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    • So after much to-ing and fro-ing, I received notification from the court a couple of days ago that my case will now be heard on May 2022, which suits me fine😊. Any delay or wasting of time endured by Highview Parking is music to my ears, as it hopefully will get them to ponder and reflect whether it is worth their while having to wait an entire year for adjudication over some stupid and paltry PCN. Having said that, I look forward to the hearing as I'm 200% confident of my defence and for which I owe a great deal of gratitude to everyone who chipped in here with those awesome tips and advice. The battle isn't won yet, but the 1 year delay is itself a little moral victory for me. Thanks peeps 🙏🙏
    • Apart from the fact that it was getting too long, I don't think it is necessary to give them any further explanation. I've added a single line which refers to the increasing of your monthly payments by the adding of alleged arrears to the mortgage – and that this is in direct defiance of the ombudsman's direction. If I were you I would leave it there. Also, I think that you should keep it broadly in the same order as I suggested with the fact that their clients have only just woken up – as being the first line that they see and hopefully they will understand that they are dealing with somebody with a very bolshie attitude about this – which is what I think you need to project. Let me know if you really want to change anything else – but frankly I think that you need to keep at this point it is possible. You don't need to give them any further explanation of the ombudsman's direction. I think you've supplied them with a copy of the order already haven't you? If not – then attach the order
    • this is my draft   In reply to your email on Friday the 18th of June.                Firstly today I have received a letter from Barclays informing me that my monthly mortgage payments have gone up by £143 per month that when you calculate over the remaining term of the mortgage it equates to approximately 24k which is very near to the figure which was assumed by the bank to be my arrears. There was no explanation or calculation attached which I find hard to believe. So after contacting the bank and asking the adviser he confirmed that the bank had added on the amount to cover the arrears ( that don’t exist) so in reality I am going to pay the arrears twice. This below is what the ombudsman told your clients to do but unfortunately they obviously cannot read  I quote From the ombudsman to Barclays   My final decision is that Barclays Bank UK Plc should: · Restructure Mr A’s mortgage as if any arrears balance was added to the main balance of the mortgage and the arrears extinguished upon the inception of the mortgage set out in the mortgage offer dated 29 June 2019. · Amend Mr A’s credit file and any internal records in line with the above – so that any arrears were cleared upon inception of the new mortgage   I have asked the bank on numerous occasions for statements in relation to the so called arrears and  my overpayments  Which add up to a few thousand pounds so I can calculate what is also owed to me. They are refusing to give the statements to me stating that because I have missed payments they do not have to supply them , I don’t believe this is right and is not in line with the banking code of conduct.   The fact that your clients have only just woken up and instructed you is no concern of mine. It is simply a further demonstration of their poor attitude to the interests of their customers and also their disregard for decisions made by the financial ombudsman service.   You refer to a "short delay" but I notice that you are unwilling to give any kind of commitment. Your letter is littered with "as soon as possible" and "in due course". But the ombudsman's instructions are clear.  So are the courts powers under the FMSA 2000. There is nothing to consider no negotiation to be had and no compromises to be made - so why the delay?   Because you have made me feel sorry for you I'll give you an extra week. If it was simply a question of money that hadn't been paid, I would agree. There would be no question of prejudice. However, we are talking here about damage to my credit file which has gone on now for well over a year and a half. Your clients may not care about their own  reputation but I certainly care about mine.   The damage to my credit reputation is totally without justification. It is unfair treatment not to mentioninaccurate data processing. It is continuing and your clients are wilfully exacerbating the problem. It's not clear to me whether they are doing this deliberately or simply because of their ineptitude. Do you know? I'm quite happy that you share these documents with the court. Especially your admission that your clients have only just now instructed you despite the fact that this matter has been ongoing for a considerable time. Frankly I would have thought that it would be in your client's interest not to reveal how slack their attitude and procedures are – but that's a matter for you. And incidentally, there will be no question of costs if you simply don't try to put any response or defence. The ombudsman's decision is binding and there'sactually no reason for you to get involved except to hold a dialogue with your client and tell them to get a move on. If your clients instruct you to get involved, then it will be completely unnecessary. This is not a contentious matter. There will be no need for an injunction if your client simply did what they were told by the ombudsman – which they will eventually have to do anyway. I'm preparing the form N322 to apply for an ex parte injunction as we speak. Legal proceedings for statutory breaches of FCA regulations and also the Data Protection Act will follow once your clients have complied with the FCA direction – whether they do it voluntarily or they are forced to by the court. So don't come back and say you didn't know about that either.   Regards,
    • Incidentally, at the point of sale or on a website or anything, do they make any claims in respect of the so-called arbitration service run by Alex?   By the way, could you give us the actual email address of the motor complaints thing? You seem to have misspelt it twice so far. Can you doublecheck please
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Terminating broadband contract with Virginmedia


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I have twice renewed my broadband contract with virginmedia. Each time it was at the end I called them up to cancel as they were moving the price to almost double. But in order to retain me they kept the price just about where it was before.

