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    • a 'witness' to it not arriving till the 15th is sadly immaterial too. regardless to the above anyway, the PCN remains valid. 
    • Hmm yes I see your point about proof of postage but nonetheless... "A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid,  must be delivered either (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or (Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales." My question there is really what might constitute proof? Since you say the issue of delivery is a common one I suppose that no satisfactory answer has been established or you would probably have told me.
    • I would stand your ground and go for the interest. Even if the interest is not awarded you will get the judgement and the worst that might happen is that you won't get your claim fee.  However, it is almost inevitable that you will get the interest.  It is correct that it is at the discretion of the judge but the discretion is almost always exercised in favour of the claimant in these cases.  I think you should stand your ground and don't give even the slightest penny away Another judgement against them on this issue would be very bad for them and they would be really stupid to risk it but if they did, it would cost them far more than the interest they are trying to save which they will most likely have to pay anyway
    • Yep, true to form, they are happy to just save a couple of quid... They invariably lose in court, so to them, that's a win. 😅
    • Your concern regarding the 14 days delivery is a common one. Not been on the forum that long, but I don't think the following thought has ever been challenged. My view is that they should have proof of when it was posted, not when they "issued", or printed it. Of course, they would never show any proof of postage, unless it went to court. Private parking companies are simply after money, and will just keep sending ever more threatening letters to intimidate you into paying up. It's not been mentioned yet, but DO NOT APPEAL! You could inadvertently give up useful legal protection and they will refuse any appeal, because they're just after the cash...  
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Liability for someone else's Virgin Media debt


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Not sure if this is the right thread so apologies if not.

 

In April 2014, I moved into a shared accommodation property with two other girls.

As lead tenant, I organised everything, all bills etc were in my name.

In April 2015, one of the girls moved out.

 

In October 2015, I cancelled my virgin media account as I was going to be travelling for work and the flat was really just a 'home base' for when I got a week off etc and so that all my bills were still going to the same place.

 

 

Work was paying for my travel and accommodation in other places so it wasn't too big a deal to pay rent on a flat I wasn't staying in.

 

 

I had closed the account early and so I'd paid a bit extra and whatever.

My account was closed but my remaining flatmate took out a virgin account in her name.

 

I moved out in March 2016, informed all the utilities that were still in my name that I'd be moving out and they issued final bills etc

. I couldn't cancel VM as it was in my flatmates name.

 

this week, moving into a new place with my bf,

I try to set up virgin media,

only to get a phone call telling me that I can't be given services because there's a £76 debt at a property I once lived at.

(My ex-flatmate moved out at the end of April 2016 but apparently didn't cancel her account)

 

I've since had a discussion with 3 different departments (orders, collections and customer services) who have all confirmed that unless I pay off a debt that is not in my name and nothing to do with me, I cannot get my services.

 

I'm expecting a call from senior management tomorrow afternoon after I kicked up a bit of a fuss but legally, can I be held accountable for someone else's debt with them?

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You aren't legally liable for the other person's debt.

 

However, Virgin aren't under an obligation to supply you with services.

So, whilst they can't make you pay it ; if you don't you can't make them provide you with services .....

 

I'd suggest raising it on social media : they might budge when you make them look unfair .......

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No you can't be liable for a debt owed by someone else and VM should not be asking you to pay it.

 

But VM have no legal obligation to provide you with their services. The same as any business they can pick whether they accept your custom.

 

I suspect if you contacted the telecoms ombudsman, they would not be happy VM were approaching a third party to pay a debt in this type of situation.

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Hi , send an email to Tom Mockridge (you will need to google his email address, I think it is at virgin.com. One of the management team will contact you , they were fab when I was going around in circles.

 

 

In October 2015, I cancelled my virgin media account as I was going to be travelling for work and the flat was really just a 'home base' for when I got a week off etc and so that all my bills were still going to the same place. Work was paying for my travel and accommodation in other places so it wasn't too big a deal to pay rent on a flat I wasn't staying in. I had closed the account early and so I'd paid a bit extra and whatever. My account was closed but my remaining flatmate took out a virgin account in her name.

 

 

 

I moved out in March 2016, informed all the utilities that were still in my name that I'd be moving out and they issued final bills etc. I couldn't cancel VM as it was in my flatmates name.

 

 

 

So this week, moving into a new place with my bf, I try to set up virgin media, only to get a phone call telling me that I can't be given services because there's a £76 debt at a property I once lived at. (My ex-flatmate moved out at the end of April 2016 but apparently didn't cancel her account)

 

 

 

I've since had a discussion with 3 different departments (orders, collections and customer services) who have all confirmed that unless I pay off a debt that is not in my name and nothing to do with me, I cannot get my services.

 

 

 

I'm expecting a call from senior management tomorrow afternoon after I kicked up a bit of a fuss but legally, can I be held accountable for someone else's debt with them?

 

 

 

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Simple answer is Yes, you can be held liable for another's debt IF you agreed to act as G.

Doesn't appear to be the case here.

I assume your VM account has a unique account no. in your name?

Either your ex flatmate fraudulently used/Tx your account or confused VM ascribed your account details to flatmate.

Unless VM capitulate, you may have to argue your case in Court

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Unless VM capitulate, you may have to argue your case in Court

 

If VM don't take the OP to court (and I doubt they would; telling the OP they won't supply them with services unless they pay off the 3rd party's debt is a world away from VM deciding to take the OP to court for the 3rd party's debt .....), how is it going to get to court?.

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There will be two separate agreements and account numbers...irrespective of the same address..you cant offset against two different individuals and hold them to ransom to debt collect...even though VM appear to think they can.

 

VM use to have password protection on your account..not sure if this is still the case.

 

Escalate......

 

 

https://www.ofcom.org.uk/complain-to-ofcom

 

Andy

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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.

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