Received and replied to. I have now to reply to Virgin's defence by May 4 stating whether I want it to go through small claims or another track and whether or not I agree to mediation(which I think should pretty much be a given to agree to).

*The shop closed for lockdown in March 2020 and never reopened-it was confirmed in June 2020 that none of Virgin's high street stores would reopen. So last day of trading was sometime at the end of March 2020. *That is indeed where I bought my legitimate handset *None of the SARs have so far produced my own legitimate credit agreement, but I still have a copy of the order details and purchase summary stored in my emails.

POC in post 221 are correct. With reference to the SARs in post 222.-In their defence they claim 3 have been submitted and each 'responded to fully' Mar 2020(replied to in June 2020),Nov 2020(replied to in Dec 2020) and Jan 2021(replied to in Feb 2021). A fourth SAR was rejected in October 2020 as 'not following procedure'. However,these were either inaccessible or lacking data. The latest SAR was submitted in Feb 2021.Despite email acknowledgment of them receiving it(17 and 22 Feb),I have not received any reply and it is not mentioned in their defence.

OK here's everything-afraid it took a bit longer than I expected-not helped due to having to race into A&E overnight and then the computer deciding to delete my whole file and replacing it with something blank!! The store-this is the first time they have specifically named the store-it was Exeter(my home city).The problem we have with that is that when the lockdown hit in March 2020,that store closed for good and has never reopened. The defence is vague and generic and does not respond specifically to my claim except to ask to have it disallowed for 'acting unreasonably in issuing it without engaging in pre-action correspondence'. I change my signature regularly as a security check-if I have a specific signature for a time period then it makes it easy to tell when documents etc were issued-this normally changes when I move address(every 2/3 years or so). On this occasion as it had not been changed for almost 4 years, I opted to change it on 1 January 2020. Since then all new documents and details have been using the new signature. I've included their defence points and my comments as instructed. VirgDef2.docx

Sorry for delay-we had a bit of a health scare here. I've gone through and tabulated them and there's a couple of things that leap out. *They have ignored all the pre-action correspondence including two previous CCJs-one of which was actually paid. *The dates for the SARs are incorrect even according to their own records as web transcripts and letters show that they do not mesh up with the dates given. *They claim that I failed to make payments from 4 November 2019-bank statements show this to be incorrect as the DD payments went out in November,December and January. *For the first time they have actually identified the store where the phone was sold. *They admit that the SIM card for the mystery phone shows no evidence of ever having being used at all but get round this by claiming that I used a different SIM card with a different provider-again bank statements show that I did not use a new provider(with a handset they provided-and have receipts for) until after the contract had finished. And then the Court sent their copy which includes everything including the portion left out of my copy including what Virgin purport to be the signed Credit Agreement. I can see why they did not send me that section as they have fallen into a killer trap. I changed my signature in 2020 and the only documents Virgin have with the 'new' signature on are the cover letters I sent with the SARs. If they used that signature from the cover letter to put on the agreement it would be instantly obviously as it would be the 'wrong' one-which is exactly what they have done!

OK we have various bits of a defence-even though it states 'By post and email',nothing has arrived by email and the postal arrival has been filleted down so it's more slender than it should be. I wasn't able to get them into PDF format so I'm hoping JPEG will work as well. There are several points that I have noted straight away from their defence- *they refer to no other correspondence apart from the SAR's'-yet I have ample evidence of correspondence with them both by mail,phone and webchat *they state that payment has not been made since November 2019-their account ledger itself states a notice of default was issued on 2/1/2020 with the default date on 3/2/2020 and yet I have evidence from my bank that DD payments were taken until February 2020 when it was cancelled. *most confusingly, their defence is dated 6 March 2021- some ten days before the claim was actually submitted! They also include a credit agreement which goes through sections 1-6 and then lays out the pre-contract credit information and then rather confusingly hops from section 6 straight on section 11 so something has been omitted or misnumbered either accidentally or deliberately. Shall I upload the credit agreement and account ledger too or was it just the defence you needed to look over? virgin sar defence.pdf

