Warrant executed and second claim submitted- £102 to do both-I'll definitely get Virgin to pay for those. And on my credit report,they have now marked both the payment for the handset and the payments for the second line as being in default...

Shall I send the letter about the proposed warrant or just proceed to MCOL and execute it? Also how much should I sue for on the most recent disclosure breach? The first was £200 plus fees, as this is the second one this is not just an oversight but a continued breach so I feel it should be escalated to reflect the more egregious nature of their failure.

I sent the letter of claim set out in post 86 giving them the five days extension-that is what was sent on 11/1 (just realized that 11/2 was a typo in the previous post) and has not been replied to at all,so they have missed the deadline . The SAR relating to the second handset was included in the demand for full disclosure in the last paragraph of that letter.

So they have had their five days plus their extra deadline and the only thing to come from Virgin is a deafening silence. Next step I assume is to send the warrant letter- on MCOL I can just go ahead and issue the warrant there (which will be an extra £70) as they have neither paid the judgment nor provided a good explanation as to why it remains unpaid. Is it worth beginning another claim against them for noncompliance as they have still failed to fulfil their obligations by providing all the data? Just to keep all bases covered I actually modified the last paragraph of the letter sent on 11/2 to include the second handset details so it stated 'Therefore if I do not receive full disclosure from you(including all notes and correspondence you have regarding telephone number [Second handset line]) by XXX date [original deadline +5 days] I will sue you in the County Court and without any further extensions and without any further notice.'

Excellent. I shall send the letter from post 86 (with dates added in) today and then the warrant on about January 21. Today l received a letter from them stating they were investigating my complaint and to give them 28 days to reply. As it was a) undated and b) did not specify what the complaint was it appears to be another boilerplate letter designed so Virgin could say they had attempted to contact me to deal with the complaint.

Well I know for certain that the 'signed contract' for the second handset has not been disclosed, meaning it either doesn't exist or has been omitted. Just one small point- the judgment itself was executed on the 16th December(it arrived on the 19th) so the 30 days would make it up to 16th January. And for your entertainment, between these last replies I had an email from Virgin stating they are sorry that I have closed my account and would I like to give them feedback on how their team did and the service I received. I think my answer would be substantial and too not appealing to them...

Oh heck I'm sorry-I've just realized that the answer I had typed out and put up on Monday hadn't actually been saved for some reason and that's why it appears that I haven't bothered to reply or lost interest-far from it. I hadn't received any new notifications for a day or two but particularly with lockdown coming in I assumed it was just keeping quiet for a while. Here's what should have been posted: Since they still haven't satisfied the SAR request and it will shortly be 14 days from when the request was made, rather than giving them just a nudge,perhaps it may be worth while putting in another claim via MCOL for failure to fulfil their duty, maybe upping the amount claimed as this will then be the second time I have had to make a claim and as such is not just a one off lapse but a pattern of repeated failure to comply with the request. I think you're right in that we should leave the bailiffs aside-if I were to threaten them immediately it would just give them notice that they had slipped up and give them time to remedy the situation before the deadline-after all why should I be pointing out their failures to them and helping them fix them? Either they have not noticed they haven't paid this judgment or they have noticed and do not intend to pay it-either way will reflect badly on them. I shall follow up with that letter as the boundaries have now changed- the letter on the 22 December was telling them they have failed to supply the data at all, now they have supplied some data but it is incomplete The second account has had some details disclosed as it has been attached to my main account-but just basic details and most tellingly they have disclosed that in the Account Marketing Consent that the handset details were added to the account(supposedly) a year before I allegedly purchased the handset.

Super-many thanks for all the assistance! I also note that on my credit report, the score has gone down as the second-handset payment is still being recorded as arrears and is now showing as a 'negative factor'.

16 December:Judgment entered against Virgin by default 19 December:Proof of judgment received from Northampton 22 December:Letter of claim sent to Virgin. 24 December:Virgin emailed partially complete files in response to SAR request. Nothing has happened since then.

Happy New Year- it seems that the items are not so much completely missing as incomplete so there can be no excuse that they are somewhere separate. So far I have found that they are deficient in: Bills-August-Dec 2018 not included Emails to Customer-Only one included(I have saved all these and there are approximately 60) Webchat Transcripts-Only Oct/Nov 2020 included. Complaint History-Only from May 2020 included. Calls to customer-Only 5 included,of which one is missing the second half. Signed contract for handset-Not included. There are two other pieces of evidence that support my claim-in their notes included it states they are unable to supply the signed contract and in the Account Marketing Consent the date input for the new handset number contradicts the date they state I bought it. I have not heard anything from them since the judgment was granted.

