Incorrect default Virgin not responding

dlwales

So I have 1 defaulted account with Virgin media (was a mobile account), defaulted in 2018 but account was taken out in 2012 payments were stopped in 2012/2013.

Second Virgin account hasn't been defaulted, taken out end of 2011, they just keep reporting 6 months late.

Ive written and requested a copy for both accounts of a CCA and statement of accounts, I sent the £1 cheques and they cashed them both.
I heard nothing so sent another letter to ask them to respond and they didn't, it was signed for posted.
As no response I then wrote to 4 different addresses I found requesting the information including proof of the above and they rejected 2 letters and signed the other 2.
Ive put an official complaint in, signed for postage (only received last week tho) 
Ive contacted Equifax for both accounts and the response from virgin was the information is correct please contact customer service to discuss, I have 4 times and they can find no accounts under my name and address.
I have also sent a SAR letter including the £10 which hasn't been cashed yet.

Ive contacted ICO but they said it will be 3 months before they can look at it, FCO have said 8 weeks from the official complaint before they can look at it.


What more can I do? am I missing something? 
If the default date was back when I was 6 months in arrears id be fine with that, also the other account id want defaulting back to when I was actually 6 months late instead of reporting every month that im 6 months late.

[Deleted User]

dlwales said:

I have also sent a SAR letter including the £10 which hasn't been cashed yet.

They may be wondering why you've sent them £10, as that hasn't been a requirement for almost a couple of years now.  They may put it towards your debt.

You should ask for the default to be backdated. If it needs escalating, remember you need to go to FOS, not the FCO, who are busy with Covid at the moment.

Yahoo_Mail

A few things first.

1. You're wasting your money sending things signed for, if you want proof you sent the letter, take it to a post office and request proof of postage.  Proof of a letter being sent (via Royal Mail) is deemed to be proof it was received.

2. I'm not sure why you requested a CCA?  This won't get the defaults removed or set to the correct dates.

3.  A SAR is free (with a very small number of exceptions that don't apply here) and has been for nearly 2 and a half years now, that's probably why your cheque was not cashed.

4. The ICO and FOS (presumably you meant that rather than the Foreign & Commonwealth Office) are correct.  The ICO are bogged down in complaints so at least 3 months is not unreasonable and any ombudsman would require you to receive either a deadlock letter or 8 weeks from you sending an official complaint in order to look at it.

Incidentally, the FOS are the wrong people to go to, you need to take this to the CISAS.  But you'll still need to wait 8 weeks, so you've got another 7 weeks to go.

dlwales

I requested a CCA and statement to find out when it was stopped being paid, the template I used had both on. 

Didn't realise SAR was free, they did cash my other cheques but didn't reduce the balance reporting, so do I contact FOS and CISAS in the mean time or wait until virgins time has elapsed or had a response?

dlwales

Both debts I know are statute barred but if they corrected the information on my file id pay it off.

Yahoo_Mail

dlwales said:

I requested a CCA and statement to find out when it was stopped being paid, the template I used had both on. 

Didn't realise SAR was free, they did cash my other cheques but didn't reduce the balance reporting, so do I contact FOS and CISAS in the mean time or wait until virgins time has elapsed or had a response?

A CCA would not tell you when the last payment was, and as by your reckoning it was a good 7 years ago, they may not have any record of it anyway.

You don't contact either of them, but especially not the FOS. They have nothing to do with telecommunications providers so you need to let the complaints process run its course and as I said you need to wait until you get a deadlock letter, or 8 weeks have passed before taking it to CISAS.

Edit: And as I recall mobile phone contracts are not regulated under the Consumer Credit Act as they are not considered to be credit so you won't get anything from CCA request.  You should probably ask for your quid back.

dlwales

Is it 8 weeks from the official complaints letter to the complaints address or can it be from when I first contacted them? 

Yahoo_Mail

dlwales said:

Is it 8 weeks from the official complaints letter to the complaints address or can it be from when I first contacted them? 

8 weeks from when you sent them an official complaints letter.

dlwales

Thanks for your help, with regards to the deadlock letter does that have to come from the official complaints team or can it come from the response I had from Virgin through Equifax that the information is correct? Thanks

Yahoo_Mail

dlwales said:

Thanks for your help, with regards to the deadlock letter does that have to come from the official complaints team or can it come from the response I had from Virgin through Equifax that the information is correct? Thanks

Obviously, it would come from your official complaint.  What you got back from Equifax wasn't a "deadlock" response anyway.

dlwales

Ok thanks how do I know what a dead lock response is?