hello all

Would somebody be kind enough to let me know how to proceed with the following problem I have.

I was a customer with virgin media for 2 or 3 years before I cancelled to rejoin sky in May 2010.

I cancelled the direct debit with my bank and thought that was it. Virgin then contacted me to say I owed £116.07 in arrears. I was a little remit in dealing with this due to other commitments ( my daughter was born on 6th June and I had started my new company after been made redundent in April ) but I eventually paid the outstanding amount in October after receiving a letter from a debt collection agency.

earlier this year I received a copy of my credit file which stated I had a default notice against my name from Virgin media. I spoke to Virgin media and they confirmed it was for the £116.07 which was now settled. I could not remember ever receiving a letter to say they were going to issue a default against my name.

I have subsequently written to Virgin media on 4 occasions aking for copies of the original signed credit agreement and the default notice. They have basically sent me nothing apart from a list of times they wrote to me ( 3 occasions ) and times they called and got my answer machine ( 4 times and I dont have one ).

Im sort of stuck now as I dont know what my next move is. The default has meant I cannot change my car loan which would save me £100 pounds per month and also my mortgage.

Could somebody please inform me whom to contact next.

Cheers

Rob

How did you cancel with Virgin? Did you actually contact them and give your 30 days notice? Or did you just cancel the Direct Debit and assume that was that?

I signed a standard form with sky which they sent to virgin to cancel their service. I think this is standard practice when swapping over services.

I've not heard of this form, when I moved from Sky to Virgin just a few months ago I still had to cancel my TV and Broadband with Sky myself, only my telephone got moved over automatically as I was porting my number.

Have you checked with Virgin that they received this form? And more importantly have you checked with Sky that they provided Virgin with this form? Better still do Sky have any kind of proof that they sent it?

Hi Maxxpower

Dont know about the form or the cancellation. I do know, from correspondence Virgin have sent me, that they were still trying to charge me for services in june/july so they obviously didn't cancel as per my instructions. This is a little irrelevent though as I paid all outstanding monies as I must have assumed they were due. My beef with Virgin is not the cancellation time or the £116 it is the bloody default they have put against my name.

I'm not sure who's in the wrong with the cancellation or the charges I just know I have a default against my name which should not be there and I would like to know how I can get them to remove it?

Thanks in advance

rob

OK, Sky said they would contact virgin to cancel right? They only cancel the landline number, not the broadband or tv package, so Virgin will still have been supplying these. I think your issue is with Sky saying they would cancel the Virgin services.

Assuming that Robcat paid the outstanding balance (knowing that the payment was late as per the opening post) and the monies were due or they would not have paid, the issue is with the default being placed.

Services such as digital tv and mobile phones do not come under the cca so therefor no formal notice of default notice is required.

Normally the company will issue a bill or invoice stating that £xx is due by the 31/xx/12 and then at the bootm says that if payment not met then a default may be placed on your credit file.

Hi Idainfife.

Are you saying that they can legitimately place a default against me for late payments without having to issue a default notice?

Surely they have to follow some form of protocol before doing this? If, as you say, they can do this then Gas and electricity suppliers would be able to do the same thing?

Yes, a formal default notice like you get from banks and loans etc is not required from them as they are not covered under the cca.

Just a reminder saying when your payment is due and if not paid then they can apply a default, and yes thjis is the same for utilities like gas and electric as well.

I run my own business and as with any business I have bad debtors. I have to jump through hoops to get my money but also have to jump through hoops to even get them to court. Reminders have to be sent, offers of mediation have to be made and then formal letters stating if the debt is still unpaid court action will be taken. But Utility companies, Media companies and such can just bypass all this and place defaults against people. That doesn't seem right. I want that power to blacklist all the bad payers in my industry.

I'm sort of unsure where to go with this now. I've not really done much wrong but am now saddled with a default notice for 6 years which could in theory cost me thousands of pounds. that doesn't seem right to me.

As you have done nothing wrong, I suggest you write to Sky, Tell them their sales representative told you that they would cancel your VM account and now you have this default and asking if they will confirm to VM that this is an error on their part, and also tell VM that you were informed by Sky that Sky would cancel the VM account, and will they remove the default as you think it is unfair.

I would suggest you try to get this removed "as a gesture of goodwill". Keep asking to escalate the complaint higher and higher. Get your local MP to help aswell.

If this does not get things sorted I feel it would be a battle to take them to court, however the case of RICHARD DURKIN v. DSG RETAIL LIMITED and HFC BANK PLC was a similar battle, and ultimately ended up a win for the consumer.

Sorry to keep bashing on about this but I am really frustrated.

I have read Virgin medias t&c's and can find no reference to adding a default to credit files. If somebody else could check them that would be brilliant.

Will post a link below

I have also checked my phone bills and utility bills and can find no reference either.

