Help with Virgin Mobile contract

[danny1234]

Hi all

I stumbled across this forum whilst searching google and it looks very helpful and informative, but I just wanted to run something by you to see your thoughts on my particular situation.

1/ I took a Mobile contract out @ £36 a month for an iPhone 7 in Jan 2017
2/ they sent me a smashed iPhone
3/ this was promptly replaced with the wrong colour iPhone which they told me not to open or use
4/ they could not replace the wrong colour phone as the smashed phone hadn't been received back from their courier
5/ after some weeks had passed they finally sent a phone, I don't have the exact date to hand but will have it written down - bear in mind during this time I had no use of my airtime
6/ i tried to change my tariff as I was using more data than I thought
7/ several technical issues over several weeks stopped them from changing my tariff and I was paying an additional £20+ per month for data alone
8/ they wanted £700 off me for the phone they never received back which their courier collected
9/ a few more calls and still being overcharged for data etc
10/ in the end in June 2017 I cancelled my direct debit and requested my PAC to move to o2 on several occasions
11/ they refused as I'm still in contract, I pointed out several times the Ofcom guidance and eventually they issued my PAC
12/ I offered them to collect the phone, which I still have in its original packaging but they refused
14/ they sent me a bill showing I owed £20
15/ I got chased by 3 debt collectors, one asking for £540 and one asking for £47
16/ I got a letter today about a notice under sections 78(1) and 98(1) of the CCA 1974 demanding £540
17/ I called them they say they have issued a default on my credit file for non payment (which I never received) and that the airtime agreement and phone were 2 separate contracts.

Do I have any rights here as the goods / service which I was paying for were never received as described.

I did send a data subject access request at the time and have all the notes on my account and recordings of telephone calls where they have incorrectly advised me of various things and refused to issue my PAC etc, which surely isn't fair trading etc

Just conscious if I don't pay this £540 now I may end up in court arguing over it and also have the issue now with the default on my credit record.

Regards

Dan

[slainte caragh]

Re: Help with Virgin Mobile contract

It sounds like you took out a (I believe it is called) Liberty tariff where you have a CCA for the phone and a airtime agreement for the tariff.
I would remind them that under the Sale of Goods and Services Act they have to provide goods that are of a functional quality within a reasonable timescale and that services must be as described. I will check with some people in the know '(IE former colleauges) but I am sure if you signed a collection slip for the phone, Virgin don't have a leg to stand on!

As for the CCA agreement for the handset, politely remind them that under their T&Cs and the aforementioned
Act they are responsible for cancelling all of the agreement. If they have adversely affected your credit rating they will need to rectify this too!

[charitynjw]

Re: Help with Virgin Mobile contract

16/ I got a letter today about a notice under sections 78(1) and 98(1) of the CCA 1974 demanding £540

Exactly what is this for? (& do you mean s87?)
How do they come to a figure of £540?
& how many days from the date of the notice have they allowed for payment?

[danny1234]

Re: Help with Virgin Mobile contract

Morning

Thank you for the replies.

The letter states "Notice served under Sections 76(1) and 98(1) of the Consumer Credit Act 1974"

"We are writing to serve you notice that under sections 76(1) and 98(1) of the CCA of our intention to terminate and to demand earlier repayment of the total amount of £540.00 outstanding under your Credit Agreement".

It doesn't give any dates or any payment details, maybe another letter will follow shortly.

Regards

Dan

[Amethyst]

Re: Help with Virgin Mobile contract

Is the Notice served for the credit agreement for the phone ? or both ? ( is the reference for the credit agreement or the airtime - did you get your online account set up so you can see your bills / credit agreements ? - if you can check your emails from when you opened the account, and where you went to sign the agreement - you should be able to access a copy - have a look at clause 12 - which covers their right to terminate the credit agreement and call it in if you cancel the airtime contract. And if you check the airtime contract look at Clause 10 ( which is vice versa). I'll get a copy of mine for ref but you need to check yours.

Basically as the airtime contract has been ended ( not sure if you formally cancelled with agreement or just stopped paying ) they are calling in the credit agreement ( which is why it's section 76 and 98 CCA terminate without default )

Sounds like they just gave you pretty poor service all round and you will be needing to make a formal complaint to get this sorted out. I'm also not actually certain whether you still have that last phone ? ( phone 1 was broken and you sent it back via their courier - phone 2 I'm not sure, you told them to collect it when phone 3 arrived? - phone 3 not sure if you are keeping that or want to return it? )

[danny1234]

Re: Help with Virgin Mobile contract

Hi Amethyst

It doesn't mention my phone number or Virgin Media account number but does have a credit agreement number, so I can only assume what you are saying is correct. I don't have access to the billing system anymore, or cant remember if I even did. I may have the original agreement at home however the notice does mention clauses 5.4 and 10.2.

We did formally agree that the airtime would be cancelled however they refused to collect the phone as 14 days had passed. I don't remember them saying I'd need to continue paying it off and I always knew at some point this would come back to me.

I guess my only options now are to put this into dispute and contact Trading Standards or pay it off?

Regards

Dan

[Amethyst]

Re: Help with Virgin Mobile contract

Do you have only the last phone now? ( did phone 1 get sorted out with the courier evidence?, and did they collect phone 2 ? )

I'll dig up clause 10.2 off mine, I have the credit agreement here so I'll do a screen shot that refers to the airtime agreement.

The phone was about £650 ?? over what 36 months ? and when you cancelled the DD that was just the airtime DD and you continued paying the credit agreement DD ? or did you stop paying that too ? ( which would mean the credit file default )

[Amethyst]

Re: Help with Virgin Mobile contract

Clause 12 - credit agreement

[danny1234]

Re: Help with Virgin Mobile contract

Hi Amethyst

I only have the last phone now, they took the financial loss on the 1st one that was smashed and they never received back as they arranged the courier who did a like for like swap at my door (literally took the faulty phone and handed me a replacement in the wrong colour). Yes they collected phone 2 eventually (again a like for like swap).

It was a 24 month contract at £30 for the device and £6 for the airtime. I cancelled all Virgin Media direct debits with my bank as there were still a couple active for broadband and TV which I no longer had.

Regards

Dan

[Amethyst]

Re: Help with Virgin Mobile contract

Mine is Freestyle - so it's a 36 month credit agreement - and a 30 day rolling contract for the airtime ( so I can switch packages about ) but I have been with Virgin for donkeys eons so probably why I'm on a rolling contract rather than a fixed term now. I can't actually find the airtime agreement on my online account at the mo to quote for you though... I'll ask them for a copy as it's bugging me it's not there. My PUK code and IMEI are immediately available on the online account so you could have avoided those malarkies. lol.

So anyway, I'd give Virgin a call and try speak to someone who can actually tell you the exact situation with your account. You want to keep the phone ( which you now have on an O2 sim presumably?) so will need to pay that agreement off. The bit I'm confused with is that if you stopped paying in June 2017 and they've already entered a default on your credit file how they think they can 'no default' terminate due to the clause 12/10 issue with the airtime contract now. They must already have defaulted you on the credit agreement for non-payment.