Jump to content


  • Tweets

  • Posts

    • Any update here?  I ask as we have others now taking on CPM.
    • I am sorry about getting your status mixed up.  I have noticed one thing in your excellent WS. On their claim they are only pursuing you as the keeper-I think it is  in their Point C that  states along the lines of -the driver did not pay , so the keeper is liable. So on your No keeper Liability section  You may prefer  to alter 13 to    . It is trite Law that the driver and the keeper cannot be regarded  as the same person and the claimant has failed to offer any proof who was driving.  BY  only pursuing the keeper  when the PCN does not comply with PoFA must mean that their claim fails. See what the Site team thinks as it should  stop the Judge from looking at who was driving as your statement preempts them from even thinking about it.
    • What would suffice as proof? I just emailed them back my date of birth. Should I send a copy of driving licence? 
    • Which Court have you received the claim from ? Northampton   MCOL Northampton N1 ? Manual Claim CCMCC (Salford) ? New beta WWW.MONEYCLAIMS.SERVICE.GOV.UK ?   If possible please scan redact and upload a full page copy of page 1 of the claim form.   This has been uploaded in my previous messages in the bundle of documents     Name of the Claimant ? Asset Link Capital (NO5) Limited   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./   14/02/2020   ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total Not relevant as his claim was set aside, and has now been brought to the court again by the claimant       Particulars of Claim   What is the claim for – the reason they have issued the claim? Please see bundle of documents in previous thread   What is the total value of the claim? £10,734.1    Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred?  Yes - this is one of the grounds for getting it set aside   Did you inform the claimant of your change of address? No 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 ?  Apparently 2000   Do you recall how you entered into the agreement...On line /In branch/By post ? I do not recall entering into an agreement with Barclays   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ?  It was, but it is not anymore   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. Assigned to Asset Link   Were you aware the account had been assigned – did you receive a Notice of Assignment? No - although they have provided a copy of the assignment notice in their bundle of docs for the hearing   Did you receive a Default Notice from the original creditor? I don't remember - but again a copy of a letter has been provided (see bundle on previous thread)   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?  2015   What was the date of your last payment? December 2015   Was there a dispute with the original creditor that remains unresolved?  I wrote to Barclaycard back in 2015 to ask them to send proof of the original agreement but they just sent me a reconstituted document which had no personal deals on relating to me   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? yes - step change took control and set up payments of £1 pm
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Virgin media: Complete Outage for 1 month (still not fixed) Compensation?


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2779 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi there,

 

Hope someone can help :)

 

I have had a complete outage of my broadband service provided by Virgin Media.

 

I have been in contact with the CEO's office who have replied offering to credit our account for 1 month as a form of compensation. (As well as refund me for the days that the service was down for)

 

I do not think this is fair considering how much grief I have been through with them ,(their status checker on their website said it will be fixed at 1pm/ 6pm/ 10pm on various days then rolls on to the next day so it is useless)

 

The call centre staff are quite frankly useless and no help...

 

Any ideas on how to proceed? (I think ACUTAL cash compensation rather than credit on account is fairer.)

Link to post
Share on other sites

Hi there,

 

Hope someone can help :)

 

I have had a complete outage of my broadband service provided by Virgin Media.

 

I have been in contact with the CEO's office who have replied offering to credit our account for 1 month as a form of compensation. (As well as refund me for the days that the service was down for)

 

I do not think this is fair considering how much grief I have been through with them ,(their status checker on their website said it will be fixed at 1pm/ 6pm/ 10pm on various days then rolls on to the next day so it is useless)

 

The call centre staff are quite frankly useless and no help...

 

Any ideas on how to proceed? (I think ACUTAL cash compensation rather than credit on account is fairer.)

 

If you are finding that they cannot meet the contract terms, then send them a recorded delivery letter advising that as they are in breach of contract, that you can withdraw from the contract at no penalty and without paying for any services not received. Then take your business elsewhere.

 

If there is a problem where you live Virgin might be stringing you along for months.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

If you are finding that they cannot meet the contract terms, then send them a recorded delivery letter advising that as they are in breach of contract, that you can withdraw from the contract at no penalty and without paying for any services not received. Then take your business elsewhere.

