cupcake68 Vs Virgin **DISCONTINUED**

[cupcake68]

Cheers Cerberusalert!

 

Just checking!

 

Cupcake

Edited July 27, 2010 by cupcake68

[cupcake68]

Hi Folks

 

Have been out all day, just got home to a postcard delivered by the postman - from AEGIS!!!!!!!!!!!!!

 

So now the postman knows I have AEGIS calling on saturday between 8am and 9pm!!!

 

I have not got round to reporting them for getting this company onto me but I will be doing so tomorrow.

 

Should I also send the letter to Virgin re no calls to my home? I can't write to AEGIS as they are in Mumbai but I could phone them as they have put their number on the postcard!!!!!!!!!!!!!!!! (Joking! of course I won't be calling)

 

I am slightly concerned about this as my mother in law is here all day Saturday and she has no idea of all this!

 

Any advice gratefully received.

 

Esile

[cerberusalert]

Should I also send the letter to Virgin re no calls to my home?

Yes

 

When you make your complaint mention Aegis too as they are not registered in the UK, they have no right to chase you & Virgin should not have breached the data protection act by supplying your information to them.

[supasnooper]

Hi there,

 

I would bet on Aegis will be calling on the phone and not personally at your front door, so don't be rushing out to buy the chocolate digestives for them.

 

If they do call, tell them you will take them to court for harrassment and not to call again...............or you could tell them to get lost and not to bother you again.

 

Both have served me well.

[cupcake68]

Thank you!

 

Can I just ask? I think I may have missed something!

 

Am I complaining to OFT and FSA about Virgin and Aegis? I thought I was just complaining about Virgin using Aegis!

 

When I call theses people do they understand what I'm on about? Do I have to explain the situation with the account to them?

 

Thanks again

 

Esile

[cerberusalert]

The OFT & the Information Commissioners Office.

[cupcake68]

Sorry!

 

The OFT and ICO.

 

Am I complaining about them both ie Virgin and AEGIS?

 

Esile

[cupcake68]

I have just spoken to the OFT and they weren't interested as it is a financial issue. They advised me to try TS, ICO and FSA!

 

Esile

[cupcake68]

Having spent 16 mins in a queue apparently they cannot help me either!

 

They are suggesting the Financial Ombudsman?!

 

Any ideas?

 

Thanks

 

Esile

[cupcake68]

OK

 

Getting somewhere now!

 

My first call was put through to consumer direct (don't try them!) they cannot help. You need to call 0845 722 44 99 and select option 4.

 

They advised me to put it in writing with all evidence.

 

I am going to email them now!

 

Esile

[cupcake68]

So....!

 

I can email my complaint through to the OFT which I am doing today.

 

As far as the ICO is concerned, they cannot help! Should I do any more?

 

Esile

[cupcake68]

Here it is!

 

Finally a copy of my agreement!

 

Unfortunately I can't really see anything wrong with it (not that I am an expert!) the only thing is...

 

Their covering letter admits it is a bad copy. If they had the original why would the copy be bad?

 

Please help me out on this one - it is a big one and the interest and repayments are huge each month!!

 

Thanks

 

CC68

[Dinkjames]

If they had the original why would the copy be bad?

 

Because they don't have the original?

 

Can you post up what you have received, minus all the personal details?

 

My understanding is that an agreement has to be ligible in order to be enforceable.

[cupcake68]

ME VIRGIN CCA rec 130609 pictures by cupcake62 - Photobucket

 

DUH!!

[Dinkjames]

Can't make out much on there. Sorry (or is that a good thing) I am looking at this ME VIRGIN CCA rec 130609 :: ME VIRGIN CCA Rec 130609 p2 side 1 picture by cupcake62 - Photobucket

 

First comments though. It is an application form, so it is unlikely to have a defined credit limit, it may not have set interest rate and only an indicative APR. Interest rates are normally set after credit scoring.

