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    • Which Court have you received the claim from ? Northampton  Name of the Claimant ? Overdales solicitors  How many defendant's  joint or self ?  Self Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.  13 may 2024 What is the claim for – the reason they have issued the claim? the claim is for the sum of £6163.61due by the defendant under an agreement regulated by the consumer credit act 1974 for hsbc uk bank plc. Account 4546384809766042. The defendant faild to maintain contractual payments required by the agreement and a default notice was served under s 87(1)  of the consumer credit act 1974 which as not been compiled with. The dbt was legally assigned to the Claimant on 23/08/23, notice on which as been given to the defendant.  The claim includes statutory interest under S.69 of the county courts act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £117.53 the Claimant claims the sum of £6281.14. Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?   Not to my knowledge. Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred?  No Do you recall how you entered into the agreement...On line /In branch/By post ?  Online but it was for a smaller amount they kept on increasing this with me asking 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.  It was assigned to a debt collection agency  Were you aware the account had been assigned – did you receive a Notice of Assignment? yes  Did you receive a Default Notice from the original creditor?  Yes I also made offers to pay original creditor a smaller amount but was not replied to 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? I was made redundant and got a less paid job I also spent some time on furlough during covid and spent some 3 months on ssp off work. What was the date of your last payment?  May 2021 Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes at the time I communicated with all my creditor's that I was running out of funds to pay the original agreements once my redundancy money ran out that was when my accounts defaulted. I then wrote to all my creditor's with pro rata offers of payments but debt collectors took over the accounts.
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virgin media been taking money out for over a year by dd. service was cancelled


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well ensuring my credit file stay clean but its also nearly £900.....which for me is alot of money and currently 2 months rent....

£900.00 for non existent service is an outrage

Ask the question of Ms Miller re VMs intentions and go from there.

Edited by ims21

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As you suggested, maybe you could write to mrs "computer says no" one more time laying all of your cards on the table (mortgage etc.), but don't hold your breath.

VM has been doing this for years and when sued they settle out of court making you sign a confidentiality agreement.

Unfortunately mortgage applications are not done in a day and for what i know, after they've given you an offer and you find a house, before they actually complete the application and give you the money, they do a final credit check.

You could send the letter explaining that if you didn't get a mortgage because of their default, you will be claiming for all the rent until you find another house to buy.

And that could mean years!

Maybe I was right in writing the initial email using strong words against the ceo.

The adjudicator is a waste of time because it takes ages and they're paid by VM and other affiliated broadband/tv/phone providers.

It would be like if you employed your mum to decide if you're right or wrong.

In one of the decision those scientists ruled that because VM had only overcharged about £10, given the minimal amount, the case was dismissed.

So in their mind it's ok if I overcharged every customer by £10.

Being a minimal amount it's ok to rip them off.

Forget the adjudicator.

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£900.00 for non existent service is an outrage.

 

Agree, but I don't think the police would be interested.

Nowadays they claim that almost everything is a civil matter.

I wonder what would happen if I opened a company and sent bills for non-existent services to random people threatening to get dca involved and ruin their credit record.

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exactly. for me its alot of money for something i have not even used once all this time - how can it even be justified? this could go towards my deposit or 2 months rent. i am buying a new build house where the build wont be finished till end of january hence mortgage is taking a while.

 

ok i think thats a good idea. could you help me fire a response back? its one of them things that once i pay the money back its unlikely il get the money back. whereas this way we can at least discuss it. once they get the money the stress is on me. when i initially called them off an evening, the next day when i went and called them again tehy had no notes id even called them!

 

a friend of a friend of a friend is a sales rep for vm and has told me that vm always do this to their customers.

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Agree, but I don't think the police would be interested.

Nowadays they claim that almost everything is a civil matter.

I wonder what would happen if I opened a company and sent bills for non-existent services to random people threatening to get dca involved and ruin their credit record.

 

 

No mention has been made of any such action!

 

 

This is not a " random" billing in any way, an instance of the company script is always right I think.

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well ensuring my credit file stay clean but its also nearly £900.....which for me is alot of money and currently 2 months rent....

 

You might like to strongly consider what steampowered has written then.

 

While £900 is a lot of money, what would be the "cost" to you of losing a house due to a mortgage refusal?

 

It may be better to ensure that a default is not placed on your file to start with but still keep the dispute bubbling. This way you will ensure a clean record for mortgage approval and when that is all done and your house is secure you then mount your full attack on VM.

 

That way you get your house and get your chance to get VM.

 

The other way you may retain your £900 but you lose the house due to a default on your file.

 

I would also be getting that SAR off so that you can get confirmation that your cancellation call was made and when (and possibly how long that call took)

 

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i just want to make sure the account is in dispute and that they dont defaut it.

Unfortunately, this is an urban myth. Putting the account in dispute does not stop them from putting a default marker on your credit file.

 

Personally I would pay the money to keep my credit file clean, then write a 'letter before action' followed by a small claims court action if necessary. You can try to resolve it before a default is placed but I'm not sure it will be possible to resolve this in time. It is a bit stressful and does take time but I can't see a better option.

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yes true. is there any point getting the sar though? i would like to check that theyve not already put on my file anything and try one more time writing to them. if under duress i need to pay it then i will and then will have no choice i guess but to go through small claims.

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steampowered how can i make sure they've not done that?

do you think theyd take this all the way to court?

Its difficult to say. If papers are issued, I think there is a very good chance they would try to settle without reaching court. Even if they do take it all the way small claims hearings are quite straightforward and nothing to be afraid of.

