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 contractual 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?

[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 JCI 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 dca'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 that 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 have no more legal powers than you or i if we think someone owes us money

launch 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 

 

[whitelist]

The problem I have is this virgin account goes back five years. Cancelled within the 14 day cooling-off period and heard no more until this lot appeared.

As this is so long ago, have no receipts or copies of any correspondence in backing up, cancelled in the 14 days.

Am reluctant to do a DSAR as that would acknowledge the debt. The default has another eight months to go before becoming Statute Barred. They have just registered this account on my credit file.

Received another email this morning on my previous email account being dormant for five years with an offer of 50% reduction as a full and final.

They can go to hell and not getting a penny out of me.

[dx100uk]

Eh?

Where ever did you get the idea an sar acks a debt?

 

Dx

[whitelist]

Am not disputing the fact I had an account with Virgin Mobile.

Do not wish to poke the bear in any way that might be detrimental to me. Silence is golden as the debt clock ticks down.

[dx100uk]

the debt has been sold but never the less the OC is ALWAYS your target for an sar regardless  , never ever any point in sending a debt buyer one.

 

dx

 

[whitelist]

Having totally blanked CRS collecting on behalf of JC International, seems they have now passed this to another load of vultures trying their luck..

Improved Financial Solutions (IMFS)

Is this same crap different nappy, or should I be concerned?

[dx100uk]

all dca's are the same.

the only time you must reply is if you get a letter of claim from the debt owner OR a solicitor operating upon their stated clients instruction. 

the PAPLOC will have a reply pack wanting I&E etc.

you do NOT use their pack but hit letter of claim and follow the correct post further down for the type of your debt

On 24/07/2023 at 14:16, Andyorch said:

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

Andy

 

[whitelist]

Doing some research into this DCA called CRS.

It appears they state their terms of business are an online company and do not respond through Royal Mail, only email?

Now have blocked their emails because of spamming/harassment, so my question is:

Can a DCA legally refuse correspondence through Royal Mail as communication?

 

For the record have totally blanked them so far as six months left before Time Barred

[whitelist]

error

Edited February 19 by whitelist

[whitelist]

These people really do need some kind of official enforcement against them from the Regulator.

Totally ignoring them but they are sending texts and emails every day with their blatant harassment. And I mean everyday. Thick skinned myself but they need to be stopped.

Anyway, done some further digging

Returned the phone and cancelled the agreement as to Distant Selling Regulations. Thought nothing of it but it seems as well as the airtime agreement, they supplied the phone, which was returned (post office receipt lost long ago) as a fixed term loan agreement. This is what CRS are chasing.

What are people's views with Virgin and these fixed term loan credit agreements and enforceability? How do I attack these kinds of agreements? Last thing I am going to do is contact them and just keep deleting their spam.

[lolerz]

Block the texts and report them to 7726.

If you have an Android phone, Google Messages can automate this for you, should you use that app for your texts.

Block and bounce back emails also.