 

If there is a problem where you live Virgin might be stringing you along for months.

 

This advice is absolutely correct of course. However, the advice relies on the premise that Virgin will act reasonably and will understand that they have been unable to fulfil their side of the bargain and that they will acknowledge your entitlement to sever ties with them and to go elsewhere.

 

Unfortunately, for the most part, this is not what happens. A more likely scenario is that you will complain to the CEOs office and you will tell them that you are now considering the contract at an end and that you are moving on and that you are ceasing your payments. Instead of looking at their own behaviour and seeing whether they have been a worthy contracting partner, they are more likely to treat you as somebody who is merely trying to avoid your contractual obligations and trying to escape without paying what they consider to be your debts. Once this happens, they will change gear into debt recovery mode. This means that they will blight your credit file and start sending you threatening letters and maybe even make attempts to block you from going elsewhere.

 

Vodafone do exactly the same kind of thing – and so do most of the other telecoms suppliers. They have been criticised for this kind of thing in the press and even the regulator has said that this is an area of concern amongst telephone and broadband suppliers – but despite this there is generally no improvement.

I am amazed that you have been told that the will take as long as the end of the month to restore your service. I can't imagine that there is any reason why it should take this long – unless you're going to tell me that there is a break in the cable somewhere and they have to dig up the roads. Other than that I'm sure that it is just a question of configuring something on some computer somewhere and the whole thing should lurch into action.

 

I agree with you that you should be entitled to cash and I also agree with you that where there is been a complete failure of the service, you should be entitled to move on. However, Virgin won't see it that way. They never give cash out in compensation, but it would be nice to see someone force them to do it. If you wanted to take this further then we would be pleased to help you but frankly the most rapid results will be achieved by starting a court action. I would expect that once they get the court papers they will start treating you seriously. Until then you are simply a nuisance.

Link to post
Share on other sites

This advice is absolutely correct of course. However, the advice relies on the premise that Virgin will act reasonably and will understand that they have been unable to fulfil their side of the bargain and that they will acknowledge your entitlement to sever ties with them and to go elsewhere.

 

Unfortunately, for the most part, this is not what happens. A more likely scenario is that you will complain to the CEOs office and you will tell them that you are now considering the contract at an end and that you are moving on and that you are ceasing your payments. Instead of looking at their own behaviour and seeing whether they have been a worthy contracting partner, they are more likely to treat you as somebody who is merely trying to avoid your contractual obligations and trying to escape without paying what they consider to be your debts. Once this happens, they will change gear into debt recovery mode. This means that they will blight your credit file and start sending you threatening letters and maybe even make attempts to block you from going elsewhere.

 

Vodafone do exactly the same kind of thing – and so do most of the other telecoms suppliers. They have been criticised for this kind of thing in the press and even the regulator has said that this is an area of concern amongst telephone and broadband suppliers – but despite this there is generally no improvement.

I am amazed that you have been told that the will take as long as the end of the month to restore your service. I can't imagine that there is any reason why it should take this long – unless you're going to tell me that there is a break in the cable somewhere and they have to dig up the roads. Other than that I'm sure that it is just a question of configuring something on some computer somewhere and the whole thing should lurch into action.

 

I agree with you that you should be entitled to cash and I also agree with you that where there is been a complete failure of the service, you should be entitled to move on. However, Virgin won't see it that way. They never give cash out in compensation, but it would be nice to see someone force them to do it. If you wanted to take this further then we would be pleased to help you but frankly the most rapid results will be achieved by starting a court action. I would expect that once they get the court papers they will start treating you seriously. Until then you are simply a nuisance.

 

 

Yes, that’s basically (according to the CEO's office) what has happened... what is annoying is that it took this long to be told that this is what happened and being given dates when it was going to be fixed only for them to be moved or even more annoying was being told it IS fixed and all working... so is the best thing to accept this "compensation " and leave Virgin Media ASAP?

Link to post
Share on other sites

Hi there,

 

Hope someone can help :)

 

I have had a complete outage of my broadband service provided by Virgin Media.

