MARTIN3030 Virgin Media charges ROUND 3

[hawk1979]

Great News Martin Well done on seeing it through to the end

[MARTIN3030]

But no payment yet so as far as I am concerned its still live.

If they dont sort it then they will find themselves having to pay a lot more-I will make sure of that believe me.

Lets be clear-Its MY claim,and so will be MY notice of discontinuence.!

[MickKane]

Hi Martin been reading bits and pieces of this thread. Im also with Virgin and have been for about 15 years.

 

Can I ask is it just the same process as reclaiming credit card charges and did virgin disconnect you when you claimed the charges back.

 

Thats one thing thats making me be a bit hessident about claiming them back as I dont know if i would pass a credit check to then have to move to sky (if you need one, i dont know)

 

thanks

 

Mick

[MARTIN3030]

Hi Mick.

Basically yes-the criteria is the same,you ask them to refund the charges as you do not believe they are in proportion to the costs.

You will have been with Telewest previously.

You dont say if you have account statements ?

If not then you will need to send SAR to get these.

Be clear of the periods for which you want the statements to cover.It may well be that they will not supply you with all (They may say for example that their archive only goes back to 2000)

Then theres the possibility of them challenging on limitation.I can help you with that if it comes up.

I posted a copy of my particulars of claim within this thread,theres also preliminary and letters before action.

 

I suggest you begin your own thread,so others can help and follow your progress.

As regards your fears on account closure,from the outset you have little to worry about.

Once you begin to ask for the charges back,then it will become needed to remind them that since you are in dispute,any adverse action will institute a complaint from you to the regulators-they are unlikely to take that chance once you have informed them.

Timing is the essence and so needs thought and care before you begin.

Feel free to ask if you are unsure of any part of the process.

[MARTIN3030]

To all those following my thread,I should add that settlement was made as agreed,including costs.

To be honest I have to say it was all fairly civilised in the end,and I should give VM some credit for that-certainly nothing like the average bank claim.

[MickKane]

Thanks Martin, yeah I was with Telewest prior to Virgin taking over, will Virgin have a list of charges that Telewest applied to the account if it was telewest that charged my account within the 6 years you can claim back.

[Bookworm]

Martin, save me from re-reading the 21 pages again.

 

How long did it take you from prelim to full payment?

Do you think yours was characteristic of the timescales anyone should expect?

And did you claim for both penalty £10 charges and the non-DD fees or only one or the other?

 

I really need to get cracking with this one, I think I requested my stuff 18 months ago and still haven't done anything with them. Shame on me.

[MARTIN3030]

Bookie the first claim took a little longer because Telewest played games with promised payments and cheques.I did include non DD payments in that claim.

Second claim was simple by comparison.

Basically theres the prelim the LBA and then the N1.

Much depends on the speed of the Courts.

But I knew that once a hearing was listed that I could approach them to settle out of court.I actually didnt deal with CEOs offices-I was dealing directly with VM legal affairs team.I told them I was prepared to discontinue providing they settled in full,and also included wasted costs,which added 75 Quid.

My suggestion would be to negotiate settlement on your terms ie give them 14 days to accept,once that litigation has started.They KNOW that you are serious at this point.

From start to finish then assuming that you hae statements,it could be done and dusted in around 8 weeks-but as I say,it is reliant on the speed of the Courts in processing your claim etc.

I was mistaken in failing to claim the non DD fees in the last one.But I am still aiming to do that one,its not a vast amount probably a hundred quid or so -but better in my pocket than theirs.

[Bookworm]

Thanks, m'dear, you are a prince amongst men.

[MARTIN3030]

Thanks, m'dear, you are a prince amongst men.

 

 

ooooooh if only Eversheds and Barclays Solicitors would say the same.

[VMsck]

A lot to read and didn't understand the legal procedures but its heart warming to see a customer win against VM.

 

I hate dealing with VM as it always feels a major task and leaves me feeling stressed at the end. But seeing this result has made me want to do the same. The tenner they want to charge me for late payment would be so much better spent on the request under the data protection act, so I can start towards getting late payment charges and the non DD fee's refunded!

 

I'm going to stay with virgin a little longer so as to make this claim easier!

[buzby]

Save even more money. You don't need a SAR to dispute or prove your over payments billed. Your monthly invoice showing the amount charges is all you need - it's quite easy to file them each month, knowing what you'll be getting back when you put them on the spot.

[emmaf01]

Thats ok from now on- but SAR them for every penny you have paid them in the past... and get them to refund the SAR fee while they are at it!

[MARTIN3030]

Agreed Emma-and if it does get to Court-a wasted Costs order will add a bit more for the trouble.