Had a sit down after Christmas has gone and looked through it more closely. To clarify the previous post, the file arrived without any reference to the existing claim or judgment-when I opened the file one of the documents inside was titled Complaint History and another was Contact History. The file very much appears to be incomplete-the vast majority of it comprises bills and documents such as 'Mobile Glossary' or 'Details of Devices' which have no real bearing. There are only 4 1/2 calls that have been saved(Call 1 only has Part 1-Part 2 has gone AWOL) and there is no mention of the signed contract-in fact one of the notes appears to state explicitly that 'we can not provide the signed agreement'. Interestingly, in the Account History section, it has recorded the second handset number as being input in 2018-a year before I allegedly made the purchase.

Virgin have finally sent something in reply to the SAR. It is all in email format and since it arrived in the early hours l shall have to go through and see what's included. From first glance it appears that conspicuous by its absence is the signed contract for the handset..still. l did try responding pic as pdf but just got same result..l shall try later on on computer rather than phone. No cover note,no reference to any claims,no notes from anyone. Just first email stating what I had asked for and that the link necessary to download the data would be sent separately: and that authorization codes sent to my phone to enable me to access them-which is where we were before. This time,the link and codes both arrived correctly. It appears to be predominantly pdf's of bills although Complaint History and Contact History files should be worth a peruse through.

Oh no I haven't sent Virgin any documents. I was referring to the letters before action-'if the SAR is not sent by this date, I shall put in a claim' or 'this SAR is now outstanding and you have breached the GDPR regulations' being sent by recorded delivery. Everything else to do with the claim has gone through MCOL. The judgment is rather uninteresting to see but a welcome addition to the files.

Confirmation of judgment received,entered against them on 16th December-received on 19th December,so a nice speedy arrival from Northampton. I'm sending them all by recorded delivery mail so there's no chance of them getting 'lost' or 'never received'. When I put in the next claim do I have to disclose that there's already been a judgment entered in this case and that this has neither been paid nor the SAR details received yet? Not sure if MCOL will automatically record that there is an outstanding judgment on the claim already.

I'm quite happy playing the waiting game and it was a good job I did as Thursday has brought three activities: Firstly, Stuart from the Executive Office rang to ask I was prepared to take their written offer of £500 to cover handset cost,claim sum and fee and DD payments, with the second line and handset to be cleared and cancelled, and still op en to go to FOS. I declined as a)the SAR had not been complied with-apparently this is 'being progressed' b)the second occurrence was I received an alert on my credit file:a negative marker will be placed on there as the account status has worsened due to Virgin reporting the payment for the second line and handset as being in arrears, and their offer contained no mention of cleaning up credit files or removing these arrears. They also seemed blissfully unaware that the judgment had been entered for their claim- without any reply or defence from them-so I was not going to enlighten them to this fact. Thirdly, I received an email for them about my DSR request which they apparently received on 26 November- as I reminded Stuart vehemently, it should have been progressed in March or April and has been in that state since. I shall be prepared if they try to supply the data and then claim it was within the time limits using 26 November as the starting date. So I am more than happy to just wait until the judgment rolls in with the Christmas post-as soon as it does,I shall get the next claim put in for continued failure to comply.

MCOL finally got its backside into gear today and allowed me to proceed with it so judgment by default has now been applied for. Still no word from Virgin and no sign of any SAR data...

OK the hour has struck and all I have received from Virgin is another letter today dated 19 Nov(!) in which they state they are still investigating my complaint. Nothing else-I've attempted to claim judgment on the site but it says you cannot claim judgment by default until the correct number of days have passed,so I shall try again tomorrow.

Nothing has happened with the moneyclaim account. Yes-I would be happy to take the £225 for the claim fee and reject the rest-especially as the SAR has still not been complied with and the payment of the claim amount does not relieve them of the obligation to provide it. It also gives us the benefit that time of the essence on their side-if we can get a letter put together that can be sent tomorrow, that can be taken to arrive Friday-and the clock stops ticking on the claim at 4pm on Friday for them when I can get judgment- and if they still haven't complied, then we can just immediately issue another claim. Your assistance has been greatly appreciated as always

OK in a succinct summary: *Offers from Virgin(Stuart/Executive Complaints) 4 December-verbal offer of £250 to cover handset cost,claim fee and DD payments-no mention of credit files being cleaned.Still open to go to FOS.Rejected 4 December-written offer of £500 to cover handset cost,claim sum and fee and DD payments-no mention of credit files being cleaned.Second line and handset to be cleared and cancelled.Still open to go to FOS. *Apology:mentioned in conversation,but not in written offer. *SAR:Claim for non-fulfilment expires on 11 Dec at 4pm. The only reference made to this claim so far is that the written offer of £500 will include the £200 sum claimed and the £25 fee for their noncompliance.No mention has been made as to when or if they will comply.

