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    • Beware using the word "mitigating". That is only if you're admitting it and asking them to be lenient because x,y,z or whatever.   You are not admitting it so there can't be anything to mitigate something you didn't do.
    • pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual  note the long gateway number given  then log in .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform .  defend all  leave jurisdiction unticked  you DO NOT file a defence at this time  click thru to the end  confirm and exit MCOL. . .  get a CCA Request running to the claimant https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/  leave the £1PO blank and uncrossed . .  get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant] . . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . . type your name ONLY no need to sign anything . you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]  
    • Could you perhaps use the quote button so as to minimise confusion?  It's difficult to distinguish between what you quote and what you are saying.  (Actually it is quite easy to tell the difference).
    • Name Of Claimant - Lowell   Date of Claim - 11th nov 2019   What is the claim for – the reason they have issued the claim? 1)   the defendant entered into a consumer credit act 1974 regulated agreements vanquis under account reference xxxxxxx 2)   The defendant failed to maintain the required payment, arrears began to accrue 3)   The agreement was later assigned to the claimant on 29 September 2017 and notice given to the defendant 4)   Despite repeated requests for payment, the sum of 2247.91 remains due outstanding And the claimant claims a)The said sum of £2247.91 b)The interest pursuant to S 69 county courts act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £xxxx, but limited to one year,  being £xxxx c)Costs   What is the total value of the claim? £2247.91   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? No I received the PAP twice?   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? NO   Did you inform the claimant of your change of address? NA Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? CREDIT CARD   When did you enter into the original agreement before or after April 2007 ? NO   Do you recall how you entered into the agreement...On line /In branch/By post ? BY PHONE/POST   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? YES   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. DEBT HAS BEEN PASSED TO LOWELLS   Were you aware the account had been assigned – did you receive a Notice of Assignment? I CANNOT RECALL   Did you receive a Default Notice from the original creditor? I BELIEVE SO YES   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? NO   Why did you cease payments? LOST MY JOB AND COULDN’T AFFORD PAYMENT/INTERESTS   What was the date of your last payment? APPROX JAN 2015   Was there a dispute with the original creditor that remains unresolved? I asked for the CCA and they sent me a computer printed balance statement   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? I believe I contacted them explaining I had lost my job and for a holiday period which they refused. Although I cannot recall 100%   Just to sum up what has happened through this thread: -       defaulted around May 2015 -       2017 lowells got involved, asked for my CCA from OC and SAR. Vanquis, no acknowledgement of the dsar/ sar, they have however sent me their terms and conditons, fact sheets, along with 2 computer print outs of my details. I think they were considering it the CCA. -       lowells sent pap, replied, they sent again, replied again -       Court claim    
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I Signed up with Virgin Media Sales and gave bank details for my standing orderin early in October

 

and they confirmed the installation date as 16th October

 

 

 

12th October 2 workmen arrived and luckily I saw them as I drove into our road. They had painted an arrow on the road opposite my drive.

 

They said they would need to dig up the road to get access to Virgin's conduit . I showed them the place on my drive where the access point was and they took a photograph of it. I have a frontage made up of coloured blocks and one ofthese about the size of a brick can easily be lifted to show the Virgin plastictube.

 

They didn't do anything further, however, and went away. On the 16th October I waited for the Installers to come. At lunch time on that day I received a letter fromVirgin saying that the installation would be postponed as Virgin had to getpermission from the council to dig up the road to unblock the plastic conduit. I made several telephone calls to explain that there was no need to dig up theroad as the access point was clear but to no avail.

 

 

 

I rang construction several times to tell them they didn't need to dig up the road. Couldn't get any sense from them and was told it would be 2 to 4weeks before they could install.

 

 

 

On 5th November 2 Men came to dig up road I showed them the access point on thedrive and they said that was fine and they didn't need to dig up the road. They fed a long wire through the plastic tube to the connection sink hole at the bottom of the road. They then told me that they couldn't connect up because the sink hole was full of water and silt. They said they would lsend another team to clear it. they had no idea when.

 

 

 

8November Spoke to John in Philippines no help here but he agreed to raise acomplaint Ref 320509953 but said it could take 2 weeks to deal with.

 

 

 

Spoketo Virgin re installation to a girl called Rosy who didn't help then a lady called Alison from complaints who was no help. She said she had to put me backto construction

 

 

 

On Friday 10th November posted my complaint on Virgins face book page.

 

I said

 

 

 

Virgin Media wrote to me on the day our installation was due and said they needed to dig up the road saying the installation was postponed. I heard nothing and then 4 weeks later after many phone calls they said they didn't need to dig up the road after all but the access point down the road was full of silt and had to be pumped out. During my wait a few weeks ago someone from Virgin said that they would reduce my subscription by £10 permonth for a year because I had been treated so badly. The day before a chap called James from India said his supervisor would call me at 1030. No one called. Gracie from Virgin somewhere else said she would look into it and would call me back. She didn't. Today my sky viewing ends which means no Sky sports until Virgin sort things out or, as I am now considering, I go back to Sky and Plusnet and kick Virgin into touch. The guys who found that the access pointdown the road was full of silt said they have customers who sometimes wait months so I was lucky. I don't feel lucky. Got a reply from the social team They said

 

 

 

Dear Bryan,

 

Got it! We’re on the case and will be in touch soon.

 

Thanks,

Virgin Media

 

Theydidn't get in touch.

 

 

 

14thNovember spoke to Canta in construction who said they had a new date for installation of Monday 26th November. Told her the problems regarding the sink hole being full of water. She said she would e-mail the local construction people giving them the details to fix the problem.

 

15thNovember spoke to Roxanne in construction who said she would talk to the local people again.

 

 

 

16thNovember a neighbour told me Virgin had been twice to our road.

 

 

 

17th November Roxanne rang me to say our installation would need to be postponed as the sink hole was full of water. You couldn't make it up.

 

I complained to her and she said she would look into it and get back to me in 1week. I complained that a week was too long but she said she was away for a week. She then said she would get someone to ring me on Monday 19th November.

 

 

 

17thNovember spoke to Canta who said the installation was on schedule. Then said she would contact the Area Manager and get back to me.

 

 

 

17thNovember didn't get back.

 

 

 

My neighbour recommended me to Virgin for which he hopes to get £50. I think he will be disappointed. I also think that quite a simple problem has been made much worse by your company's inefficiency and incompetence. I have been told by Roxanne that someone will telephone me on Monday. If they do not I will go backt o Sky for telephone, TV and broadband and cancel Virgin I will also forward acopy of this letter to everyone I know.

 

 

 

BryanCheetham

Edited by maroondevo52

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Hello and Welcome Planter,

 

I've moved this thread to the appropriate Forum.

 

Regards.

 

Scott.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

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