Help with Virgin Claim going to Court

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  • the_lunatic_is_in_my_head
    the_lunatic_is_in_my_head Posts: 7,594 Forumite
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    Have you tried posting those pictures to their Facebook page? They seem to reply to comments, a bit of public shaming might help.
  • halifaxmortgage
    halifaxmortgage Posts: 166 Forumite
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    I've already posted on their forums...unfortunately they have an excuse that since the complaint is deadlocked, then they can't help and I'd have to go down other avenues.
  • halifaxmortgage
    halifaxmortgage Posts: 166 Forumite
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    Right guys, just a quick update that today I've posted the legal action letter to the PO BOX 333 complaints address given to me earlier. I've enclosed a CD with photos and videos and given them 28 days. The letter has been sent 1st class recorded. I just hope they respond and resolve this. It's really draining my energy.
  • waamo
    waamo Posts: 10,298 Forumite
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    If you need to write again don't use signed for aka recorded in old money. If they don't sign (and a surprising amount of companies don't) then you have no evidence it was delivered.

    Legal documents posted first class are deemed to be delivered two working days after posting unless the recipient can demonstrate otherwise.

    Signed for is a waste of money.
  • halifaxmortgage
    halifaxmortgage Posts: 166 Forumite
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    Thanks for the tip waamo. If they don't sign for it and since that would be classed as undelivered, will I be able to get the original letter back?
  • waamo
    waamo Posts: 10,298 Forumite
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    Just send it again first class. Get free proof of posting from a post office. That way they've had it.
  • halifaxmortgage
    halifaxmortgage Posts: 166 Forumite
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    edited 16 September 2018 at 11:42AM
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    Hi Waamo. Really sorry for the late reply. I've got a short update for you guys. Firstly, the recorded delivery paperwork has definitely been signed for on 13/09/18.

    Secondly, last night I got a call from VM complaints (offshore). Unfortunately he only called with regards to my original Legal Action email and simply would not accept any reasons for my complaint, even though I made it clear to him that I will take legal action against VM. He stated that due to deadlock, he can't do anything. I asked him to send a reply in writing, to which he agreed.

    I'm now thinking that unless VM respond to my posted letter, that I wait for the the letter's deadline to expire and then go ahead with my court action...what do you think?

    royalmail.png
  • waamo
    waamo Posts: 10,298 Forumite
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    You need to do what it says in your LBA. If it says "you must respond by" xxx date then they have responded by that date.

    I hope your LBA was clear about what they had to do and when. Their response should also be clear as to their position.
  • halifaxmortgage
    halifaxmortgage Posts: 166 Forumite
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    edited 16 September 2018 at 1:28PM
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    I used the template letter on CAB website and it clearly states the following:

    I look forward to hearing from you within the next 28 days.

    Should I not receive a response to my letter within this time frame then I anticipate that court action will be commenced with no further reference to you.
  • steampowered
    steampowered Posts: 6,176 Forumite
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    Yes, if you don't receive an acceptable response in that timeframe, and you think you have a decent case, you should proceed with court action as soon as the period expires.

    28 days is more than enough time for a formal written response. The usual time period is 14 days so you've been generous.
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