Thoughts on this? 30 November 2019 at 3:52PM edited 30 November -1 at 1:00AM in Credit File & Ratings 15 replies 835 views

xlnc99

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?

Willing2Learn

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).

xlnc99

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

sourcrates

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.

xlnc99

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

Willing2Learn

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.

xlnc99

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

Willing2Learn

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/

xlnc99

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

xlnc99

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

eskbanker

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