So Virgin filed their acknowledgment of service on Apr 1 and their fortnight is up to submit a defence. I have heard absolutely nothing from them apart from the tumbleweeds rolling down the streets, a coyote or two howling on the lonely plains and one copy of their acknowledgment of service which arrived on about April 5. Having checked Moneyclaim this evening is it now stating 'a bar was put in place for Virgin Media 15 April, Virgin Media filed a defence on 15 April, DQ sent to Virgin Media 15 April'. Do I just wait and see if their defence turns up as I have no idea what it will be. And what are a DQ and a 'bar put in place'?

Another bit added to the puzzle... I had filed a Dispute with Equifax three weeks ago- it has been updated with the finding that since Virgin have stated that the information is correct it will remain there. Most entertaining with Virgin's reply stating that since they issued the Deadlock Letter (this would have been last summer) they have received no communications from me and do not know what I want them to do. I can assume that in that case the three members of the Executive Team who rang me in the last three months were just bored and wanting to pass the time of day with a random customer... I love it when they get caught out and you can point out 'you managed to reply to a letter,dealing with all the points raised in it, when you claim that you have received no correspondence from me. Your company's predictive skills must be amazing...'

OK Moneyclaim has now updated itself and it is showing Virgin as having filed an acknowledgment of service on 1/4 so that should give them until 15/4 to do something....

Quick question-does the date that Virgin have to reply by include holidays or is it standard working days? Their deadline is the 5th which is Monday.So far I've heard nothing from them.We won't get post for the next two days being Easter Day and Easter Monday and as the offices will be closed Easter Day and it's very unlikely they will respond on Easter Monday then their time will have run out-again! Or is it best to wait a day or two after in case something turns up and they claim it was sent well before the deadline but was delayed due to the holidays?

Well since they haven't specified how the legal team will contact me I shall just wait. They've already used one week of their weeks to answer the claim and haven't done anything so far... At the moment, it's a win-win situation for me-if they reply with an offer worth taking, I shall consider it. If they don't, then I just wait for the claim to become a judgment and collect the money.

Voicemail from Beverley from the Executive Office this morning. Apparently,their legal team will be reaching out to me soon. Based on previous experience, I won't be sitting hunched over the phone in anticipation...

This is starting to become rather tedious-another email from Virgin with my Data Access Request reply. This one contains absolutely nothing new(in fact even less than in the last one)-the same 9 calls as last time,a Mobile Glossary, and two files:Contact History and Webchat Transcripts which were last modified in February and only contain conversations and contact up until the end of January. And that's it-rather pointless them sending it since I have already have all the information supplied here.

Happy news! Cheque for Warrant 2 (£302) has arrived in the post today Now to put in the N445 form to switch addresses for Warrant 1 as well...

Claim submitted for £610 on Tuesday night, just slightly adapting Bank Fodder's excellent suggested wording. 'The claimant submitted a valid Data Protection Subject Access Request to the defendant on XXX Despite being fully aware of this and acknowledging the claimant's complaint on several occasions,the defendant has failed to submit a complete disclosure. The claimant has extended the compliance date twice with no effect. This is a continuing failure by the defendants of their statutory data protection obligations, who have already breached two previous subject access requests and as a result have had County Court judgments awarded against them. As a result of the defendant's failure to completely provide the personal data held about him and his account,despite being granted two time extensions,the claimant has been put to great trouble and has suffered enormous distress which has continued for a considerable time,and according the claimant seeks damages of £610 plus costs.' Letter arrived this morning from Oxford County Court confirming it has been accepted(at least they're nice and speedy) and Virgin have until 5/4 to reply-any bets on whether it will be silence or a random generic letter?

Does the £600 threshold for the sheriffs include court costs? Could I put in a claim for £550, add on the £60 court costs and still qualify?

