According to MCOL,the claim was registered as issued on 23 November so that makes it 12 December by my reckoning-I wasn't sure if you counted the 14 days from the 5th day or the day after so I went for the latest possible date.

Virgin have sent a lovely standard boilerplate letter. So generic they couldn't even be bothered to put the date on it... letter.pdf Just bumping to say this has not been forgotten-nothing has happened except for the tumbleweeds passing. Virgin have until 12 December to reply to the claim-if there's no reply by then I can request judgment.

Well it's winged its way off this morning maintaining the original £200 as the figure and the original POC that BankFodder outlined in post 21. Particulars of Claim

Just making sure all ducks in line-I don't want to find out there's a vital thing missing that I should have done before claim goes-it will be dispatched as soon as Moneyclaim gets itself sorted out-apparently it's unavailable due to updates for the last couple of hours or so.

And so we have reached 15 days with no sight nor sound from Virgin,so shall I just issue the claim using the wording in the last post?

Caveat removed and since having studied your wording,it fits very well,I shall use that verbatim without adding anything that may assist them. Particulars of Claim I had an account with the defendants reference number 078xx xxxxxx[redacted] On 13 Apr 2020 I submitted a subject access request pursuant to the Data Protection Act 2018. The Defendants breached the statutory deadline of 30 days and failed to make the disclosure and this failure is continuing seven months later. The defendants' breach of their statutory duty and my inability to access my personal data has caused me serious issues and distress. The claimant seeks damages for distress £200. (Hoping this post will go up since the first attempt,even though it showed as having been posted,did not appear to actually have gone through...)

All completed-used your wording(adding the caveat that they have also acknowledged the request so they cannot deny having received it) and making sure to not tick the box I was told not to. The second section outlining the distress I did not mean to be included in the particulars of claim just yet, but was to highlight some of the major points of distress in a brief outline as you requested. Now we just have to wait for any sort of reply from Virgin-if I don't update for a few days it's not because it's being neglected but simply that there's nothing to report until we hit the 15 day mark. And so to bed.

One little brief set of particulars : I submitted a Subject Access Request to Virgin Media on 13/4/2020 which they acknowledged receipt of on 20/4/2020. They have failed to comply by submitting the data requested and passwords in a timely manner and failed to comply with my request to stop processing my data once my contract had ended. This is a breach of GDPR regulations and has impacted my credit report, causing me distress and embarrassment. They have also charged £200 for a second contract and handset which they allege I have taken out without providing any evidence of this. As to distress: This has now been recorded on my credit file causing me distress and embarrassment and the threat of debt collectors pursuing me for the £200 due on the alleged second contract. This has also created a great deal of inconvenience in terms of time and money(in postage and phone calls) in attempting to deal with a situation that is entirely of Virgin's own making. When attempting to sign up to a new phone provider, as a result of the incorrect information on the credit file, I had to purchase a new handset for £169 in order to be able to be accepted instead of being able to obtain a cheaper or free one.

Letter sent recorded delivery. Today I will be registering on Moneyclaim and start preparing- the last 2 days have been getting the shop shut down for lockdown so now that's dealt with I have plenty more time to manage this!

That is correct -this is the SAR I sent them in April 2020 which they only partially responded to in June 2020. For what it's worth I included the section specifying a contract with my signature as I knew there was no such document. If they sent nothing, I would have it in writing that no such document existed. If they did send something I knew it would be a forgery-either result would have them on the hook.

Hi BankFodder, The narrative is correct with the following clarifications: you queried this with virgin and they said that the handset had been bought at a shop so that they can give you any details They stated that it had been purchased at a Virgin shop but either could or would not be more specific than 'your local shop' seat racing to catch up you are claiming victory US-based it was only by June that they responded with a disclosure but which was not accompanied by a password so you could not access it. The second half is correct-I'm afraid the first half must have got caught by a rogue spellchecker as I can't make it out. The three letters already posted are the only paper reply I have had. The four files here are the only email reply I have had -I note that although it clearly states they received it on 15/4 I have screenshots from Virgin's chatlog stating they did not receive any SAR request on this date. The SAR is included(with identifying details redacted).The default has been registered on my credit file-as I have not applied for any credit since January I cannot determine what effect it has had. I read your post in the voice of Alan Rickman as Snape -I shall have to shed my natural Hufflepuff kindliness and invoke my inner Slytherin. Msgs.pdf SAR1342020.pdf