What I cannot figure out is why Virgin have an entry on my credit file at all? British Gas don't have an entry and neither do Sky who are giving me the same service as virgin.

The way I see it is they are providing a service which they invoice me for and then I pay them (sometimes late!). This is much the same as a shop selling clothes or a contractor building a wall and neitherof these people can add an entry onto your credit file.

Does anyone know why Virgin have and entry but Sky do not.

All mobile suppliers do it, it's part of the deal they sign with the credit reference agencies to be able to search for peoples credit worthiness.

Sky don't add info to credit files

I cannot find either where the terms and conditions for VM allow them to report to credit files - it only says about checking files for entering a contract.

Hi everybody

Just a quick update for the record.

I have kept writing to Virgin asking for copies of my signed original credit agreement and also a copy of the default notice.

They have provided nothing except fobbing off replys.

I then complained to exquifax that they cannot provide this info and they should look into this.

Equifax emailed this week to say the default has been removed obviously as Virgin could not provide any info to them. This has taken Equifax just 6 weeks.

Keep an eye on your credit file. Let us know if anything changes. I still think that the error was more on Sky for not informing you correctly that you had to cancel your VM broadband and TV package.

Virgin Media do update credit files on a monthly basis, I've a few 1 month payment late markers myself

I have already checked my report (equifax sent a free one when they informed me what had been done) and its all green with a settled when I left Virgin.

My whole point about this is that they should not be allowed to have an entry on my CREDIT file as I am paying for a service and not obtaining credit. If they wish to credit check me before offering me the service that is fine but they should not be allowed an entry on my file as I have not signed a credit agreement, again I stress, they are only providing a service much the same as British Gas, Yorkshire water etc. who do not have an entry on your file as they are selling a product not offering credit.

I have seen a thread on here which had a link to equifax's terms and conditions or annual report. This clearly stated that the only entries to be made were for credit agreements and nothing else.

Anyway all I can say is if you have a dfault from Virgin media I would follow what I have done and hopefully you will have the same outcome.

Cheers

Rob

So whats the score when they inform you they have increased your credit limit, think mines is £170, when I get near to going over this they inform me and I have to make some sort of payment either in full or a part-payment.

Hi Marroondevo52

A credit limit is nothing to do with obtaining credit. It only means they want a payment when you reach a certain amount or they will withold services.I run my own business and have several credit accounts with suppliers each account has its own credit limit and once I reach that limit they require a payment before providing more goods.

I didn't know Virgin did this but it is exactly the same thing. You are not obtaining credit from them you have just reached a limit before they need a payment.

Cheers

Rob

Hi Marroondevo52

 

A credit limit is nothing to do with obtaining credit. It only means they want a payment when you reach a certain amount or they will withold services.I run my own business and have several credit accounts with suppliers each account has its own credit limit and once I reach that limit they require a payment before providing more goods.

 

I didn't know Virgin did this but it is exactly the same thing. You are not obtaining credit from them you have just reached a limit before they need a payment.

 

Cheers

 

Rob

Hi Rob, thanks for that, wasn't sure how that worked.

They have 'two' limits, a 'soft' limit where they can manually switch you back on and a 'hard' limit where they can do nothing at all except set their DCA cronies onto you - regardless of your circumstances or the fact that their bill is wrong.

This company need re-examining their packages as I know lots of people who have left due to the digital switchover and have saved money all round.

Thanks for all the information in this thread, its much appreciated for my case against Virgin.

I haven't been a virgin customer for 6 years and all of a sudden a default notice has shown on my account on 6th May 2012 . . . i called them as back in 2006 i advised i had to cancel services but i will make payment scheme to clear the balance, this was refused and i made a point of saying that they need to state this on their notes. All the notes say is i said "i have lost my job so i can't pay you". After this no letters were sent to myself, no phone calls were made and no contact was made from a debt collection agency. The person i spoke to acknowledged no effort was made to contact me regarding this. I got thru to a foreign call centre who said if i pay the bill now it will automatically clear which i just dismissed. I am sure this can't be correct, i have said i will pay the balance but take the default notice off my account but the foreign call centres didn't seem to understand what a default was on your credit report. I have also worked for the company since 2006 and nothing was ever mentioned that i had a default next to my name nor i owed any money.

I have been given an address to write to in Manchester, please advise if this is the correct one or if anyone has a better more direct address.

Thanks

Hi Baldy27

I wrote to and received letters from Virgin Media, Customer Complaints, Matrix Court, Llansamlet, Swansea, SA7 9BB. I wrote approx 7 letters but the majority of thew replies were just standard letters stating they aim to be in touch within 2 weeks.

Send them a letter giving them 28 days to send copies of your default notice etc. and when they dont raise a complaint with a CRA. It worked for me.

Cheers

Rob