Letter to Virgin to remove default

Rob_UK

I had Virgin broadband in 2007, but cancelled contract, paid everything off. I recently checked my credit history and :shocked:, there is a default in 2007 for 24£ from Virgin. I never received any letters, but anyway I paid over the phone so its satisfied.
Sent them SAR letter from this topic http://forums.moneysavingexpert.com/...93&postcount=9

Got bla bla reply(as usual) with copy of agreement etc.

I have just put together next letter. Can anybody please comments what should I add or remove to make it more scary and force them into corner. I need to remove that default notice.

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Dear Sir or Madam

Your ref. xxxxxxxxx
Account number - xxxxxxxxxx


Thank you very much for your letter dated 11th of June 2010.
I have seen my Credit Reference and the notice of 'Default' and then 'Satisfied' next to the item relating to the Virgin Media Group.
It is the 'Default' notice that I`m are very concerned about because I never received any notice of collection or default notice from any debt collection company.
I request you to send me all payment reminder letters, final notices, default notice letters, debt reminder letters, Direct Debit rejection letters or any similar original copies of documents including proofs of postage for every one of them. Also, please supply me with list of third party agencies or bodies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed. I also enclose a £1 postal order.
Account notes you sent me are in pure jargon and abbreviations which make zero meaning to me and are not clearly understandable. Please send me fully readable and grammatically correct account notes.
It is your duty to comply with my requests under the law. If you do not supply me with requested documents, I reserve the right to report your actions to regulatory authorities and take legal action to get this unfair Default notice removed from my credit history file.


Yours faithfully,

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Cheers

GeorgeUK

Slow down a little.

You sent a SAR and got what back exactly?
The SAR falls under the Data Protection Act so there should be no blah blah reply. They are required to provide you with a copy of all information or information requested that they hold on your within 40 days. If they did not do this then they are in breach of the DPA and should be reported to the Information Commissioner's Office (after making a formal complaint).

If you did not receive a default notice and one was not issued with the SAR (which both are LEGAL requirements for them to action), then you should be making an official complaint and advise them you will be informing the ICO of this breach of the DPA Act. You should have been issued a default notice which would give you 28 days to make payment before a default could be placed on your file. You may be able to seek compensation if this has had a financial impact on you - also worth mentioning that to them.

The user Never-in-Doubt (aka Niddy) has a thread which goes into detail for defaults and the legislation used - which they will be in breach of. I'll try to find it for you and post a link to it.

DarkConvict

I request you to send me all payment reminder letters, final notices, default notice letters, debt reminder letters, Direct Debit rejection letters or any similar original copies of documents including proofs of postage for every one of them. Also, please supply me with list of third party agencies or bodies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed. I also enclose a £1 postal order.

As above, you want a SAR and it costs £10 not £1.

NIDs SAR template - http://forums.moneysavingexpert.com/showpost.html?p=33791933&postcount=24

They are required under contractual law to send you a default notice, added to the fact you settled and closed the account, and never recieved any bills you have a good case for it been removed as you legitimatly were unaware of any amounts outstanding as you were never contacted.

Rob_UK

I did receive reply and it includes T&C I asked for, account statement, account notes full of customer service jargon and abbreviations and front page saying "We consider our charges are fair and in accordance with relevant guidance" etc. Account statement shows that I disappeared and did not cancel contract therefore owing them 24£.

DarkConvict

Did you have written proof of cancellation, any letters to thank you for it, or a copy of your cancellation you sent them?
Actually if they never sent a default notice in your reply to a SAR, then they didnt send a default notice making it unfair and invalid, so should be removed anyway. The OFT should confirm this.

Rob_UK

DarkConvict wrote: »

Did you have written proof of cancellation, any letters to thank you for it, or a copy of your cancellation you sent them?

I don`t remember, it was so long ago.

I suspect I did cancel it over the phone. 24£ isn`t amount of money I would risk damaging my credit history.

Rob_UK

I had enough of them. I`m willing to take Virgin Media to court. Do I just file small claims court? But I`m not claiming money, but asing them to remove default because they cannot proove it.

chanz4

Yes, however before you do has the £24 been paid?

Rob_UK

chanz4 wrote: »

Yes, however before you do has the £24 been paid?

Yes in 2010. But isn`t small claims court just to claim money/damages? I`m not trying to claim money.

fermi

Can you prove you cancelled the contract?

If no, then you will have problems arguing that the default was unfair.

Others have said on this thread that the MUST serve you with a default notice.

That is NOT true for a broadband account.

What they should do in most cases is just send you a letter with a "notification of intention to file a report with the credit reference agencies".

That is not the same as a legal "default notice" under the Consumer Credit Act. People frequently get the 2 mixed up though.

There are only vague requirements to provide the latter, and not doing so or not receiving one is not always a good argument for a default not standing.

I'm not necessarily trying to persuade you out of action, but taking action on an incorrect basis is not likely to help you and could cost you more in the long run.

Rob_UK

Yes I phoned them and canceled contract. I never received ANY letters from then regarding those £24. I still want to take them to court as I believe that will force them to remove default. So, where do I file a court case if its not money claim ?