Had enough of Virgin - I'm going to CISAS

[Odog1980]

Hello,

 

I am after some advice for an issue I have with Virgin Mobile.

 

August last year I cancelled my contract at the end of term.

I called the one month before the contract renewal date to tell them I did not want my contract to renew.

I was told that everything would be cut off at the end of August and I wouldn’t receive any further charges against this contract.

 

In the December of 2012,

I was going back through my bank statements and I noticed that the monthly charges for the mobile had continued.

I contactedVirgin to get this resolved.

I received a quick reply and apology and I wastold that the money wrongly debited form my account would be paid back to me.

 

I never saw this money go into my account

I sent another complaint tovirgin telling them that the money owed to me was not paid back.

Weeks later Ireceived a phone call.

The chap apologised, blaming computer issues blah blahblah...

I was told that the money would be put into my account within a week.

Ichecked my bank and I have discovered they have only paid back £15 which is aquarter of the amount they owe me.

 

Please can someone tell me what my next step should be?

Are they in any wayin breach of the contract?

Will I need to complain to CISAS?

What type ofresponse shall I expect to get from Virgin for their failure to give me backwhat they owe?

Will they offer a gesture of good will?

 

On another note, before I noticed that there was this problem with myoriginal contract,

I started a new contract with virgin to take advantage of adeal that I had seen.

 

Any help or pointers will be greatly appreciated.

[renegadeimp]

Were the payments by direct debit? If so, use the DD guarantee to get them refunded.

[Odog1980]

Were the payments by direct debit? If so, use the DD guarantee to get them refunded.

 

Thanks for the reply.

 

Yes the payments were made by direct debit But I made sure that DD was cancelled in December so would I still be able to use the guarantee?

Edited August 7, 2013 by Odog1980

[Odog1980]

Virgin owe me money, only £61.28 but that's not the point.

 

I was still being charged after a contract had come to an end.

 

I gave them the correct notice period to explain I didn't want to continue with their service when the contract reaches the end date.

 

After many emails and calls since November last year they finally agreed they owed me the money and that after looking into a "grey area" regarding refunds

they were going to pay me back the full amount.

 

Upon checking my bank they have only paid back £15.88.

 

I think they are in breach of contract.

 

I have had enough so I am raising this now with CISAS.

 

Does anyone know what I can put as a sensible compensation figure to settle my claim.

 

I will be happy with the full refund amount but to be fair I have had no explanation to why there has been a problem and they have not settled the dispute.

[dx100uk]

your are entitled to charge 8% stat int from the date your paid the sums owing

 

dx

[Odog1980]

Hi DX thanks for the reply. Just to be clear is the 8 percent on the whole amount owed or do I backdate the interest from the date when virgin wrongly took the money from my bank?

[dx100uk]

from what each bit of money left your pocket

 

dx

[Odog1980]

Just got off the phone to virgin who have told me that they have credited another account that I hold with them and paid the difference of £15.88 into my bank. When I explained that I was not told that would happen their reply was that effectively I have had a months free service.

So guys if you want a months free service with a phone company just pay over the odds in the future

I have asked them to put everything into writing explaining what has happened.

[Conniff]

Why oh why do these companies insist on giving these age old and silly excuses. It was not the computer, that will only do what someones fat fingers tell it to.

[Odog1980]

CISAS wont get involved as it is 9 months since my original complaint.

[2Grumpy]

Just got off the phone to virgin who have told me that they have credited another account that I hold with them and paid the difference of £15.88 into my bank. When I explained that I was not told that would happen their reply was that effectively I have had a months free service.

So guys if you want a months free service with a phone company just pay over the odds in the future

 

I have asked them to put everything into writing explaining what has happened.

 

No, you have had a months service paid for with money that they owed you, and they probably got that money sooner than they would have taken the DD, they have had an interest free loan and have deprived you of the use of your cash for the period that they held it.

 

Have you checked that they didn't take the money that they say that they used the refund for? They claim that they applied the money to a different account - but did they really do that?

 

If they say that they have given you a months free service then they really should give that - I would be on the phone to remind them that the month that they claim was free was actually paid for by cash they should have refunded therefore you are still waiting for the free month.

[Odog1980]

Too right they had the money quicker, they had it October 2012 not August 2013!

 

I have checked and they have not taken any DD from my account in August. I have looked at my bill and it states that the money would be taken DD on or round the 01.08.13. I have told them to have everything said in my last conversation sent to me in written form. I doubt there will be any mention of the word "free" in the letter if it ever arrives. Still waiting to hear back from the CEO also.

[Odog1980]

Just had a letter from Virgin mobile:

 

I'm writing to you in relation to our telephone conversation on the 20th August 2013 regarding the refund of £61.28. As requested, please find confirmation of our discussion below.

 

Thanks again for taking the time to speak to me. As advised, I've looked into your account and read your email in detail and I understand firstly you are unhappy as you received two further bills for September and October due to an error on your account as the contract did not fully disconnect as we had hoped in August 2012.

 

A refund request was then was then applied to your account for £61.28 to cover the overcharges. As you had an active account for number xxxxxxxxxxxx and an unbilled balance of £45.40 the credit was applied to your billed balance which gave you one month free service in August 2013, leaving you with a £15.88 refund left over to be refunded into your bank account.

 

Again I am sorry the refund process was not fully advised to you, however I can advise you have received a £61.28 refund.

 

OK I understand that with the credit applied to my other account and the difference paid into my bank amounts to the £61.28 owed to me but what I fail to understand is where is the free month service if I have paid for it?

 

They are just fobbing me off. Any ideas how to go back and explain that I have had nothing free.

[Odog1980]

I am going to try and take another angle on this with virgin. Are they in breach of contract? Would I be able to argue that I did not agree to any refund they owed me to be credited to another account I hold with virgin mobile (also they are claiming that this has given me a free months service). They chose to credit me instead of taking my regular monthly direct debit. Now the contract states:

6.10 Payment methods: You may choose to pay your Charges in advance but must still maintain an active direct debit for your account. If you do want to pay the Charges in advance then you can purchase and register a Virgin Media top-up voucher or we will accept payment by credit card or debit card. However, if we have reasonable cause to believe that your payment will be dishonoured or we cannot validate any payment card details you provide to us, we may refuse your chosen payment method and request another method.