The only written offer I have had is the £500. They did call this morning but didn't have anything extra to say for themselves except for the two contradictory statements about the Notice of Arrears when I told them I had received that. This would not be full and final settlement-I would still be able to go to the Financial Ombudsman and I would still be putting in further claims(escalating in value each time) if they fail to fulfil the SAR. As you state that £750 is ridiculously low, what amount would you consider an acceptable offer?

OK I was actually about to reply to this earlier today when we had two developments. The post arrived and brought with it a Notice of Arrears under section 86B of the CCA 1974 (Yippee!) for the second handset and I got a text saying they had come up with a resolution and would call to discuss it so I held fire on posting until I heard what Virgin had to say this time. Initially I was told this Notice was system generated and so it would be stopped...however later in the conversation I was told this wasn't the case and it would continue being reported as in arrears until an agreement was made. Until this happened, they could not do anything to my credit report. This arrears would continue to appear and show as a default and the other defaults for missing payments would still remain on there. It would be in 'my best interests'-(ha!) to accept an offer as soon as possible My counter-offer therefore will be £750- £204 for the handset, £200 for the claim, £25 for the cost of filing the claim, £18 for the money incorrectly taken out, £169 for the cost of the new handset I had to take out when I joined Three as I was denied a free one because of the incorrect defaults from Virgin on the credit report: totals £616 and then rounded up to £750 to cover the distress done as a result of incorrect credit data and as an apology. All adverse markers on the credit report to be made good so that my credit is not impacted by this,any Direct Debits set up to be cancelled and not restarted and the second line cancelled and cleared so no more payments are taken. SAR request to be fulfilled as this is still outstanding And of course, all to be confirmed in writing by Virgin. Just one question needs clarifying: by 12 December when the claim is due to end, if they have not supplied the SAR details then I am able to issue another claim because they still haven't fulfilled that, even if the amount of the claim has been paid?

No reference at all to the SAR- it's a little difficult to tell from the wording if it will be cancelled and cleared regardless or if it's part of the offer.Here's the exact wording

Stuart from the Executive Team called and was told that I would only discuss items in writing once the agenda had been set. If they had an offer, they could send that in writing and I would consider it. Their first offer was £250-£204 for the handset, £18 for the money that's still been taken out via DD for line rental, £25 for the cost of the claim and the rest (£3!!) as an apology. That received a snort of derision and they were told to try again with a half sensible offer. I have now received an offer by email for: £500- £204 for the handset,£18 for the money taken out, £25 for the cost of the claim, £200 for the value of the claim and the rest(£53) as the apology. The other line would be cancelled. There was no mention of making my credit files right or compensation for the distress I have suffered as a result of the incorrect markers on my file.

I was basing my approach on a previous attempt before I was with CAG when I had multiple problems with a telephone company-once the executive level got involved and they could see I had a fully corroborated account of all the problems, they caved immediately and admitted full responsibility and offered substantial compensation which I got in writing. Like Candide, I was hopeful that the same approach would have the same results here but perhaps I just got the one company that had the common sense to realize their wrongdoings and not put up any resistance. I still learnt to document everything and make sure everything is accounted for in writing, but am happy to take the advice of the various Panglosses who have seen more of these cases than I have and have met more intransigent or underhanded companies. Having read through BF's advice, I think the starting point will be to send an email asking them to set an agenda of what they wish to discuss and what if any offers they are prepared to make. Once that's set in writing, the various excellent brains here can consider whether it would be an acceptable offer. It will also set down any excuses they will be raising to try and justify their behaviour, so they can be dealt with then and doesn't give them the chance to try and excuse themselves later.

It seems someone has woken up from hibernation and I have received an email from Stuart at the Executive Resolutions Team who wants to call tomorrow to speak about the complaint. As I've learnt from other bods on here, if I do speak to him on the phone I shall 100% insist on everything being in writing too so there can no room for any 'mistakes' or 'misunderstandings' about what has been said.