Default from Virgin Media on one Month Late Payment

[raheelf]

Hi guys,

 

I would really appreciate If somebody can help me in resolving this issue with VM.

 

When I checked my credit report (Experian) last time sometime between June and September 2011, it was clean and nothing was there about VM default. But then yesterday, I retrieved the latest report and was shocked to see the default placed by VM in 28 Nov 2008.

 

Actually, I was their customer from Jan 2008 till Jan 2009 and was regular with my payments from Jan08 to Sept08. Then I missed the payment of Oct08 but later called them up and paid for the whole contract in Nov08. Then I also asked them to close the account which they did.

 

So, I am not sure what is the issue here which has caused them to place the default in my credit history. As per Experian's website default can only be placed if you missed 8 payments.

 

Please let me know how should I deal with this issue and approach VM about that. I also have the bank statements as a proof of that period showing every payment to VM.

 

Kind Regards,

[silverfox1961]

Hi and welcome to CAG

 

Can you check your file again just to make sure this is not marked as a missed payment rather than a full default.

 

It is very unusual for a default to be placed for being one month late with payment

[raheelf]

Thanks for looking into this.

 

Here is what I can see in the credit report..

 

VIRGIN MEDIA Communications

Default Satisfied 06/05/2012

Entry Number: C13 |

Account Updated to: 06/05/2012

Name:XXXXXXXXXXXX

Address:XXXXXXXXXXXXXXXXXXXXXXXXXXX

Date of Birth:XXXXXXXX

Account Type:Communications

Started: 18/01/2008

Current Balance: Satisfied

Default Date: 24/11/2008

Default Balance: £71

[silverfox1961]

That suggests a default has been placed after one months missed payment.

 

Did they not write or email you prior to doing this?

 

I will get our DPA expert to pop in to this.

[raheelf]

No, I have never received any thing from them.

[dx100uk]

it say default date 2008.

 

dx

[raheelf]

Yes, that's correct but placed sometime end of last year.

[raheelf]

That suggests a default has been placed after one months missed payment.

 

Did they not write or email you prior to doing this?

 

I will get our DPA expert to pop in to this.

 

Just wondering if the DPA expert came up with any advice on that.

[silverfox1961]

Can you remember being in debt to VM in 2008?

I cannot be sure whether they are allowed to place the default so long after the event

[raheelf]

Apart from that missed payment, I was never behind in my payments between Jan08 and Sep08.

[citizenB]

It is my understanding that they have to place the default marker between 3-6 months, but only after 3 missed payments!.

 

I am pretty certain either the Information Commissioner or the OFT have mentioned this in one of their publications. Will try and find it.

[skittledmonkey]

I have also had a Virgin media default added to my account recently with a default date of 2008?

 

I moved house back then to a none cable area, but they continued to charge me although they couldnt provide me with a service, so rightly or wrongly I refused to pay.

Edited May 11, 2012 by skittledmonkey

[wasansaurabh]

Same issue with me, I used VM services in Jan 2008 and then shifted home and transferred VM to the new adress before closing the account..they have suddenly appeared on my credit report on 6th may after 3 years..

[dx100uk]

It is my understanding that they have to place the default marker between 3-6 months, but only after 3 missed payments!.

 

I am pretty certain either the Information Commissioner or the OFT have mentioned this in one of their publications. Will try and find it.

 

try this

 

dx

[robcat35]

Hi Raheelf

 

Just read this thread as i've had a similar problem with VM myself. I have now had the default removed as they could not provide me with a signed credit agreemnet or default notice. they are required by law to issue a default notice before placing this on your record. Its a mute point but I don't believe VM should have an entry on your credit file at all as they are not a lender but it seems they can do what they like.

 

My advise is to write to VM at Customer Complaints, Matrix Court, Llansamlet, Swansea, SA7 9BB. Ask them for a copy of your original signed credit agreement and a copy of the default notice. When they write back fobbing you off because they cannot provide this info then you need to contact equifax or experian and explain that they have not provided the information they should under section 78 of the consumer credit act and they should remove the default immediately. This wont happen immediately but it should work.

 

Cheers

 

Rob

[silverfox1961]

Hi robcat,

The reason VM cannot supply a credit agreement is that they don't offer credit (as such) They are a service provider and they should supply a copy of the contract.

 

As a service provider, they don't have to send a default notice as is required by lenders (which IS regulated by law) although they should write and say that 'If x isn't paid by [date] they will file a default with the cra' This has been shown in other cases that this doesn't always happen hence the reason (I assume) that they removed yours.

 

My belief is that this is an area that needs regulating more as they can screw your credit file with impunity and the only recourse is the ICO or the courts

[robcat35]

Hi Silverfox

 

I think what you have said just stregthens the fact that they should not be able to have an entry on your credit file. As you have said they are service providers not lenders. If you read document posted by dx100uk the ICO only refer to entries,defaults etc. made by lenders not service providers.

 

I think the main problem with my default and all others is that VM should not have an entry on your credit file at all. Sky do not have an entry?

[craig73]

Hi I was in the same situation as you with vm,I sent the CEO Neil berkett a nice email explaining the situation.

 

With in a hour he sent a personnel email back saying he would get one of his team to look into it.

 

The next day someone called me so I explained the situation and it was all sorted in two weeks(defalt removed)

 

They were very very helpfull

 

Hope this helps

[melsy784]

Could you furnish me with the CEO's email address - i too am having issues with VM.

 

They have placed a default on hubbys credit file because we dispute their charges !!!

[silverfox1961]

Could you furnish me with the CEO's email address - i too am having issues with VM.

 

They have placed a default on hubbys credit file because we dispute their charges !!!

 

neil.berkett@virginmedia.co.uk

[n377y]

I too have discovered a default on my credit file. Default was registered in August 2008 and settled in Feb 2009.

 

I want this removed - Im just wondering what the situation is with VM sharing information with Credit Reference Agencies. Dont they have to have your consent to share information - under the data protection act - and would they need written consent for this???

 

Jan

[locutus]

Yes they would need permision. This would have been obtained when you started the contract... they send you a T&C letter with the equipment that they send and it has the permision to send information on your credit file on that, and no it does not have to be written consent. You agreeing to their T&C and using their services is enough.

[ANIB]

Hi,

I am new to the forum, and in a similar position. It is causing me alot of distress because I cannot get Virgin to respond; they have stated that the complaint is no closed and they will no longer enter into dialogue with me. I am offering the pay the amount in full for removal as I neither signed a contract or received a default notice. Dont know what to do.

[dx100uk]

i'd start your own thread please

 

see below

 

dx