Jump to content


  • Tweets

  • Posts

    • I've inserted their poc re:your.. 1 ..they did send 2 paploc's  3. neither the agreement nor default is mentioned in their 2.        
    • Hi Guys, i read a fair few threads and saw a lot of similar templates being used. i liked this one below and although i could elaborate on certain things (they ignored my CCA and sent 2 PAPs etc etc) , am i right in that at this stage keep it short? If thats the case i cant see what i need to add/change about this one   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   Defence:   The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   2. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   3. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments. 4. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.   5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   6. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  
    • i understand. Just be aware I am prepared to take some risks 😉
    • Thanks Tnook,   Bear with us while we discuss this behind the scenes - we want you to win just as much as you do but we want to find the right balance between maximising your claim without risking too much in court fees, and in possible court costs awarded to the defendant bank.
    • Tell your son and think on this. He can pay the £160  and have no further worries from them. If he read POFA  Scedule 4 he would find out that if he went to Court and lost which is unlikely on two counts at least [1] they don't do Court and 2] they know they would lose in Court] the most he would be liable to pay them is £100 or whatever the amount on the sign says. He is not liable for the admin charges as that only applies to the driver-perhaps.If he kept his nerve, he would find out that he does not owe them a penny and that applies to the driver as well. But we do need to see the signage at the entrance to the car park and around the car park as well as any T&Cs on the payment meter if there is one. He alone has to work out whether it is worth taking a few photographs to help avoid paying a single penny to these crooks as well as receiving letters threatening him with Court , bailiffs  etc trying to scare him into paying money he does not owe. They know they cannot take him to Court. They know he does not owe them a penny. But they are hoping he does not know so he pays them. If he does decide to pay, tell him to wait as eventually as a last throw of the dice they play Mister Nice Guy and offer a reduction. Great. Whatever he pays them it will be far more than he owes as their original PCN is worthless. Read other threads where our members have been ticketed for not having a permit. [We know so little about the situation that we do not know if he has a permit and forgot to display it. ]
  • Our picks

landlor

VirginMedia Contract Period

style="text-align:center;"> Please note that this topic has not had any new posts for the last 1164 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hello Friends,

 

 

I have gotten into this trouble with Virgin-Media. My contract was for 18 months and a few days before the end of contract I called them to say that am not interested in continuing. I was able to get to speak to one of the customer care after a long wait and she then wanted to transfer me to yet another team for this. I said I will not wait any longer and as I have informed the customer care , whoever picked-up, it is their internal matter how they process my request.

 

 

They have now come back with tall bills saying that my disconnection was not done and that I will have to pay for it. My question is

(1) If my contract period ends, I am not bound by anything. They say that I will have to give one month notice. Can this be legally correct and bounding on me that my contract will be automatically extended, if I don't give notice? Also I had moved to Sky and the telephone line was being serviced by Sky.

Share this post


Link to post
Share on other sites

Calm down, so you've been had by virgin bledia and their non existent customer service skills.

 

Did you record the call?

 

You can categorically ignore everything Virgin Bledia send you regarding paying them anythin, less for a claim form, which won't happen.

 

Start their non existent, tedious complaints process, STAY OFF the phone, keep everything in writing, as they are well adept at ignoring emails, pretty ironic for a telecoms company!

 

If they ring, laugh and hang up, whatever they wish to convey can be committed in writing.

 

Do you have this conversation recorded?


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Share this post


Link to post
Share on other sites

Please be wary of simply ignoring anything but a claimform. Virgin bledia WILL report any missing payments to the cra's. So whether they are right or wrong to insist on a 30 day notice of cancellation, they will still trash your credit file.

The customer care agent should have completed a cancellation form, this does not have to be the cancellations team, any agent can do it so your cancellation should have run from the date you called them to disconnect you.

 

If a sparkling cra file is important to you then i would suggest paying the final bill to keep it clean and then set about claiming anything you have been charged over and above the contractual length back.

Yes its a pain and long winded but if you want to protect your cra file its the safe way.

On the other hand, if the cra is not an issue then ignore ignore ignore until a claimform arrives


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

Share this post


Link to post
Share on other sites

Hey Guys. Thanks for your responses really and look forward to a few more replies.

 

 

CRA file is important for me as I have a re-mortgage coming in Dec-2018.

 

 

The communication is in writing. In the letter, they admit that I called and informed the customer care about cancellation but did not wait to be put to cancellation/retention team and that's where my fault is for which I have to pay some £200.00.

 

 

What is my legal position here? Do I have to give a months notice, even if it is in their T&C? It could just be an unfair term. If contract has an end date, then it ends on that day. Why do I have to inform customer care anything at all?

Share this post


Link to post
Share on other sites

Im not saying its right for vm to do so but when the contract starts its for a minimum term, as with any other supplier, so they ask for 30 days notice, which, if it were say a 12 month contract, can be given after 11 months.

 

£200 for 30 days seems an awful lot, remember, everything in your contract is paid for in advance.

 

In your position if you need to remortgage and keep your file clean, i would advise pay and claim back, they will trash your file otherwise


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

Share this post


Link to post
Share on other sites
Please be wary of simply ignoring anything but a claim form. Virgin bledia WILL report any missing payments to the cra's

 

Yes my apologies, that isn't very constructive advice, sorry.

 

As Martin says, if your CRF is important to you, as it is, then the best way forward is to play their game, pay them what they say you owe, BUT have an ongoing complaint lodged with them at the same time.

 

From experience, they will ignore your complaint, and attempt to palm you off with any old comment such as ''as a GOGW we will refund you 50% of what we took from you blah blah blah''.

 

Give them the 8 weeks to satisfy your complaint, then you can escalate it to OTELO, if they're still going??

https://www.ombudsman-services.org/communications.html?gclid=CKL0n5jYwM4CFdUW0wod1kcGaA#


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Share this post


Link to post
Share on other sites

Virgin Media will provide a SAR for free. ask for the call recording.

Share this post


Link to post
Share on other sites
Virgin Media will provide a SAR for free. ask for the call recording.

 

And they do record ALL calls, inward and outbound


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

Share this post


Link to post
Share on other sites

Has this been resolved, newlyn?

 

HB

Edited by honeybee13
Typo.

Illegitimi non carborundum

 

 

 

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...