Apologies for the delay-Cornwall is a bit wet and windy and signals disappear frequently. The Information Commissioner has registered the complaint and it will be allocated a case number soon. I gave Virgin a week to reply and I received the following which are quite simply baffling. As I now have some time off with lockdown, I intend to get the letter of claim sent off in the next two days. Any help pointing me in the right direction with what needs to go in muchly appreciated. (That's the entire contents of what they sent me-no cover letter ,no explanation, nothing else) docs2.pdf

These are the two incidents from Virgin Chat where their Live chat has informed me of the 'only 3 months' decision.... 15 April was the date they acknowledged receipt of my SAR. Apparently anything from before that date can't be included! docs1.pdf

In August 2018, I took out a 2 year contract with Virgin-pay monthly with handset included and payment by DD. Everything went fine until February 2020 when a new second DD appeared for £6 with a number that I did not recognize-as it was clearly a mistake, Virgin refunded the £6, I cancelled the DD. In March 2020 the DD amount had been added onto my main account as a second line with handset. There were now also details of a loan in the amount of £204 for purchase of the handset. I asked for details of this handset-what type it was, where it had been sold, any evidence that I had purchased it, any documents with my signature on. Virgin's reply was that 'I had bought it at my local store'(they couldn't specify which one) and that the fact I had a handset(I have not received anything) was proof that I had signed to this. In April I put in a SAR request for any documents showing that I was responsible for this. It took until June for a reply(I was generous with them because of the coronavirus) when files were sent, but there was no password included to actually access the files. Repeated requests for it got nowhere in August the contract terminated and I moved to 3. However, Virgin still had me registered as a customer on a second line and are attempting to take money out via DD which is now showing as a failed payment. They also have a default on my credit report for the £204. I repeatedly requested the password but this was not supplied, Virgin stating that they had fulfilled the SAR by sending the files, whether or not they could actually be accessed. Finally on 29/9 I was promised the password would be sent to me by text message within 3-5 working days. When that didn't arrive, I was told once again that they had fulfilled the SAR and that if I kept asking for the password, the SAR would be rejected as 'repetitive demands'. Then I was told they would supply the password, but it would take up to 30 days. Today I have been told that my SAR has been rejected(no reason given) and that they only have to supply data from the last 3 months. I am desperate to get this removed from my credit file, Virgin have provided no evidence, refusing SAR requests(sent by email and mail) and are now in breach of GDPR for failing to provide the data in a timely manner. Any help on what my next step is to proceed will be muchly appreciated!

OK gang any help very much welcomed. October 2018 I got a letter for DrydensFairfax regarding what appeared to be an old student loan.It was literally half a piece of paper with my name and address(incorrect) and one line stating Date.... Amount Owed....Credit... Debit....Total. Nothing more-no details as to how it was made up,where it had come from,any contact details.I could have given my 6-year goddaughter half an hour on Excel and she'd have come up with something more professional... Wrote to them to tell them I was disputing it and they would have to provide more evidence than that.Did not hear any reply back until this weekend when I received their we-may-take-you-to-court notice.Letter I sent telling them it was still in dispute was returned refused. No email contact accepted. As I have my trusty phone recorder I bit the bullet and called them. 9 times with wait times of up to 40 minutes-never returned any calls. When I finally got through and told them it was in dispute,the call was terminated and calls from my number barred. Using 141 before it I finally got to someone who has informed me(and I have requested it in writing) that since their client is not disputing the amount(well they wouldn't would they) it is not considered in dispute and FCA rules do not apply and if I did not like that then I would have to bring it up at court. They have also apparently written to me many times to confirm this but they could not specify which address-it seems interesting that only the pre-court notice has been sent to the correct place. What's my next step-they have supplied no evidence beyond this bit of paper that says 'You owe us £x,000.Pay now' and will not comply with FCA rules on disputes?

