JCI and Virgin Mobile Phone Contract debt

[whitelist]

Back in 2017 signed up in store for a Virgin mobile phone contract. Ended within a week with notice because of lousy service where I was living.

After almost six years just received a letter from a debt collection agency called JC International Acquisition. They are asking for a grand and encouraging me to log into their Web portal. Assume this is the contractual monthly charge they are claiming. This is news to me as never had trouble getting credit and credit checked each year as part of my employment (Good Character) with no red flags.

Rather than engage in letter ping-pong, will just ignore and wind down the statute barred clock.

Reading these forum topics will never phone, write, electronic communications etc unless a letter of claim arrives. On checking my credit file have a Virgin mobile default with 12 months to go before being statute barred. If needed, with any court claim will pay, but not if I can help it.

My questions are:

1. Who is JC International Acquisition on the debt collection agency scale? Are they very litigious or safely ignored?

2. It is my understanding the Financial Conduct Authority and Ofcom have decided charging for remaining monthly contactual payments after the air time agreement has terminated is unfair.

3. Does the forum have a template for this or a link I can reference if I receive a letter of claim stating it is an unfair contractual term?

Edited July 24, 2023 by whitelist

[Andyorch]

Click Letter of claim in your post if you ever receive one although very unlikely.

 

Andy

[dx100uk]

JCI will use BW/moriarty to issue a PAPLOC and the court claim.

they can be quite litigious but are sadly a marble or 2 lost as they mostly lose court claims.

and with our record of winning against lowell mobile debt claimforms - all the info you need in those threads.

i would not, at the PAPLOC reply stage be tipping them off about how you might defend other than saying a dispute existed with vodaphone that was never resolved.

[whitelist]

Thanks people

Guidance on unfair terms in contracts for communications services

https://www.ofcom.org.uk/__data/assets/pdf_file/0012/40620/guidance.pdf

Found the relevant Citation, but questions remain?

This publication from the Ofcom is guidance only, so how does it have authority over contracts in the civil court?

Does the guidance get treated as law the same as the ACAS code of practice legally binding in employment law as an example?

[dx100uk]

yes its guidance as we put in our defences 

depends how the claimant/judge views it, but 9/10 previous dcs's on like telecom debts discontinue the claim, or the judge throws it out.

how much of this is down to the guidelines is your guess. i dont think we've lost one telecom claim since we started putting the in defences/WS's

 

[whitelist]

Just a quick update

 

Getting spammed everyday with email and texts which is damned annoying. Thought there were protections in place in limiting this practice from a DCA?

No correspondents, though, with Royal Mail. It is all electronic, trying to get me to sign into their payment portal.

Sending the text messages is interesting as I passported the number to my new airtime provider six years ago, but the DCA would not know that, so why are they spamming which is a number cancelled when they ended my Virgin phone agreement? That number could have been allocated to a new user. (GDPR)?

Total silence from me, but am expecting them to start physical phone contact harassment soon, which I need to be on my guard but have now blocked their number to stop the texts.

 Will they know that and was that a good idea as can just as easily continue total ignorance?

[dx100uk]

block and bounce the Email addresses / msgs.

report the txts as span to 7726.

 

[whitelist]

Blocked them yesterday, today received yet another text message.

Seems they are using different telephone numbers to send texts

[dx100uk]

as they do.

keep blocking/7726.

dx

[whitelist]

Just updating

 

Still getting spamming texts everyday on my phone even though continually block numbers. Know these are automated texts going through a computer cycle.

Latest one saying sign into portal to receive a substantial discount?

Must think I am stupid, do that will acknowledge the alleged debt.

Silence is golden.

[whitelist]

Just a quick question

Being spamed using my original google mail email address not used in four years since address and password appeared on the dark web. Used this address when signed up for virgin mobile. As far as I am aware was to be used for marketing etc and offers.

 

What happens if they send a letter of claim using this email address instead of Royal Mail? Is it valid under Pe action protocol as served through electronic means?

Have acknowledged no email sent by them, or blocked them

[dx100uk]

they cant.

BTW :not moved since  have you?

 

[whitelist]

Been at my address for ten years, so no worries there

[whitelist]

Spam email and texts daily now, they are relentless. Good job it is water off a duck's back with me. Their communications are all bluff with might, may, potential action etc.

 

POTENTIAL FURTHER ACTION

Despite all of our efforts you have still not addressed the balance owed to our client JC International Acquisition originating from VIRGIN MEDIA.

Failure to resolve the matter or to provide us with details of your current circumstances may result in further action being considered in order to recover the overdue amount.

Please get in touch with us using one of our many contact methods so we can discuss your options in detail.

Yours Sincerely,

CRS

The latest Text stated 

Do not lose the opportunity to pay the substantial discount offered to you to sign into our online portal.

Am interested to know how much the discount being offered as a full and final.

Will logging into that online portal acknowledge the debt?

Have in reserve the unfair early termination charge with Ofcom guidance/Consumer Contracts Regulations as a rebuttal.

 

[dx100uk]

its all DCA's can do

they no more legal powers than you or i if we think someone owes us money

lunch a court claim.

the only diff is a member of joe public typically has proof like physical documents and actual evidence of a debt owing.

DCA's have nothing but a single line in a database of a debt portfolio they have purchased from someone.

so thats why we call them speculative claims

they hope like 85% of joe public do, the mug thinks they are bailiffs and blindly coughs up or doesnt do anything and they get a default judgement.

those that defend PROPERLY have a better than 90% chance of a speculative claim failing or becoming too costly to continue for the claimant..thus win