 

This January, a month after I had renewed my contract and assured of a fixed price for the rest of the duration of my contract, they sent a letter to say they would be increasing the cost from £29 to £32.50. I ignored it since I knew we had a separate agreement. Today I have seen a direct debit presented to deduct from my account on Monday.

 

Today I rung them up and challenged them. They say I have lost my right to dispute it because they gave me 3 months to exit without any charge and now I would be legally obliged to stay according to my terms and conditions of contract with them.T

 

I told them I would not pay any termination fees or any costs whatsoever and that I want the contract ended forthwith. They said that if I do not pay then they would be handing my account to collection agencies and it would affect my credit rating.

 

I told them that I would not pay them a penny and would fight them till I die and would stand up to them in any court!

 

Any ideas where I could be headed with this?

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Posted (edited)

Someone with more experience will no doubt be along shortly.

 

Do you have evidence that Virgin Media agreed to a fixed price for the duration of the contract, either by way of a recorded phone call or written contract?

 

I suspect what has happened is Virgin Media have applied an annual inflation rise to the contract as has become normalised industry wide. It has to be said that if that is what happened then 12% is an interesting interpretation of current inflation.

 

The crux of the matter is whether this was categorically waived when you renewed your contract and can be proven with evidence.

Edited by FruitSalad1010
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This was the email they sent me....

Thanks for making those changes to your Virgin Media package. We've attached your new contract reflecting these changes to this email and a handy snapshot below. Please take a moment to review both and make sure you're happy with everything.
Quick recap of what you now enjoy:
Your new package now includes:
No new services have been added
We've removed:
No services have been removed
Here's how your changes affect your next bill:
Your next bill will be generated on 30th January 2021
Your next payment is due on 17th February 2021
Your new monthly bundle cost is: £29.00*.
Your next bill will be £28.34* which includes CR £0.66 to cover your changes up until your next bill period.
Your attached contract contains full details of your new package, plus all details and costs.
Any questions along the way? Find the answers fast in My Virgin Media. You can also view your contract any time you like.

Kind regards,

The Virgin Media team
* Just to let you know, this cost doesn't include any call or Pay per view costs. It doesn't include any outstanding balance, payment handling or paper bill fees either. Just your basic cost.
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Posted (edited)

The e-mail refers to "Your attached contract contains full details of your new package, plus all details and costs. "

 

Was the contract attached and does it provide any details as to annual price rises?

 

It is noteworthy that the price increase was timed to be implemented after the 3 month cooling off period had expired. Perhaps this is a coincidence, does the contract refer to any specific dates/timelines for any price increases?

 

The way the contract was agreed to may also be relevant but I would defer to someone with more experience regarding this aspect.

It may be helpful to explain how the contract was agreed to, perhaps by verbal agreement over the phone or by an electronic signature, or by simply allowing the cooling off period to expire.

Edited by FruitSalad1010
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I have now attached the attachment that the email refers to and hopefully redacted it properly.
They did send a letter yes to say they were going to increase the monthy costs but as I knew that we had an agreement to override any costs I just ignored it until today when I see they are actually increasing my costs in spite of what I had signed up for!

Broadband contract - reducted.pdf

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Hi Npap,

 

I did exactly the same - renewed my contract to avoid them monthly cost almost doubling.

 

I also rec'd notice of a small increase which I ignored as my renewal confirmed the price was fixed.

 

When I looked at my last bill, it said the cost was higher than I expected so I made an online complaint, telling them to sort it before the DD was taken. This was NOT done as they are so useless and they took the higher amount.

 

I'll have to speak to them to sort this and hope they agree to refund the overcharge. I had to email their |CEO Twice last year to resolve a complaint - they really suck when it comes to Cust Svs !!

 

Don't let them get away with this on your a/c.

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On a more helpful note, the reason I was not concerned about the small increase applying to me was -

 

I went online, clicked on lastest bill, clicked the top View Contract and this showed my contract remained at the level I agreed when I renewed last year.

 

Have a look on your a/c and see what you can find.

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So ......... after speaking to a v helpful CS Rep then a further CS Rep over 40 mins, I was told they would :-

 

1. Apply a rolling credit to my a/c from now up to May 2022 so I would be charged the extra £3.50 each month but get a credit to balance it.

 

2. Refund the £3.50 taken for the March bill.

 

This is a great result as the renewed contract was actually for £34 only until June 2021, then to £37 until May 2022. But now I'll pay just £34 right through to May 2022.

 

Well, at least that's what I've been told - just have to wait and see if the system reflects what I was told. I asked the CS Rep to confirm this in writing - here's hoping.

 

Check and see if your VIEW CONTRACT tab in the Bills section can help you in the same way.

 

Good luck

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Posted (edited)

The contract you posted does not refer to any price increases but nor does it explicitly indicate it is a fixed price.

 

The summary section of Virgin Media's terms found here states the following:

 

Quote

 

Changes to prices, terms and conditions and the services we provide to you – See Sections K and N

-  We may increase our charges under this agreement at any time. We may also change these terms and conditions and the services that we have agreed to provide to you.

-  If we do any of these things and the changes are likely to materially disadvantage you we will notify you of this and you can cancel this agreement by giving us 30 days’ notice in accordance with Section N, and you will not need to pay an early disconnection fee.