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ok thanks as long as there is no comebacks on me. can i get some help writing a letter saying that under duress i will pay but that i will also take them to court. and also to check hat they havent defaulted me. and to confirm how much they want me to pay and also why teh amounts are different as its nothing iv instructed.

thanks

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ok thanks as long as there is no comebacks on me. can i get some help writing a letter saying that under duress i will pay but that i will also take them to court. and also to check hat they havent defaulted me. and to confirm how much they want me to pay and also why teh amounts are different as its nothing iv instructed.

thanks

Responding to PM.

 

 

This time send by post Marked Private & Confidential:

Personal Attention Required.

 

 

Dear Mr Mockeridge,

 

 

I refer you to my correspondence dated xx.xx.xxxx which was passed to Ms Miller for attention and to which she has replied on your behalf.

 

 

Having read Ms Millers response I find it inadequate to say the least the most important points have been ignored

it seems or not properly addressed so I will outline them once more.

 

 

1. I cancelled my account with VM on xx/xx/xxxx as I had taken up subscription with another provider.

2. It quite clearly appears that the VM operative who dealt with this cancellation did not properly act upon it.

3.I did not become aware of VM's error in dealing with my cancellation until I had access to my bank statements after some technical problems with my bank. I became aware that VM was still taking Direct Debit payments from my account on xx/xx/xx .

4. I requested my bank to reclaim the unauthorised debits which it has done.

 

 

Please also note in reference to Ms Millers insistence that I still owe VM £xxxx.xx for services I did not in that time period have a VM receiver box, and did not access or utilise any VM services what so ever.

 

 

Therefore no payment is/was due to Virgin Media in reference to this account.

Also I am totally unable to reconcile the figures supplied by Ms Miller.

 

 

I am further concerned that VM may place derogatory data on Credit reference files in regard to the cancelled account and the alleged debt accruing from it.

 

 

I do not accept any liability to VM for an alleged debt caused by its failure to act upon my instructions.

 

 

I would expect as CEO of VM Mr Mockeridge you will be able to provide me with a prompt and positive response to this matter.

 

 

Signed for post.

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Before sending such a letter you need to consider the questions posed earlier i.e. No pay = get default and potentially lose house OR pay for the time being and fight the battle after your home is secured.

 

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Before sending such a letter you need to consider the questions posed earlier i.e. No pay = get default and potentially lose house OR pay for the time being and fight the battle after your home is secured.

The letter is suggestion only made on request of the OP to way up the prospects and consequences of future actions.

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I would contact the ceo again as suggested by brigadier.

If he doesn't bulge you will have to decide to pay and then reclaim through court or risk not getting the mortgage.

I can foresee these VM robots saying "computer says no!"

 

"But I had no VM equipment to receive signal!"

"Computer says no!"

"But why would I pay for the same services to VM and Sky?"

"Computer says no!"

"Have you got a bit of common sense?"

"Computer says NO!"

 

Truth is they are well aware of what they are doing and have been using the same tactics for years.

 

I hope people will start looking at their bills and realise how much more they get charged every month.

Then maybe they will lose enough customers to make it not profitable anymore.

But this is only a dream, there will always be the next cow to be milked.

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I would contact the ceo again as suggested by brigadier.

If he doesn't bulge you will have to decide to pay and then reclaim through court or risk not getting the mortgage.

I can foresee these VM robots saying "computer says no!"

 

"But I had no VM equipment to receive signal!"

"Computer says no!"

"But why would I pay for the same services to VM and Sky?"

"Computer says no!"

"Have you got a bit of common sense?"

"Computer says NO!"

 

Truth is they are well aware of what they are doing and have been using the same tactics for years.

 

I hope people will start looking at their bills and realise how much more they get charged every month.

Then maybe they will lose enough customers to make it not profitable anymore.

But this is only a dream, there will always be the next cow to be milked.

 

I think we need to take on board that the OP is on a knife edge here and only they can decide which route they wish to take.

 

The danger is that the more time that elapses with VM being without their money, the more likely a default being placed.

 

Given what the OP says about being keen for the house, it would be a real shame of they followed some of the advice here and lose it (if they can afford to be without the £900 for a while)

 

The VM battle can be kept live but under control for a while and then stepped up at a later date. The mortgage application is, I would suggest, a little more serious.

 

As said, it is for the OP to decide but at least they have been given options, one of which may (not will) lead to the loss of their desired new home.

 

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Just a little point, you HAD already paid the £900 so this is a mute point. If you have received it back via the DD guarantee and spent it, that is firmly your own problem.

The payment had taken without the OPs knowledge after they believed the account/service was cancelled, what would you do?

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Depends on the OP's decision as to their priorities.

 

I know what I would do.

Me too ims.

As said the OP has the alternatives to mull over.

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I'm not disagreeing he should claim it all back + more, what I'm saying is, he HAD already paid it, claimed it back via DD a few days ago and is now complaining they want £900. It should still be in the bank, it's not like he has to fork out an extra £900.

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I'm not disagreeing he should claim it all back + more, what I'm saying is, he HAD already paid it, claimed it back via DD a few days ago and is now complaining they want £900. It should still be in the bank, it's not like he has to fork out an extra £900.

Payments without the OPs knowledge, strange that VM should take these payments when clearly it could be seen that

the services were not utilised and there was in fact no receiver box anyway, also no communication about VMs offers and services until the situation was brought to its notice.

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