Update : Letter was sent off on 11 March giving them 5 days to reply with the documents(specifically anything that is a signed contract for the second handset or anything that shows my agreement to take it out). This morning a Virgin branded car pulled up outside and a Virgin man arrived with a letter- which turned out to be another generic 'We're still looking into your complaint and will be with you in a few days to tell you what's happening next' letter. So they have failed once again to comply with the SAR or produce anything showing I agreed to the second handset. Oxford County Court has confirmed that the payment of £302 for the second warrant(sent to their head office at Reading) has cleared,the cheque will be sent first thing tomorrow and will arrive in the mail by the beginning of next week. To clarify exactly where we are Warrant 1(sent to Sunderland): unable to find anyone to receive it there, should use a N445 to transfer it to Reading. Warrant 2(sent to Reading):cheque is in the mail from the court. SAR requests-still not complied with in full,failed to meet deadline for last letter before claim.

Yes I was referring to the first warrant. And the postie has brought-another letter(undated) from Virgin... 'We're still looking into your complaint and will be in touch in a few days to talk about the next steps-we're sorry it's taking longer than usual. Because your complaint is now 8 weeks old,you can choose to have it independently reviewed by CISAS'. I'm sure the trees of the world are benefitting greatly from their many generic letters...

The SAR is missing anything with my signature or proof it was me that took out the line.Virgin-despite saying they have a signed agreement-have never produced any invoice,agreement or contract at all let alone one that shows it was me who agreed to it.They have specified the date the phone was apparently bought(Aug 2019) but are unable (or unwilling) to say where. Interestingly, in the details I have received under Account History,it shows the date for this second line as being Aug 2018-the same time I purchased the original phone. It appears the line already is blocked as a quick call to it just produces the message 'Calls to this number are not being accepted.If you have dialled correctly,the number is not available on this network'. Next tasks are to resubmit the first claim from Sunderland to Reading, put in a third claim as they have still failed to fulfil the SAR, but whilst we're trapped in this cycle of submit claim->they fail to fulfil SAR->submit new claim it is still sitting on my credit report as a default.

Here we have it... Yes they had supplied an IMEI number, I just redacted it on the first one but I think we're past the point of worrying about identifying details. The phone number is exactly as they have supplied it-they put the stars in not me. VirgPurc2LB.pdf

*So this morning has brought- two identical emails thanking me for my SAR which they received on 22/2 (is it any wonder everyone's getting confused working out which SAR is being responded to when-this is why I have my paperwork in immaculate order...) The letter before claim for the SAR for the mystery second line expires tomorrow-and they have replied! This is their beauty that they will be relying on for proof of purchase! I particularly like the fact in the second line, they even say they can't supply an original invoice. It appears to be some generic document to supply to an insurance company.. Tomorrow is also their deadline to confirm they have stopped processing my data or explain why they have the right to-or it's a report to the ICO. Meanwhile, Sunderland court have confirmed that since I was able to get payment on the second claim at the Reading address, I can transfer the first claim over. Have filled out my N445 form-just not quite sure how to send it-does it need to be emailed or mailed as there appears to be no option to send it automatically.

Not so far no.

Yes,the last letters I have received dealing with my complaint and SAR request all explicitly state Complaint Reference:xxxxxxx Telephone Number: <the unknown line>

Their SAR time limit for the mystery line expires tomorrow-and today's post just brought an undated letter saying they are investigating my complaint and will be in touch shortly...

My credit file was clean before this-the only missing payments or problems are those with Virgin. I did address the question of the number of the mystery handset in the post above-it just gives out the message stated. I shall get in touch with Sunderland Crown Court about the first claim-the chap from Reading said if it was their area(South East) it would be able to be as you now have an address where it is proved they could be served, but he didn't know if it was the same in every area. Obviously, it is not just a change of address but also a change of area and so a change of court that will be dealing with it.