thank you for you email to Neil Berkett, I will review this case and come back to you tomorrow with our final position in this matter.

Thanks for your continued patience in this matter

Regards James

so lets see what they come back with. I am willing to take it to court if needs be.

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Just had a call again from Virgin, said that the matter had been passed to there legal dept and I should hear from them early next week. Wonder if this will be my money or me taking them to court. They have till Wednesday before I send of my claim to court.

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You have to remember how many people threaten them with court action.Most dont follow it through and VM are aware of that.

I am just about to start my 3rd claim.

Theres non DD fees and late charges amounting to around £225.00

I did the prelim,then the Lba.

I recieved a fob off letter to my LBA.

I sent NB an email-to which he replied saying he would have it reviewed.Then got a letter to say they was standing by the decision-in the letter they pointed out that they told me last July that their terms and conditions were transparent......funny they seem to have forgotten that I took them to Court AFTER that in December!!!

I have emailed NB back to say I will be filing in 7 days.

 

So in answer to your question they are very unlikely to put anything in writing-they prefere to deal on the phone-I have refused to discuss it by phone as much as they have tried (11 calls in 2 weeks)

What I suggest you do is file the claim.Await their acknowledgement which will come.Their defence is often late.When you get to this stage-contact the VM legal team and ask if they want to settle whilst Court costs are marginal-by this time they KNOW you mean business.

So this does mean paying an issue fee-which is claimable on costs (your wasted costs)

But hopefully it wont get as far as paying the hearing fee.

Just my observations and opinions-of course you must do as your head tells you.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Don't forget what to say if they say they will pay you but cut you off- er no thanks, regulators look unkindly on companies who cut people off for complaining!

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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Recieved another email from them today as I sent a further email to them having not heard there final responce yet as I was told that I would hear it on Friday. Email below.

 

I have liaised with our legal team and as discussed with you on Tuesday with Dorothy, when customers fail to pay their bills on time or only pay part of their bill, the collection process inevitably starts. Whilst we're not obliged to give a breakdown of our business operating costs (including those of our collection process), we can assure you that the £10 late payment fee covers only the direct costs incurred by us in the collection process resulting from late payments. To help you understand the work involved with collecting late payments, here is a brief outline of what happens:

 

An account is overdue when payment is not made in full by the due date for payment. If full payment isn't received by the time the next month's bill is issued, the £10 late payment charge is applied to the next bill. The collections process has numerous steps including reminder and other letters being sent to customers. Calls are also made to customers by the collection team. If payment is not received during this process, restrictions will be placed on services followed by disconnection and account closure.

 

We've looked at your account and payment history over the last year and, as John in Customer care advised you, at no point have you cleared your bills in full, hence a £10 charge has been placed on each bill during this time.

 

During your conversation with Dorothy, she recommended that you pay by direct debit, but you stated the payment withdrawals wouldn't coincide with when your wages were paid in and this would in turn cause problems with your bank accounting. She therefore offered to have your bill date changed so that direct debit payments are collected from you at a more convenient time, but unfortunately you turned this solution down.

 

If you reconsider, and take up the bill date change option and pay by direct debit, We'll credit your account with £60 immediately to refund the £5 payment handling charges over the last 12 months. You'll of course also save yourself £5 a month in the future. However, as the payments you've made over the last year have never cleared your full outstanding balance, We regret the late payment charges must stand and can't be refunded.

 

Please let me know your decision at your earliest convenience

 

To which I replied declining of course. Can I ask how long does it normally take before they pay up. Plan on paying the fee tomorrow.

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