virgin media been taking money out for over a year by dd. service was cancelled

[steampowered]

feeling worried

There is nothing to be worried about. You just have to accept it is a bit of a punt. You can either let this one go and let VM keep the money; or you can issue small claims proceedings and hope for the best. I think there is a very good chance VM would try to settle. If they don't settle, then you just go to your nearest county court for an hour or two and take your chances.

 

If you don't have written proof of calling them that is not ideal, but not the end of the world either.

[sanepersongonemad]

thanks guys. no i have no evidence. I have not used any of their services. thats all i can say i guess at worst i have only a further £60 to loose. im going ahead with the money claim. Also they originally said as a 'goodwill gesture' they have taken away the last months payment and i owe 40 something less but when i paid, i didnt take this into account. Shall i ask for it back?

[steampowered]

I would claim the same amount you paid them from your account (930.15 if I recall correctly?), plus interest from the date of payment.Good luck and feel free to let us know if you want us to look at your draft 'Particulars of Claim'.

[sanepersongonemad]

i have put thi as particulars of claim - i hope its right...

 

I cancelled all my services with Virgin Media

in April 2013, as I moved to Sky. A letter

&phonecall of cancellation giving 30 days

notice was given to Virgin Media in April

2013.However, Virgin Media has continued to

bill me by taking direct debits. I was

unaware of this due to the money being taken

from an account which is not my regular

account. My email address is active and is

checked several times a day. Never in all

this time have I received any emails from

vm let alone any bills.

My sky services of tv, phone line and

broadband started on 23 May 2013 as evidenced

by actual bills. i have used none of vm

services as confirmed by them.interest at

8%claimed

The claimant claims interest under section 69

of the County Courts Act 1984 at the rate of

8% a year from 25/11/2014 to 03/12/2014 on

£930.15 and also interest at the same rate

up to the date of judgment or earlier payment

at a daily rate of £1.80.

[steampowered]

I don't think you should be too defensive or go into details about things like whether or not you were checking your email account. I would save that stuff for the hearing and go with something more like the following:

 

 

1. I am a former customer of the Defendant and subscribed for phone, internet and TV services. On April 2013, I instructed the Defendant by both letter and phonecall to cancel all of my services, as I had decided to move my business to Sky.

2. The Defendant wrongfully continued to take direct debits from my bank account despite the fact I was no longer using their services. I did not receive any notification or statements from the Defendant.

3. I obtained a refund of the wrongfully paid money through the direct debit guarantee. However, I was forced to pay the amount of £930.15 money under duress as the Defendant threatened to make an adverse report to credit rating agencies.

4. No consideration was provided for such payment and hence I claim restitution of the £930.15, together with costs and interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 25/11/2014 to 03/12/2014 on £930.15 and also interest at the same rate up to the date of judgment or earlier payment

at a daily rate of £1.80.

[king12345]

I don't think you should be too defensive or go into details about things like whether or not you were checking your email account. I would save that stuff for the hearing and go with something more like the following:

 

 

 

 

 

1. I am a former customer of the Defendant and subscribed for phone, internet and TV services. On April 2013, I instructed the Defendant by both letter and phonecall to cancel all of my services, as I had decided to move my business to Sky.

 

2. The Defendant wrongfully continued to take direct debits from my bank account despite the fact I was no longer using their services. I did not receive any notification or statements from the Defendant.

 

3. I obtained a refund of the wrongfully paid money through the direct debit guarantee. However, I was forced to pay the amount of £930.15 money under duress as the Defendant threatened to make an adverse report to credit rating agencies.

 

4. No consideration was provided for such payment and hence I claim restitution of the £930.15, together with costs and interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 25/11/2014 to 03/12/2014 on £930.15 and also interest at the same rate up to the date of judgment or earlier payment

 

at a daily rate of £1.80.

 

Spot on!

[sanepersongonemad]

o dear i didnt know. how can i change it now? plase help quickly.

