MO v Virgin Media (refund of charges)***WON***

[mo]

just had a call form virgin media,complaints dept.i sent a letter asking for myh charges back,the lady says no, they have put there charges through offcom,and offcom say they are correct,and all these charges are in my t&c.i told her i shall be sending a letter before action,but she says im wasting my time,any thoughts?

[mo]

thanks,is she talking rubbish then?who did you e mail?

[mo]

thanks,i didnt know bt had won in court,was that for non d d or late fees?

[mo]

hi.im sorry for asking again,but i dont know if to carry on with this claim or not,ive been going on to them now for months ,so should i send them a lba? thanks

[mo]

ive decided to tryh and send lba to virgin see how i go,perhaps what the lady said to me on the phone was rubish?anyone got a copy of lba?thanks

[mo]

thanks,if i can get the correct leter and poc details i will def go to small claims,i am so fed up of there charges

[mo]

hi,im still very confused,i dont know if people are telling me to continue or not with this?i thought from reading these threads these charges were re claimable?

[mo]

thanks fot that,ive read thru it,my concern was after virgin media rang me,they said that late charges and no d d had been put to offcom and they were correct?

[mo]

thanks,im goin to do a lba after and post it see what people think,i was just a bit put off with them telin me bout ofcom,didnt know if she was fibbing or not

[mo]

got letter from v m today,1st they have the date they spoke to me as 19 dec 2007,not.it was last week,then they go on to say sorry your not happy,(understatement)in the fee there are considerable costs involved in processing,the breakdown of the costs is business sensitve,and not available for public scrutiny,please be assured that this has been approved by ofcom. and then goes on to say,go away really.

[mo]

i started this last year,then i had two heart attacks in october followed by surgery,i have been really poorly,now im feelin a bit better i decided to start my claim again,i have this v.m. thing niggling in my head lol,600.00 i calculated in 6 years,ive sent them a request for repayment monday,tuesday they rang me (very qiuick)basically told me to go away as ther not refunding me,but i dont want to go away,im gonna file at small claims court,i got the n1,but am struggling with the p o c,i dont want v.m. to win this one,so if any one can help,please

[mo]

anyone?please

[mo]

thanks,this is what i sent them along with a list of charges,they recieved it yesterday then rang me.

 

 

Dear Sir or Madam,

 

 

 

 

 

Re. Account number:

 

 

 

I am writing to request that you repay all the Late Payment,Non Direct Deb charges that have been applied to my account. I do not believe these charges reflect the true cost to Virgin Mediafor late payment fees or non direct debit and payment handling fees.

 

If you have reasons to say otherwise then please supply me with a fuill breakdown as to how these are calculated,that will clearly demonstrate them to be a genuine pre-estimate of any loss incurred.

If you have reasons to say otherwise,then please supply me with a full breakdown as to how these are calculated,that will clearly demonstrate them to be a genuine pre-estimate of any loss incurred.

 

 

The charges total xxxxx in the event that this matter will go to litigation in the County Court,I will be asking the Court to award section 69 stat interest at 8%

Change to- In the event that this matter will go to litigation in the County Court,I will be asking the Court to award section 69 stat interest at 8%

together with an order for costs.

 

I therefore ask that you repay me the full amount of £608.00. I have attached a full schedule of the charges and interest with this document.

 

Pre action practice dicertions in the Civil Proced rules,dictate that there should be adequate notice given before litigation,that allows for both sides to try and negotiate.I reserve the right to make copies of this letter and any subse response from yourselves,avbailable to the Court at a later date.

Pre action practice directions in the Civil Procedure rules,dictate that there should be adequate notice given before litigation,that allows for both sides to try to negotiate.I reserve the right to make copies of this letter and any subsequent response from yourselves,available to the Court at a later date.

 

 

I look forward for a full response to this letter within 14 days.

 

Yours faithfully,

[mo]

im sorry for bein thick,but were do i go from here?

[mo]

thanks,its goin 1st class tommorrow

[mo]

i sent the letter you sugested,and got a phone call today fron v.m.,same thing charges are in terms and conditions,she said it didnt matter if it costs them less than 10.00 for a late payment because it was a detterant,i told her just put it all in writting then i can file at court

[mo]

on the poc i have it says ..on judgement being awarded against defendant,claimant seeks statue 69 interest from the earliest charge to judgenment,which is currently xxxx and at a daily rate ofxxxx,how do i work oout this?

[mo]

ive put the 8% on its just the last paragragh i dint understand?

[mo]

thanks martin were is the calculator?

[mo]

thanks martin,also the non d d fees,mine start at 2.00 back in 2003 then go to 3 then 4 then £5.00,can i put all these on my claim?

[mo]

you still about martin?only im a bit stuck now.

[mo]

im trying to fill out the n1 form for court,can anyone help me please?

[mo]

thanks martin,the first d.d. was for 2.00 15/12/03,the thing im most stuck on is the poc,im using yours,at the bottom it says,,daily rate of interest at xxx,i kinow you told me yesterday what it means but it didnt go in my thick scull

[mo]

ok the first d.d. fee was2.00 15/12/03 the first 10.00 late fee was 13/11/03 i haveb#nt got the full total,i had only done the list till 15/3/09 so i need to finish it,i have been ill so just got back on on it

[mo]

thanks martin,gotto go out,so as soon as im back ill do it..mo