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hoping somebody here can help?

we moved home in november 2008 and had to leave our virgin tv,phone bb services behind as they do not cover our new area,were advised on that day to dispute the £120 cancellation fees by the virgin person who disconnected us as it was down to bt exchnage not our fault.
she gave us an adress in swansea to write to which we did.

anyway now after several phonecalls from us to them trying to fix this over the last 4 months they finally say tonight they have never received our letter and its now been passed to a debt collections agency and is out of their hands!!!

we are so upset have a perfect credit score as we are saving for a deposit and mortgage what will happen to this now? are we screwed?
we do not even get as much as a bank charge we are so careful, they are saying we should have paid the charges then disputed but we thought we were far less likely to be refunded that way.
they are basically saying its our word against theirs and right now i just don't care i want to make this debt collections thing go away what can we do?
is our credit report ruined? :confused:

Comments

  • anybody?

    have never dealt with anything like this before? :confused:
  • ~Beanie~
    ~Beanie~ Posts: 3,043 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I would have thought that you should have paid and then disputed it as the consequences of not paying could potentially damage your credit rating (as you have discovered). Unfortunately it is not Virgin's problem that you cancelled your contract before it ended because you were moving to an area with no coverage.

    Hopefully someone will come along and prove otherwise.
    :p
  • like i said above its gotten silly over who is to blame now where the charges are concerned!
    been dragging on for months with us being passed from pillar to post, all i really want to know is the damage now it may have done?
    tried to pay them tonight to draw a line under this but they would not accept it as its been sold on they said?
  • 10past6
    10past6 Posts: 4,962 Forumite
    Amend and send the following letter by recorded delivery, the onus is on THEM to prove you are liable for the debt

    Dear Sir/Madam

    Account no:

    You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

    I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

    I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

    I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

    Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

    I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

    I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

    I/we look forward to your reply.

    Yours faithfully


    ONLY PRINT - NEVER SIGN


    Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.

    All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional
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