[sanepersongonemad]

i think it may be too late. the claim status is showing as 'requested' and i cannot see a way to edit the poc

[sanepersongonemad]

i have an option to delete the claim but am thinking would i loose my fee if i do this?

[steampowered]

If you have already submitted, then it is fine just leave it. Before the court hearing, you will be ordered to serve documents you intend to rely on, on the other side. For this you can prepare a short witness statement along the lines of my post (but with more detail).

[sanepersongonemad]

ok thanks. the claim is showing as 'issued'...

[sanepersongonemad]

got an acknowledgement from the courts. vm intend to defend all the claim

[SabreSheep]

got an acknowledgement from the courts. vm intend to defend all the claim

 

Any sane company will tick defend all as thia gives them additional time to reserch your claim and submit their defence.

[sanepersongonemad]

ok thanks. i was hoping theyd settle out of court and save the stress. thanks

[steampowered]

This doesn't mean that they won't try and settle. It is very common to tick 'defend all' as otherwise VM would get an automatic CCJ and would have to pay the full amount straight away. There is every chance that VM will try to settle before the hearing.

[sanepersongonemad]

hope so fingers crossed. thanks guys

[sanepersongonemad]

got excited today for no reason. recieved a cheque but for £140 from virgin media? no explanation for what its for, no letter - no nothing. just a cheque for £140. i thought it may be the full amount. random figure just sent to me...

[king12345]

got excited today for no reason. recieved a cheque but for £140 from virgin media? no explanation for what its for, no letter - no nothing. just a cheque for £140. i thought it may be the full amount. random figure just sent to me...

 

I wouldn't cash it otherwise you will have to amend the amount claimed in your court case.

Sneaky tactics by VM to confuse you and the court and claim that you agreed on a settlement.

Be careful, they know all the tricks in the book

[steampowered]

I would just cash it to be honest. If the case is defended you can simply inform the judge of the £140 at the hearing.

[king12345]

I would just cash it to be honest. If the case is defended you can simply inform the judge of the £140 at the hearing.

 

Knowing VM ways I wouldn't be surprised if they produce in court a letter allegedly attached to the cheque explaining that acceptance of the same cheque represents full and final settlement.

That's why I would not cash it.

At least not before the court decision.

[sanepersongonemad]

thanks guys, because of their sneaky ways and no letter or explanation at all how that figure is made up or anything, just the cheque in the envelope, im just going to leave it and wait to see what happens. do i just wait now for their response?

[steampowered]

do i just wait now for their response?

Yes - they would have 28 days from when your claim form was served, so you should receive their defence fairly soon. I also wouldn't be surprised if you receive some sort of communication offering to discuss the matter or perhaps offering a settlement.

[sanepersongonemad]

sadly i recieved their defence on friday - pretty much ruined my weekend as it seems now this is a defended claim so they wont settle out of court?

this is teh wording i got back;-

1. This is now a defended claim

2. It appears this is suitable for allocation to teh small claims track

3. you must by 22 jan complete the small claims directions questionnaire n180 and file it with teh court office.

 

i have the option of mediation?

 

they have disputed the full amount claimed

 

this is their defence;-

 

1. Either you or we may end this agreement at any time by giving the other 30 days notice. You must pay any charges(inc usage charges and line rental) up to the end of that 30 day notice period. You may also have to pay an early disconnection fee if your services end within the relevant minimum period as set out in paragraph j2

 

2. It is admitted that the parties contracted in or around april2008 under the defendants standard residential customer service agreement for the proviosm of telecommunicatiion and broadband services(the agreement), as govenerned by the defendants standards terms and conditions.