 

Section N of Virgin Media's terms and conditions indicate that you have the right to cancel if they change the price of your contract, which Virgin Media reserve the right to do.

 

The same terms and conditions also indicate you should be notified of any price increases before they are applied to your account.

 

It appears VM indicated the price would change in January so the qualifying period to cancel was up to 30 days after notification of the price increase. I am unclear as to why VM referred to a 3 month cooling off period as I can only find reference to a 14 day cooling off period once a contract has been agreed.

 

Cancelling the contract at this stage does appear to imply an early termination fee is owed unless it could be clearly evidenced the contract was mis-sold or that VM are in breach of the contract for example by not providing the advertised speeds.

 

 

Slick's suggesting to find evidence on your account indicating the contract is fixed wold be very useful as unfortunately none of the communication that has been posted refers explicitly to a fixed price contract.

 

One option would be to raise a complaint as suggested by slick132, which is unlikely to result in any action in time to prevent the higher direct debit being collected. If the complaint remains unresolved for a period of 8 weeks or a deadlock letter is produced you could then take the same complaint to the Communications Ombudsman. VM are likely to make every stage of the complaint process cumbersome but while the payments continue would have no grounds to move an account to collections or mark a credit file.

 

 

The second option, provided there is sufficient evidence to clearly show the bill (considered by VM to be a debt) is unsubstantiated, is to remain in control of such payments and cancel the direct debit when there is a disagreement in order to not immediately be forced to be out of pocket and in the position of having to demand a refund.

 

In my experience companies can be more responsive when they think you owe them money, than the other way around. This is likely to entrench the company's position and is usually followed by several threatening e-mails designed to cause alarm about accounts being referred to collections and the threat of having credit files being marked.

 

While marking a credit file may affect the consumer it also carries risks for any company that incorrectly marks a credit file as people have successfully claimed against companies should it affect the obtaining of credit in future.

 

Provided there is jusitification, indicating to VM that their claimed debt is unsubstantiated and in dispute should result in a halt of any collections procedures until the dispute is resolved.

 

As a show of good faith you could continue to pay what you think is owed until the dispute is resolved, this would significantly reduce the amount that is in dispute.

 

 

 

 

Edited by FruitSalad1010
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The real issue with VM is they're so totally rubbish at dealing with problems. If OP cancels the DD, it'll lead to major problems that will take major action to resolve. This can be done but it'll be a huge undertaking. See this case when you have time to read it - https://www.consumeractiongroup.co.uk/topic/428408-virgin-mystery-extra-line-2-judgments-for-data-protection-breaches-so-far/

 

So I strongly suggest OP does NOT cancel the DD for now, for various reasons.

 

 

Having now looked at OP's contract PDF in post #5 above (which I've only just seen), just do the same as I did in post #9 above and do what I did saying :-

 

You confirmed only 3 months ago that my contact would cost £29.00 per month until 13/7/22. You need to honour this to ensure I pay no price increase.

 

Otherwise I will take this as a formal complaint to your CEO Lutz Schuller, about Virgin Media's CS Reps being unwilling, unable or unauthorised to make decisions to correct VM account pricing errors.

 

Any amount overpaid so far due to a higher DD being taken should be refunded urgently.

 

Do this by phone and let us know how it goes.

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I will do as you suggest. Thank you.

 

Mind you that was what I did the previous year when they were going to raise my payments I was ready to leave and they fixed the price for another year. And this January they did the same and also mentioned that they would be a slight increase in March but that would not affect me. That was why I ignored their letter to say they were increasing the tarrif because I did not imagine that they would be trying telling me to ignore and only afterwards actually increase the  price on me... then when I point that out they say I did not call to cancel and complain and hence I am bound by their terms and conditions. I told them I will fight them to my death and take them to court about it if I must.

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Hi Npap,

 

Don't bother telling them you'll "fight to the death or take them to court".

 

Better with the VM CS Reps to stay calm and focused on what you want - ie for VM to stick to the deal they offered and which you accepted. 

 

If the person you speak to cannot help you, ask them to speak to someone who CAN authorise the change you need, or let you speak to that person. Tell them if they fail to assist and resolve your issue quickly, you'll go to the CEO's office.

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I rang and spoke with the CS rep who said they were able to reduce the fee to £31 for me. I said no it must be £29 and I would not accept that since I had a contract to pay only £29. They offered to open a formal complaint for an investigation that would take up to 28 days to be completed.

 

I accepted that the formal complaint be made and to be able to do that they needed to revoke my notice to terminate the contract that I had given on Friday, which would result in me being charged a £200 termination fee.

 

I must now await their next action.

I managed to stay calm and friendly today!

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no such thing as termination fees..

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I just received a phone call from someone at VM. They said that they are calling to let me know that they are going to honour the contract they gave me of £29 for 18 months with effect from today. I should expect an email to confirm this tomorrow.

 

They will also put a note on the account for me to be refunded the £3.50 charged today against my account but they are not sure that that specific amount for today will be given back but they will put a note about it.

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There you go !!  Great result.

 

Let us know if the email comes through confirming what they said by phone.

We could do with some help from you

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

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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