There's a lot of assumptions-'despite hearing a woman's voice,we are told that Mummy is not in.' and then goes to add 'it's sad when kids are told to lie like that'. Perhaps Mummy wasn't in...and the woman's voice was Granny or big sister or auntie or babysitter or the woman from next door popped over...

Tom,I see this is your first post.When replying to a thread,it's often a good idea to see if it's current and/or resolved. This has not been replied to since 2008,so it's long dead.It's also been sorted-the poster has had a letter from the DCA stating they won't be pursuing it. Have a look for some much more recent threads to help with as you seem keen to offer sensible advice.

And when I said two different doorways,there is a door at each end of each coach so there are two doors right next to each other.I believe he was trying to prevent me leaving the train-as he had stated previously.

No I'm male

OK let me go through your points. The allegations you have made are very serious indeed and if true, which I make no apology for stating that I do not believe they are, but if you maintain the story is accurate then make your allegation in the correct place and go directly to the Police yourself. I have been to the police.They told me as the incident occurred on a train,I needed to contact British Transport Police-I did this and gave a statement and received a crime log number. If your story is true, you need have no fear about the fare evasion matter, so if your description of the incident is accurate, go and report it. It has been reported-I have been told that in the absence of any other evidence,it is likely to be a case of my word against his and so it was unlikely to succeed in a criminal charge.I am now looking for advice on the complaint to put in to the rail company. It appears that you travelled on a service with a buffet and therefore CCTV will be available on the train. When the police got back in touch with me,they told me they had no CCTV evidence available-they did not state whether this was because CCTV was not on the train or whether it did not cover it-the main assault took place as I was attempting to get out of the door and so may not have been covered.They have checked CCTV at Newton Abbot station.It does not show what happened inside the train,but merely that the train arrived,stopped and after a delay,the door opened and I got out. You are asking everyone to believe that you walked through the train, with the intention of going to the buffet car, but left your money in your jacket pocket farther down the train????? I was in the closest carriage to the buffet(I believe it is E),about halfway along.I had enough change in my jeans pocket to buy my refreshments.The money for the ticket was zipped in my jacket pocket which was tucked in my bag.Since there were only two other passengers in our carriage and they were at the very far end,and my seat was within sight from the buffet I did not worry unduly about this. You are asking everyone to believe that the Guard / Conductor 'attacked you without provocation' and maintained that attack at two different doorways on the train without any of the other passengers coming to your aid???????? The first alleged assault was when another passenger returned from the buffet car end and wished to get past.Once they had been let past,the guard blocked my way.As he pushed me back,he used an elbow to jam into my chest.By then,the other passenger was at the far end of the carriage and with the guard between me and him.There were no other people in our carriage. On the second occasion,it happened as I was getting off. There were no other passengers in our carriage by then and so no-one else was getting on or off at the set of doors I was using. You say that 'you found your money was missing after you left the train' and your wording suggests that you believe no-one else could have taken it but the member of rail staff. I really hope that you have strong evidence to back up that accusation, because if not you could find yourself in very deep water. The money was there when I went to the buffet car. After that there were only four people who were present in our carriage at any time apart from myself-these were two passengers who were at the very far end and got off at Totnes station just after.At no time did either of them go near my seat.The passenger coming from the buffet car end went straight through without stopping anywhere.The fourth person was the guard who had come from the next carriage-at several points he was either standing next to or passing by my bag. The note was zipped in a jacket pocket,so it could not have fallen out or dropped out. The money was there before he arrived and gone when he had left.Whilst there is no concrete evidence of him actually having taking the money,there was no other person in the vicinity of my bag who could conceivably have taken it.I had also told him during the argument that the money was in my jacket pocket. I am also epileptic and the initial incident had brought on a panic attack so I had to sit down to compose myself and calm down,so I was not entirely concentrating on his movements. When I was finally able to get to my bags,we were just arriving at the station.There was just time to grab them and get ready to disembark. It was only afterwards once I got to the platform,sort myself out and then get the money for the bus fare that I discovered it was missing. You say that you 'escaped' and of course CCTV covers all stations, so where you left the train and what occurred can almost certainly be confirmed. As someone else pointed out: i) You clearly knew the working practice at Redruth ii) You appear to be a regular traveller and familiar with the lack of Inspectors and staff activities on these trains On previous journeys when the boarding office has been closed,I have purchased tickets on the train-sometimes there is a conductor on through Cornwall,very occasionally they will board at Plymouth and then check all tickets through Cornwall,aware that there has been no onboard check before then.I have never had a problem purchasing tickets in this manner before,other than having to explain once or twice that the booking office was closed when I boarded. iii) You failed to meet your obligation to seek out the staff to pay your fare on boarding the train IF facilities were not available before you boarded iv) If this incident was as serious as your side of the story suggests, the Rail Company may wish to check CCTV at Redruth to see how long you were on the station before the train arrived and determine whether you could have bought a ticket. Of course, if you didn't have the means to pay that is a complete irrelevance. v) There are no Driver Only Operated trains with buffet service I think it is a fair bet that if the rail company now believe that you are a regular traveller and were travelling without means to pay and attempting to avoid a fare, they may well take action on the report that will be made by the staff on the train. It is clear from your own story that you made off without payment. I expect that some effort will be made to identify you and detain you in the future. It's likely that the British Transport Police will also be advised. The British Transport have been advised-when I gave the statement I stated that I was travelling without a ticket,as there were no facilities available to purchase one when I boarded-and that in this case,Great Western rules state I am allowed to travel without one and then purchase one from the guard on the train. Travelling without a valid ticket or means and failing to provide your correct name and address is arrestable. I had the means to purchase a ticket but I was not permitted to get access to it-furthermore the conductor told me he would refuse to sell me a ticket.I did not have a valid ticket because there were no facilities to purchase one when I was boarding.I was never asked to provide my name and address