 

3. the defendant will rely on the agreementfor its full terms and proper meaning and effect

 

4. the defendant in particular will rely upon section j of the agreement, 'ending you services' which provided as follows:

 

1. either you or we may end this agreement at any time by giving the other 30 days notice

 

5. It is admitted that the claimant telephoned the defendant in may 2013 to confirm she wished to switch providersand cancel her telephone with the defendant. (i thought they said i didnt call and the number was ported by another company???). The defendant complied with the claimants request and her telephone services were ported to another provider. ( i have never used my landline - i do not know its number even. i do not even have a house phone.i simply have it for broadband. furthermore id simply switched for the tv like sky sports and sky unlimited broadband so why on earth would i switch only my telephone when i do not eva use it? dont even make sense. It was also admitted by them that i did not use their broadband and i dont have their tv box even which had basic package and we have the fully sky movies sports package costing over a £100 with sky so why would i want a basic virgin pacakage and watch that- feeling annoyed just reading all this).

The other services ( television and bb) remained active on the cl account as she made no request to cancel these services.

 

6. the cl was sent motnhly emails to the email address she provided to the defendant notifying her that teh bill was ready to view. The same email was provided to the cisas rep during th ecase review.

 

the emails were sent on (dates listed)

 

7. the cl made the pyments by dd each month

 

8. the cl did not contact the defendant from april 2013 until she called on 23 oct 2014

 

9on 23 oct 2014 the cl proceededto cancel the dd on her acc and cancel remainder of her services. as a gesture of goodwill, the agent added a credit of £49.90 to cover previous months billing. although the cl took 30 days notice as per the conditions of teh agreement, the def creditied this backto the cl so she wouldnt have to pay. (wheres this then as the chq is about £140 and i paid in full?)

 

10. all charges on the cl acc were due and owing. the cl however made dd indemnity claims on her acc in the total sum of 830.71 which left the cl acc in debit. (theyv failed to mention i then paid tehm in full?)

 

11it is teh def position that it did not recieve cancelation of all the services on the cl acc. they did recieve a telephone call from the cl in april 2013 cancelling the telephone services on her acc but no such confirmation was recieved in writing by the def and teh cl is put to strict proof of this.

 

12. int his defence, save as in hereafter expressly admitted or expresssed to be not admitted , each and every allegation of fact contained within the poc is denied.

 

13. in or around oct 2014 the cl lodged a complaint with cisas to ask for all monies billed by the defendant since 23 may 2014 to be returned to the cl.

 

14. the def willrely on its defence to cisas and the decision of cisas who concluded 'the claim does not succeed'.

 

15 cisas recommeded that the def

 

a) assist the cl by providing the cl with a reasonable pymt plan for the customer to clear the outstanding liability

b)the co agrees not to refer the account to debt collectors unless teh oustanding liabilty is not paid within the set time frame

 

16 the cl rejected the decsion of cisas and continued to issue these proceedings

 

17 in the premises, it is denied the cl is entitled to the relief sought or any relief

 

 

 

 

so there you have their response. now all of a sudden it is admitted i called as opposed to another telephone provider. so i cancelled my landline to have a landline with sky which i never use and kept their rubbish basic package? they still havent given me any breakdown of my bills and what i was paying for and why the amounts changed. also see how tehy dont mention i paid them in full and am claiming this. made me so angry reading all that. sigh.

[king12345]

I see this as good news.

They have admitted that you called to cancel the landline, so a reasonable judge will see that nobody in their right frame of mind would decide to keep services they don't require.

Just be straight forward on the day.

Don't try to use complicated legal jargon you are not familiar with.

Just tell the judge: "why would I call VM and tell them that I want to cancel my landline contract and keep the other services when I had already signed up to sky for even better package?"

The judge might give you hard time because you didn't realise until a year later, but he/she will surely see through VM lies and at the very least that you must have indeed called to cancel all services.

It's never a guaranteed win in small claim court but you have the right cards for this game imo.

[sanepersongonemad]

thanks. the only reason i didnt realise is that i wasnt getting my statments because it wasnt my regular account. also i never ever ever got their online bills which they aid they sent. even that cheque they sent me which i havent cashed - there was no explanation with it or anything. they play dirty.

 

should i answer yes to the mediation or say no and go straight to court?

 

im glad yes that for the first time ever they have written i called as oppsed to the landline was ported by another provider.....