Help with Virgin Claim going to Court

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  • halifaxmortgage
    halifaxmortgage Posts: 166 Forumite
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    waamo wrote: »
    No. The LBA sets out your position and they are free to dispute it. Ignoring it is not disputing it.

    Put the value of the estimate as your claim.

    You are good to go.

    Thanks waamo for clarifying this. If I may say, surely I can claim higher than the amount of estimate, because it doesn't include:

    1. The costs of VM cable being moved/re-routed
    2. The time I've spent off work to try and resolve this (I know I haven't lost money in salary as such, but that's because I've used my own leave and flex-hours.
    3. The whole inconvenience I've had.

    Many thanks
  • waamo
    waamo Posts: 10,298 Forumite
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    1. If you can get a rough estimate for it you can add it but without a value you are just guessing. The courts don't like guesses.

    2. That isn't part of the claim but judges sometimes allow costs to be awarded. They aren't always awarded so keep evidence of any costs you have accrued. If it goes to court and it's discussed you want to be organised and well prepared.

    3. No.
  • halifaxmortgage
    halifaxmortgage Posts: 166 Forumite
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    Waamo your a star buddy. Really appreciate your help and advice.
  • halifaxmortgage
    halifaxmortgage Posts: 166 Forumite
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    Oh sorry, I forgot to ask.... The court legal costs... Am I supposed to include that in the amount too or is that automatically included?
  • waamo
    waamo Posts: 10,298 Forumite
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    There is a box that you enter the court fee in. You then have to enter the total at the bottom. The court fee is added to the initial claim.

    There are about three boxes for various fees. Most wont apply to you so leave them blank.
  • LiGhTfasT
    LiGhTfasT Posts: 168 Forumite
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    Is it just me or does it not even look that bad? Its not great but how else can they run a cable to that point? Did you specify a route? to me its better like that instead of them lifting the flags and possibly damaging that drain or cracking a flag imho.

    You could just chisel some of that cement away to tidy it up a bit, once you've brushed up and its weathered in you wont notice it.
  • halifaxmortgage
    halifaxmortgage Posts: 166 Forumite
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    edited 18 October 2018 at 2:56PM
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    LiGhTfasT wrote: »
    Is it just me or does it not even look that bad? Its not great but how else can they run a cable to that point? Did you specify a route? to me its better like that instead of them lifting the flags and possibly damaging that drain or cracking a flag imho.

    You could just chisel some of that cement away to tidy it up a bit, once you've brushed up and its weathered in you wont notice it.

    I understand what your say, but see it from my point-of-view mate. As some forum members will know, I've tried my absolute best by using helpful advice on here to resolve this amicably with virgin. I used various methods such as phone calls, emails, written letters, but to my frustration, I've been unsuccessful, each time hitting a brick wall.

    Let's say for the sake of it, even if the job is reasonably easy to rectify, why didn't they just send an assessor out or a team out to do the repairs and resolve this swiftly? Even their online forum staff agreed with me. All their excuses were that they don't send out repair people and that the letter is deadlocked .They just kept telling me to go to CISAS, even though I clearly told them that CISAS have already advised damages are not their responsibility:

    Capture.jpg

    and Trading Standards have stated they don't deal with utility/broadband companies.

    For me it's the principle and the fact that I have no right to connect/disconnect their cable which is only 1cm or so in the ground. Let's hope no one trips over the cable, otherwise they'll be looking at an injury claim too.

    Just to let everyone know - Today I've submitted the claim and will keep you fully informed. I want to say a big thank you to everyone who has helped me and especially to Waamo.
  • waamo
    waamo Posts: 10,298 Forumite
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    Good luck.
  • halifaxmortgage
    halifaxmortgage Posts: 166 Forumite
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    Hi guys. Just a quick update....VM had until 7th Nov to reply. MCOL now says that VM have "filed an acknowledgment of service on 05/11/2018".

    Could anyone please explain what this means, what happens next and whether I need to do anything?
  • DoaM
    DoaM Posts: 11,863 Forumite
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    AoS means they have acknowledged the claim and (probably) intend to defend the claim. Doing the AoS gives them the full 28 days from claim date in which to prepare and file their defence.

    Read the guidance notes on the MCOL website.
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