I have been to the police and reported it-I did state this in my post-I had a crime reference number from British Transport Police and statements were taken.I was told that in the absence of any other witnesses'evidence(there was no CCTV on the train and although there were CCTV cameras at the station,they would not show what was happening inside the vestibules of the train)that it would have been my word against the guard's and it would be very difficult to prove the assault. I had been to the buffet and had taken coins with me-the £20 note I had to purchase the ticket was zipped up in my jacket pocket inside my bag at my seat,so I did have the funds to purchase a ticket,but was prevented from gaining access to them. I contacted Great Western and was told that if there were no facilities for purchasing a ticket when I got on,I was entitled to purchase one from the guard,and that if there was no guard available by the end of my journey,I could purchase one at the station where I left-they would certainly investigate but the details had to be in writing as it was a serious allegation. I'm not sure how it can be argued I denied myself the opportunity to purchase-if the booking office is closed when I arrive,then there is no facility available to me.I travel to the station on the bus after work-I cannot arrive any earlier as buses in our part of the world only go once every hour or once every two hours.

I had a 1-year contract with BT from Jan 09.In Jan 10,I terminated it. I terminated the account-paid the £43.29 which they showed was owing and as far I was concerned it was finished. A few days later I received a bill for £424-the entire total for the year.According to them no payments had been received.I had copies of the cheques sent,showing as chased,together with the bank statements where the money had gone out of my account. We got stuck in a loop-each time they would send a bill for this amount,I would reply that I had paid it,was asked to send proof up to the Missing Payments office, did so,and they sent another bill. Now it transpires Missing Payments had received these documents and had agreed that the payments had been made-they had cashed the cheques I had sent. However,they decided there was no further action that could be taken-so the total remained the same. I have disputed it-if the payment has been made,why has it not been credited to my account. Now Moorhouse have been in contact-I have told them advising them the account is in dispute,so it should be returned.They have responded that the debt has been passed to them,so it is up to me to deal with them and they will sort out any dispute with BT. I have advised them written correspondence only and the account should be marked in dispute and returned to BT-do I have to do anything else?

