virgin mobile adding an extra 18months to my account

[Sphilli2004]

Hi all,

 

My first post, I appreciate the help.

 

I had an 18 month account with virgin mobile. I never missed a payment throughout the life of the contract and was more than happy with the service provided however. towards the end of my contract I called virgin to say I would not be staying with virgin as I was moving house and will not be able to afford the £30, they offered me a better deal etc but I declined.

My contract ended without debt and I moved house and got a pre pay sim with Orange.

Virgin contacted me 4 months later saying I owe them £600 for breach of contract as I had signed up for another 18 month contract. They stated that I was even sent a new phone. I asked where the phone was delivered to and who had authorised an extension. I was told that the postage for the phone was from an existing card they had of mine and the phone was delivered to my old address. (bearing in mind I had left the old house in december 2007 and the new contract was taken out at the old address in January 2008)

I think either the new tennant or someone who had access to my mail (we didn't arrange a redirection, we had an acquaintance collect it) had ordered the new phone and new number in my name, but linked to the original contract. I now have a default against me and Virgin are saying I am responsible because it is in my name. they also queried as to why the direct debit was still coming out of my account, and it was until I realised that the contract should have stopped, I called and virgin said it was an error and they will cancel it, however they received a call(not me) reinstating the DD a month later.

 

help.....

[citizenB]

You should write asking them to provide documentary evidence that it was you who signed for the new contract.

[Sphilli2004]

You should write asking them to provide documentary evidence that it was you who signed for the new contract.

 

I have but they haven't got any, they have said it was done over the phone. They are harassing me now though and I really don't know which way to turn

[citizenB]

I have but they haven't got any, they have said it was done over the phone. They are harassing me now though and I really don't know which way to turn

 

 

Then they should be able to provide a tape/transcript of the call.

 

They are going to have to PROVE that it was actually you who took out the contract.

 

Your letter to them should pretty much say, that you deny renewing the contract. To the contrary you actually advised that you did NOT want to renew.

 

give me a few minutes, there is a letter template somewhere.. I will go and find a link for you.

 

Okey dokey, here you go.

 

Do NOT sign the letter.. just print your name. At the very least send it recorded delivery (special delivery is better). Keep the postal receipt the post office will give you, clip it a copy of your letter.

 

Do not give in to temptation to phone these people. You now want everything in writing.

 

 

 

 

 

Dear Sirs,

 

You have contacted me regarding the account with the above reference number, which you claim is owed by me.

 

I would point out that I have no knowledge of any such debt being owed to Virgin Mobile

 

I are familiar with the Office of Fair Trading Debt Collection Guidance which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question.

 

I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

Yours faithfully

Edited January 22, 2009 by citizenB

[UnitedFront]

Hi, I'm really sorry to hijack, but I wonder if people could have a peek at my thread about a mobile contract in the Legal Section?? I really need to get this sorted for my learning disabled sister!

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/179542-phone-house-possible-fraudulent.html

 

Cheers.

UF

[Conniff]

I don't understand how there can be a bill if the direct debit is still being taken.

[Sphilli2004]

I have sent the following.

I draughted it myself so it doesn't look like a template that has been change.

 

 

23/01/09

 

To whom it concern,

 

REF: Mobile Number xxxxx xxxxxx

 

I have been chasing up a fraudulently obtained contract in my name for a while now. I have appealed to Virgin Mobile to investigate only to be told that the account was not fraudulently obtained. I would like to make it quite clear that I have NOT entered into a new contract after or during the time of my initial contract. I moved house in the early part of Dec 2007 from xxxxxxxxxxxxx, xxx xxx to xxxxxxxxxxxxx xxx xxx. I now know that a new contract was ordered after this time and all kit was delivered to the old address where I no longer lived, I therefore do not know the location of the phone or who ordered the phone and extended my contract. I stopped using my original contract around November time when the original contract expired. I have noticed however there were calls made after this time. Surely the most intelligent thing to do would be to phone the numbers called from this contract after November and ask them who the phone belongs to. I understand however that this may not be possible due to privacy laws though.

 

I feel I have been treated badly by Virgin mobile. You have treated me like I am being dishonest by saying this account was not fraudulently obtained, however if I did not order the new phone or contract then how on earth could it not have been fraudulently obtained.

 

I am therefore making a formal request for the S.A.R - (Subject Access Request) linked to my account, inclusive of all signed contracts and transcripts of calls.

As I did not apply for a new account I also request that any default notices or adverse comments your company has recorded on my credit reference file should be immediately removed.

 

Failure to respond favourably to this letter within seven (7) days of receipt will result in immediate litigation being commenced against your company without further notice.

 

For your information I have sent a duplicate of this letter to my solicitor.

 

Regards,

 

'

[Sphilli2004]

I have just noticed the bad grammar so I am going to change it

[citizenB]

Ummm, I dont think your letter will do the trick actually.

 

1. A Subject Access Request - they are legally obliged to provide you with information within 40 days. You will not be able to stipulate 7 days.

 

2:. There is a more structured format for a Subject Access Request. It isnt specific, but you have kind of gone into ramble mode above and you might not get the information you required. You need to identify what it is you want and ask for it specifically

 

3: A Subject Access Request must be accompanied by a legally required fee of £10.00.

 

Furthermore.

 

I dont think it is in your interest to volunteer information. You say the new contract was apparently set up using your old address. So why would you want to let them know at this stage of requesting information.. exactly when you moved ?.

 

If they were to come back and say.. oh this was done on such n such a date and the phone was sent on another such n such a date.. on top of which, I think it is a policy for mobile phones to be delivered by courier with a guaranteed signature. Who signed for it, you want that information. which can of course be obtained/requested via a SAR request.

 

If this was arranged over the phone then you want a phone record of the conversation. The person arranging the contract would have had to have given other contact numbers I would have thought or an email address.

 

You say Virgin advise the DD was reinstated, over the phone. On what date ?. A DD needs to be signed, I dont think it can just be done over the phone. Initial instructions can be given, but then the form comes in the post which needs to be returned. If the DD doesnt contain YOUR signature then someone is well in trouble, not least of all the bank.

 

Think carefully about your requirements, the questions you want to ask and how you want to go about getting the information your require.

[buzby]

er - not quite. There is NO LEGAL REQUIREMENT for a fee. Some firms will provide the information at no cost whatsoever. The £10 comes from the fact this is the maximum amount a firm can charge for supplying the data.

 

Next, DDs have not needed to be signed since 2004 when the rules were changed. You can effectively agree and by providing your details alone are said to have willingly 'signed' (as why would you provide these details otherwise) . Also many firms state that if you DO sign a form, the details will be 'sent electronically', this means your signature isn/-*t sent to the bank either.

 

For a DD that is cancelled, it can be reinstated on request up to 31 days without any requirement for it to be set up from scratch, it can be done either by the merchand OR customer. Unless the customer specifically instructs his bank to cancel the mandate outright.

Edited January 26, 2009 by buzby

[citizenB]

Thanks for correcting me on those points buzby. I have updated my information to ensure correct advice given in future.