 

I have been in contact with the CEO's office who have replied offering to credit our account for 1 month as a form of compensation. (As well as refund me for the days that the service was down for)

 

I do not think this is fair considering how much grief I have been through with them ,(their status checker on their website said it will be fixed at 1pm/ 6pm/ 10pm on various days then rolls on to the next day so it is useless)

 

The call centre staff are quite frankly useless and no help...

 

Any ideas on how to proceed? (I think ACUTAL cash compensation rather than credit on account is fairer.)

 

Do you have mobile data (on the EE network) where you live?.

 

If so, why not ask them to provide you with a mobile broadband SIM (+/- mi-fi) and all the data allowance you need, until they fix it?.

Bear in mind that they'll likely say that they could provide 3G data, and whilst it is true to say their consumer mobile offering is 3G data, they do have a 4G mobile data offering .....

http://www.virginmediabusiness.co.uk/Products-and-solutions/Telephony-Solutions/Business-Mobile-SIM-old/

 

If it is costing them, to provide you with the service you have already paid for, they might focus on fixing it, and either:

a) provide you with an interim solution, or

b) release you from the contract .....

Link to post
Share on other sites

Do you have mobile data (on the EE network) where you live?.

 

If so, why not ask them to provide you with a mobile broadband SIM (+/- mi-fi) and all the data allowance you need, until they fix it?.

Bear in mind that they'll likely say that they could provide 3G data, and whilst it is true to say their consumer mobile offering is 3G data, they do have a 4G mobile data offering .....

http://www.virginmediabusiness.co.uk/Products-and-solutions/Telephony-Solutions/Business-Mobile-SIM-old/

 

If it is costing them, to provide you with the service you have already paid for, they might focus on fixing it, and either:

a) provide you with an interim solution, or

b) release you from the contract .....

 

Yes we do, this is an excllent idea in the interim thank you

Link to post
Share on other sites

If you felt that you had the energy for it, then you could wait until the service was restored and then refuse their offer of compensation by way of credit and start claiming a proper cash refund.

 

We would be pleased to help you.

 

Of course, you would have to do have a detailed and reasonable assessment of what your losses are. It seems clear to me that the value of being without your Internet service for a month is far greater than merely a months subscription.

Link to post
Share on other sites

If you felt that you had the energy for it, then you could wait until the service was restored and then refuse their offer of compensation by way of credit and start claiming a proper cash refund.

 

We would be pleased to help you.

 

Of course, you would have to do have a detailed and reasonable assessment of what your losses are. It seems clear to me that the value of being without your Internet service for a month is far greater than merely a months subscription.

n

 

oh i do! i think this is the best course of action... will keep this thread updated if/when the internet comes back on...

Link to post
Share on other sites

  • 2 weeks later...

Have you contacted their cancellation team about this and to get them to escalate this ? If they can't provide the service obviously Virgin will have to withdraw the contract and compensate you for wasting your time.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

  • 2 weeks later...
Have you contacted their cancellation team about this and to get them to escalate this ? If they can't provide the service obviously Virgin will have to withdraw the contract and compensate you for wasting your time.

 

nope this going to cisas... (going to request a deadlock letter)

 

They are not budging on the 1 month credit service (plus they are "willing" to paying expenses incurred e.g data top ups)

 

Should I do a SAR?

Link to post
Share on other sites

hi there is it possible someone could advise me on how to fill out this section of the CISAS form please?

8.4. Pay you compensation:

Yes

No

You must specify the total amount claimed in this section if you are asking the adjudicator to directthe providerto pay you in compensation.

 

The maximum amount you can claim is £10,000.

You must provide evidence to justify the amount claimed and you cannot change the amount at a later date.

 

 

It then has a table where you can can put each item. i am assuming this is where i should be putting my data top ups etc?

 

But what about compensation for stress ect.

Link to post
Share on other sites

  • 4 weeks later...

anyone know can i avoid going to cisas and go straight to small claims? virgin have sent me a bill for the month that it was down i keep telling them i owe them nothing as there was no service for that month but now they say i have 14 days to pay otherwise it will be passed on to a debt collector :!: i have recorded all calls with them regarding this :sad::-(

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...