 

Check if those two items are on the copy you have. If not, then in all likelyhood it is unenforceable.

[cupcake68]

Hi DJ

 

I have had a look and can't see any mention of credit limit but it does say if your application is approved we will transfer all or part of the balance requested subject to your credit limit. Implying they have not decided my limit yet!

 

It does have an APR section in the terms and conditions but the initial interest was 0%

 

CC68

[Dinkjames]

I would think that it is unenforceable as it states that IF you application is approved, confirming that it is only an application.

 

Is there any indication of what happens when the initial interest rate of 0% expires?

 

I would wait for someone with more experience to come along and confirm that it is unenforceable, than just taking my opinion on the matter.

[cupcake68]

OK Thanks for your advice!

 

I will wait to see if someone else has any comment to make.

 

Just had another read through and the small print at the bottom of the page starts with "Before signing this agreement you must read section 11 in the terms and conditions provided. You agree that we may process, use, record and disclose your personal information as described in section 11. We will use our automated credit scoring system when assessing your application" blah blah blah then at the end it says "I have recieved a copy of and agree to be bound by, the Virgin Credit Card terms and conditions and I understand that I am responsible for paying any balance due on my credit card account"

 

First point there are only 3 points to the terms and conditions on the page and they are quoting section 11. 2nd point they are admitting they have yet to process my application. 3rd point does that make it sound like there are more t and c's not on the page?

 

Anyone?

 

CC68

Edited June 13, 2009 by cupcake68

[diddydicky]

Because they don't have the original?

 

Can you post up what you have received, minus all the personal details?

 

My understanding is that an agreement has to be ligible in order to be enforceable.

 

it has to be "easily legible" if it is not then write back and poin this out and tell them they are in default until such time as they send you an Easily legible document

[diddydicky]

ME VIRGIN CCA rec 130609 pictures by cupcake62 - Photobucket

 

DUH!!

 

is also headed "credit agreement regulated by etc etc "

 

if it is a credit card it HAS to say

 

"credit CARD agreement etc etc"

 

immediately improperly executed

[cupcake68]

But I can just about read it all!??

[diddydicky]

and it looks like a cut and paste jobby

[cupcake68]

YAY!

 

Thanks DD!

 

That's so what I wanted to hear!!

 

Should I ask for another copy or just sit back and wait to see if they send a DN?

 

Thanks

 

CC68

[cupcake68]

Does it?

[diddydicky]

YAY!

 

Thanks DD!

 

That's so what I wanted to hear!!

 

Should I ask for another copy or just sit back and wait to see if they send a DN?

 

Thanks

 

CC68

 

send them this

 

fill in the dates to suit your circumstances

 

 

XXXXX 2009

 

Dear sir/madam

 

Re your Ref XXXXXXXXXXXXXXx969 Account In Dispute

 

I refer to my CCA request of xxxxxxx 2009

 

I must now write to you as follows:-.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On*xxxxxxxx 2009*I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. The time limit for you to comply was xxxxxxxx 2009 ( 2 working days + 12 - use a calender

 

You have failed to comply with my request, and as such the account entered default on*XXXXXXXXX 2009

 

On XXXXXX 2009 you sent to me an unreadable document purporting to comply with my request which did not comply your obligations under the consumer credit act sect 78 ..

 

You have by virtue of not supplying the requested documents within 30 days also committed an offence.

 

The document that you are obliged to send me is a*true copy*of the*executed agreement*that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.*

 

As you are no doubt aware section 78(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested. You will also be aware of the CPUTR 2008 and the OFT's guidelines on* debt collectors*which state under the title*Deceptive and/or unfair methods - Examples of unfair practices are as follows - 2.8*

 

(i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued'

 

(k) - 'Not ceasing collection activity whilst investigating a reasonable queried or disputed debt'

 

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

 

Please reply within 14 days with your intentions to resolve this matter which is now a formal complaint I will take this to be the end of this matter .

 

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

 

Yours sincerely