[emmaf01]

So are we all going to go for the non-DD charges now?

 

I thought they were more complex due to OFCOM (or someone) saying they were kosher?

[locutus]

Isn't that a bit like saying "the BBA says bank charges are OK"?

[emmaf01]

Are the BBA a regulatory body?

 

I just know some people have had a more bumpy ride with these.

 

How much does it actually cost for different payment methods? We generally pay by debit card (we phone up and pay there and then, not a standing payment). I know there is a charge for them for this- don't they pay 2.5% to the card processor? I'd imagine this could be passed on to the customer.

[MARTIN3030]

Ok here we go again.

Since filing my last claim theres already £60 in late payment charges.I am going for these plus the non dd charges for the last 2 years-in total then around £260.00

 

I will be filing the claim in the next few days.

My progress is thus;

 

Sent pre lim with charges schedule-got no reply.

 

14 days later sent LBA-afain no reply.

Emailed NB -he said he would refere it back to CS.

They write telling me no way.

I send NB email telling him I will be filing in 7 days.

VM bombard me with calls to discuss it but I flatly refuse to do so saying that it has to be in writing.

 

Will update as I go.

[havinastella]

Hey Martin,

 

I have sent my LBA and need to file for nearly £800 of non DD and late charges, Post up your N1 so I can copy you

 

Need finally chase these charges.

 

Jogs

[MARTIN3030]

Ok Jogs I think its here somewhere-the only differences between the two are obviously the amounts.

[MARTIN3030]

xxxx v Virgin media

 

Particulars of claim.

 

 

 

The claimant has an account for the provision of cable TV Telephone and Internet services,with Virgin Media-herein after referred to as the defendant,

account number XXXXX operated within their standard terms and conditions.

During the periods XXXXX to XXXX,at regular monthly intervals,inclusive,the defendant has levied charges to the claimants account for late payments to the account.The total amount being £.........Add or delete as appropriate.

Additionally,regular monthly charges were applied to the account for non payment by direct debit instructions.These totalled £...........and is deemed by the defendant to be a "Payment handling charge".

The Claimant tried to negotiate with the defendant to have these charges refunded,or alternatively supply a breakdown of their costs which would demonstrate the said charges to be a genuine pre estimate of its costs or losses in relation to the charges in the claimant breaching any of the terms.

Claimant wrote two letters one of which was a letter before action sent on xxxxx The Defendant has refused to refund the said charges or provide evidence to show that they are justified,or can be shown to be a reasonable assesment of their costs,that form the make up of these charges to the claimant.

Claimant believes these charges to be a dissproportionate penalty,and therefore are unenforceable being contrary to common law.Additionally the claimant believes they are invalid under the unfair contract terms act 1977 s4

Also, that they are unfair under consumer contract terms regulations 1999 para B sch 2.1.e

In the event that they are not a penalty,they are unreasonable within the meaning of the supply of goods and services act 1982 s15.

The claimant recieved a telephone call from the defendants chief executives office on XXXXX which gave a final response that no charges would be refunded,and that no breakdown of its costs would be provided to me.

The claimant has given the defendant a further 28 days to reconsider,but unfortunately their position remains the same.

Reluctantly therefore,the claimant seeks no alternative than to file this claim in the county court.Claimant believes they have followed pre action protocols in this matter.A schedule of the charges is attatched,the defendants have previously been sent copies of this schedule on..............................Claimant therefore seeks recovery of these charges.

On judgement being awarded against defendant,claimant seeks statute section 69 interest from the earliest charge to judgement ,which is currently XXX and at a daily rate of xxxx Claimant accepts this is at the discretion of the court.Additionally the claimant seeks reasonable costs incurred by bringing this action.

 

 

I believe the facts stated in these particulars of claim are true.

 

Full name;

 

Signed Claimant

 

Date

Edited April 2, 2009 by MARTIN3030

[MARTIN3030]

Edit ammend or add to as appropriate.

[emmaf01]

So does that POC cover both the non-DD/Payment handling Charges and the late payment charges. It just seems to cover the late payment charges.

 

I've added up nearly £300 of non-DD charges and a couple of extra late payment charges now, so I'm looking to go for them next, hopefully. Chief Executives Office here I come. They shouldn't annoy me so much, but they do!

[MARTIN3030]

Ammended now.

The charges should be written on the POCs as they appear on the VM bill-hence the non dd fee should be put as "Payment handling charge"

The same goes for the description of the charge on the schedule.

Otherwise VM will cite that the POCs are not properly particularised.

[itsamomentintime]

Martin

subbing, fight the good fight my friend!