Thoughts on this?

edited 30 November -1 at 1:00AM in Credit File & Ratings
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xlnc99xlnc99 Forumite
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edited 30 November -1 at 1:00AM in Credit File & Ratings
So i was reading through a few threads and in particular one came to my mind. It was interesting and i am not sure which opinion is right or wrong.

https://www.consumeractiongroup.co.uk/topic/299731-virgin-media-default-for-late-payment/

I have no services with Virgin but is this person right?

He is stating Virgin Broadband should not be on your credit file or any broadband is it is not providing credit, it is providing a service. He has also put in equfiax terms and conditions to back this up

Is this true?
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  • Willing2LearnWilling2Learn Forumite
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    Is this connected to the Virgin Media early termination charges (ETC)? Because although I am not sure if it is connected, but OFCOM have been investigating VM over the way ETC charges are made (VM allegedly overcharged customers by £2.8M).
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  • xlnc99xlnc99 Forumite
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    Not sure about charges im more referring to Virgin internet or any internet providing reporting on your credit agencies. Are they allowed too? They are not offering credit but only a service
  • edited 30 November 2019 at 4:18PM
    sourcratessourcrates Forumite, Board Guide
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    edited 30 November 2019 at 4:18PM
    xlnc99 wrote: »

    He is stating Virgin Broadband should not be on your credit file or any broadband is it is not providing credit, it is providing a service. He has also put in equfiax terms and conditions to back this up

    Is this true?


    Technically, as you are billed in arrears, you are obtaining credit, you agree to the terms and conditions by use of the service, much like a mobile contract, its not covered by the CCA, so is credit in another form.
    The provision to add a default to your credit file must be in there, otherwise they could not do it.
    Companies can only do what the agreement they adhere to allows them to do, nothing more, nothing less, if its not written in there, then what they are doing is unlawful.
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  • xlnc99xlnc99 Forumite
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    I see, but i believe most services that are offered you are billed in arrears. I believe that is how it works. Its a grey area and now i see why sky and gas and utility bills dont report on your CRA, maybe because they are not allowed too
  • edited 30 November 2019 at 4:25PM
    Willing2LearnWilling2Learn Forumite
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    edited 30 November 2019 at 4:25PM
    xlnc99 wrote: »
    I see, but i believe most services that are offered you are billed in arrears. I believe that is how it works. Its a grey area and now i see why sky and gas and utility bills dont report on your CRA, maybe because they are not allowed too
    I don't know about Sky, but some gas and utility providers definitely report to the CRAs...

    Edit: And by the way, you have a credit agreement with SKY if you have a telephone handset or tablet as part of the contract.
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  • xlnc99xlnc99 Forumite
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    This also leads me to the next question - do you have to give permission for someone to report to the agencies? Do they have to clearly tell you in the legal documents/information that they will report to the agencies for the credit you have

    in other words - can anyone just decide to do this
  • Willing2LearnWilling2Learn Forumite
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    xlnc99 wrote: »
    ...do you have to give permission for someone to report to the agencies?
    No. An organisation will have a 'lawful basis' to share your information.

    https://ico.org.uk/your-data-matters/does-an-organisation-need-my-consent/
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  • xlnc99xlnc99 Forumite
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    thanks for that but i am not sure that applies. Also, this is just to use your data and not 'share' your data so again do not think it applies.

    Its not really clear cut
  • xlnc99xlnc99 Forumite
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    Ive just had a look at Virgins Terms and conditions and compared it with EE terms and conditions

    Virgin have not stated they report to CRA agencies
    EE do state in their terms and conditions that they will report to CRA agencies


    Therefore i believe it must be stated in your agreement by the lender they may pass your data on to the CRA agencies
  • eskbankereskbanker Forumite
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    xlnc99 wrote: »
    Ive just had a look at Virgins Terms and conditions and compared it with EE terms and conditions

    Virgin have not stated they report to CRA agencies
    EE do state in their terms and conditions that they will report to CRA agencies


    Therefore i believe it must be stated in your agreement by the lender they may pass your data on to the CRA agencies
    They cover it via a cross-reference to their privacy policy:

    https://www.virginmedia.com/shop/the-legal-stuff/terms-and-conditions-for-fibre-optic-services:
    J. Your information and how it is looked after

    1. Please take time to read our Privacy Policy and our Cookies Notice which apply to the use of your personal and other information by Virgin Media and its group companies but which do not form part of these terms and conditions.

    https://www.virginmedia.com/shop/the-legal-stuff/privacy-policy:
    details of how you conduct your account with us may also be disclosed to the credit reference agency. This information may be used by other organisations in assessing applications from you and members of your household
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