Virgin, mystery extra line: 2 judgments for Data Protection breaches - so far!!

[lemon_martini2]

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!

 

  

[lemon_martini2]

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

[lemon_martini2]

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

[lemon_martini2]

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

[lemon_martini2]

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.

[lemon_martini2]

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!

[lemon_martini2]

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.

 

[lemon_martini2]

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.

 

[lemon_martini2]

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...)

Edited November 9, 2020 by lemon_martini2

[lemon_martini2]

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? 

[lemon_martini2]

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. 

[lemon_martini2]

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

Quote

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.

 

 

[lemon_martini2]

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.

[lemon_martini2]

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.

[lemon_martini2]

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.

[lemon_martini2]

 

Quote

 

Virgin Media Executive Team <Executiveteam@virginmedia.co.uk>

Thu 12/3/2020 12:45 PM

To:[redacted]

COM:[redacted]

My Name is Stuart, 
I have been asked to contact you regarding your Virgin Media Mobile Phone services. 
We would like to speak with you regarding your complaint.
 I can be contacted on 0800 052 0264 -Lines are open 8am to 6pm Monday to Friday.
Kind Regards
 
Stuart
Executive Resolutions Team,Virgin Media

 

 

 

 

 

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.

 

 

 

 

 

[lemon_martini2]

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.

 

[lemon_martini2]

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 

 

 

 

Quote

 

Virgin Media Executive Team <Executiveteam@virginmedia.co.uk>

Hello <redacted>

Thanks for your time earlier, it was a pleasure speaking with you.

 

<redacted> is the other number on the account. It will be cancelled and the bill cleared.

With regard to the issues on the account, I have offered £500.00 to cover the loan agreement, the £25.00 paid and the £200.00 requested.

 

If you accept this offer, it would still leave you open to take your complaint to the Financial Ombudsman Service. This service is free for you to use. Full information will be forwarded if you accept the offer.

 

If you reject the offer, you will still be sent the Financial Ombudsman Service contact information.

The new complaint reference is <redacted> and the number for the Executive Resolutions Team is 0800 052 0264.

 

I look forward to speaking with you soon.

Kind regards

Stuart

Executive Resolutions Team,

Virgin Media

 

 

[lemon_martini2]

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?

[lemon_martini2]

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?

 

 

[lemon_martini2]

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.

 

 

[lemon_martini2]

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

[lemon_martini2]

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.

[lemon_martini2]

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... 

[lemon_martini2]

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.