I was travelling from Redruth to Newton Abbot.Redruth is a small station and doesn't have any ticket machines-it is purely the office. About 5 minutes before the arrival of the train,the staff have to go out to greet the train-the blinds are pulled down in the ticket office and it is temporarily closed,so there were no facilities for buying tickets. There was no ticket inspector at all through Cornwall(this is not unusual for them to start/end journeys at Plymouth and the staff to just be the driver and the staff in the buffet car). I was returning from the buffet car when I was stopped and asked for my ticket.I told him I had not got one with me,but my jacket was back at my seat and I would be able to purchase it there.He blocked the aisle and told me I would not be able to return to my seat until I had produced a ticket-I replied that I was not able to buy a ticket until I got back to my seat. Another passenger came past and when he stepped back to let them past,I attempted to go back to my seat.I was met with an elbow to the ribs which shoved me into the back of the seat.I was told that I was travelling without a ticket which was illegal and that the police would be called. He asked me my destination which I told him was Newton Abbot-at first he told me we had passed there(we had not) and was then told I would be kept on until Exeter,where the police would be called and I would be arrested. I stated I would be leaving at Newton Abbot and asked and was told I would be kept on the train by force if necessary.Since there no facilities for purchasing my desired ticket at the station,I had committed no offence and the police could not detain me. I was told I could be detained as even if he did agree to sell me a ticket to Newton Abbot,I would have passed the destination I had paid for. I did attempt to get another passenger to bring my money down to me,but he stated that he would not sell me a ticket even if I had the money to pay. Eventually we approached Newton Abbot station and I got up to leave.He saw me approaching the door and stood in front of it to block me,so I went to the next one down.As I opened the door and went to step down,he reached over and slammed the door shut on me,barring me with his arm.I went to the first door and went to get out.He was attempting to grab me with his arm to drag me back onto the train and was kicking the back of my legs and ankles.I managed to push him off and get out of the door and escape. I reported it to the police,but have been told that since there was no CCTV,it would be his word against mine. I was also told that if I attempted to proceed with the assault charges,they would take action against me for fare evasion. Furthermore,once I had left the train,I found that money in my jacket pocket was missing-whilst there is unfortunately no proof as to who took it,there were no other people who had gone past the jacket and rather stupidly,I had told him when arguing that my money was in my jacket pocket.Without this money,I wouldn't have enough to pay for the ticket and I feel that he would have attempted to have me detained on these grounds. What are my next steps-obviously a complaint to the railway company-what should be included? Unfortunately,most of is it circumstantial and it's likely to be my word against his.

Hi Canteen,you're probably better off starting your own thread. This is a rather ancient one. Get your own thread going with all the details of your case and someone will be along to help out

This gets weirder and weirder.Apologies for the delay-my computer monitor decided to breathe its last and it's taken a day or two to get it sorted. Apparently,there was no payment card registered on the account so the chap on the phone(who was to be fair very helpful),I could not have made any payments using it.When I asked him to check how the payments in September,October,November had been made,the system told him they had been made-by payment card. He couldn't explain it-none of the payments since January have been recorded as they had been made by a payment method the system says I don't have.There are no notes on the screen to say who took the card off as a payment method,when and why.They are putting the balance on hold whilst they investigate what's happened,so that's a start. Then there is the curious incident of the December payment.Since I was not able to find my card,I paid that one in cash at the bank as instructed.Since it was £50 and some small change,I paid with a £50 note at the cashier's booth,which was accepted.The payment was credited to my account,but then just a couple of weeks ago I received a letter back stating they were unable to accept it as it was 'not legal tender'. The note that they sent back to me as being rejected was a beautifully comic note issued by the 'Bank of Football' with the Wolves'manager's grinning face replacing that of Her Majesty.This is not what I paid with,and not what the bank accepted as payment-they would definitely have queried this at the time had I presented that to them.They are investigating whether somebody in the bank has switched it or if it was done at their office.Surely once I have made the payment and the bank has accepted it,that payment is made on my account and cannot be reversed later?Surely they should have queried any suspect notes then-especially one so patently not genuine as this one? So at the moment I have a payment card in my possession which they say I don't own,receipts for payments they say I couldn't have made as this was not a valid payment method for this account,and a ridiculous novelty note whilst the £50 I tendered as payment has disappeared somewhere.