VM owe me £810 and won't pay.

Cumberland · 04-04-2008, 11:53

Hi folks,
Really just exploring my last options before a legal route.

I left Virgin (NTL) broadband in Nov 05, and initially was impressed with the cancellation procedure and the nice letter which told me I'd be welcome back at anytime.
Roll on to Sept 07. When my bank statements became itemised for the first time i noticed a direct debit being taken out for Virgin media, and upon calling them discovered that that they had continued to extract the charge for broadband after the account had been stopped. This resulted to £810 in ilegal direct debit. A cheque was promised right away ................

The cheque didn't arrive. Since then, I've called them every 2 weeks/month , and each time promised it would be sorted out. I don't use a landline here, so have spent a fortune waiting in the queues on my mobile phone.

I've been told various things by the customer operators, "it's on its way," "you'll have it by christmas" "It's waiting for approval by managers" and the last being, "it's all sorted, don't call back, you won't need to as you'll have within the week." that was 5 weeks ago.

This is too much money to just put down to experience.

Not only that, even after my call to VM, and the cheque was promised, they still managed to take another payment out of my account, so they actually owe £845, but i just want this resolved and would settle for the £810.

Does anyone have any advice before i go down the legal route?

Thank you in advance for any help/advice that's administered.

Dave

**David F** · 04-04-2008, 11:56

As it was bad DD consult with your bank as its the DD guarantee

failing the above take VM to court

Cumberland · 04-04-2008, 11:59

Quote:

Originally Posted by zinglebarb

As it was bad DD consult with your bank as its the DD guarantee

failing the above take VM to court

Thank you, but the bank won't help me either, they say that because i called VM first and that they promised me a cheque, the bank can't help me.

haydnwalker · 04-04-2008, 12:01

Just one thing...(and i'm not blaming you as I spose people don't always think about it)

Why on earth didn't you cancel the DD as soon as you noticed? You as the consumer have the right to Cancel the DD and you shouldn't have had to tell VM as you are no longer a customer.

That shouldn't have stopped you getting your money back.

EDIT: Go to Citizens Advice and ask them what can be done as they should be able to help. See what you need to do to go to small claims court etc.

EDIT 2: I would also send them (VM) a letter telling them everything that's happened and what you've been told and what you wish them to do (along with the updated cost). Advise them you are seeking advice and legal council in regard to recovering the cash you are owed. Keep a copy of the said letter. As anything you're told on the phone means jack-poo if there's no record (and from what I've seen on these forums, VM don't like recording conversations on their systems).

**David F** · 04-04-2008, 12:09

From the guarantee

Quote:

If the amounts to be paid or the payment dates change, the organisation collecting the payment will notify you normally 10 working days in advance of your account being debited or as otherwise agreed
If an error is made by the organisation or your bank or building society, you are guaranteed a full and immediate refund from your branch of the amount paid
You can cancel a Direct Debit at any time by contacting your bank or building society. We also recommend you notify the organisation concerned.

go back to the bank and kick up a fuss and refuse to leave untill you see someone in charge. Nowhere in the guarantee does it say do not contact the company making the mistake. Invoke this guarantee or threaten court action

Show them what the definition of guarantee is just to ensure they know English

Quote:

give surety or assume responsibility; "I vouch for the quality of my products"
make certain of; "This nest egg will ensure a nice retirement for us"; "Preparation will guarantee success!"
a written assurance that some product or service will be provided or will meet certain specifications
undertake: promise to do or accomplish; "guarantee to free the prisoners"
a pledge that something will happen or that something is true; "there is no guarantee that they are not lying"
stand behind and guarantee the quality, accuracy, or condition of; "The dealer warrants all the cars he sells"; "I warrant this information"

Tali · 04-04-2008, 12:20

Quote:

When my bank statements became itemised for the first time

Huh? Surely the bank has an obligation to provide statements? If they don't give you the ability to check your finances then they need to take some responsibility of stuff going on your account

Cerberus · 04-04-2008, 12:22

As Zingle has already stated. All DD's are backed by the DD Guarantee. You have the right to claim that back. However, I am not 100% sure if this covers DD's taken for a certain period. Your bank has the power to pay you that money back, so what your bank has said is utter bullocks.

Kick up a stink with your bank, tell them you're going to switch to another bank who can provide you with a better level of customer service, then sit back and watch them jump through hoops to keep your custom.

Wouldn't be a bank that's a member of HBoS would it?

Your DD Rights

Hope you get it sorted and print that page, take it into your bank and show them that. (Link Provided)

**Mick** · 04-04-2008, 12:24

Cumberland - please PM me the account number of your VM account and a name and contact number and I shall pass this on to one of our contacts at Virgin Media to look at.

Cumberland · 04-04-2008, 12:38

Zinglebarb, thank you , would that legal action be against the bank as well as VM? I've been to the bank (Natwest) twice, and each time the same. the last time was about 8 weeks ago and they said they'd e-mail their office in southampton (which they appeared to do infront of me) and call me as soon as they got a reply . Suprise, they didn't get back to me. I may call them and make an appointement this time , so they won't rush me out the door. Thank you again for your advice.

And thanks haydnwalker, "Why on earth didn't you cancel the DD as soon as you noticed? You as the consumer have the right to Cancel the DD and you shouldn't have had to tell VM as you are no longer a customer."

Being of little experience in these matters, I called VM the instant i noticed, and after that call was genuinely assured that the matter was going to be resolved, I just didn't think they'd take another payment,and i did stop it the DD the moment i noticed. Definately a learning experience.

---------- Post added at 11:26 ---------- Previous post was at 11:25 ----------

Quote:

Originally Posted by Mick

Cumberland - please PM me the account number of your VM account and a name and contact number and I shall pass this on to one of our contacts at Virgin Media to look at.

Thank you very much Mick, PMOTW

---------- Post added at 11:37 ---------- Previous post was at 11:26 ----------

Quote:

Originally Posted by Tali

Huh? Surely the bank has an obligation to provide statements? If they don't give you the ability to check your finances then they need to take some responsibility of stuff going on your account

Until recently, direct debits weren't labelled - i.e. it would just say

direct debit - £37-00 , without a company name , it wasn't until recently that it said VM , which was when i noticed it, previously i thought it was just the DD for my mobile. Silly me i know, but i have learnt now not to trust anything.

---------- Post added at 11:38 ---------- Previous post was at 11:37 ----------

thanks everyone

**David F** · 04-04-2008, 12:46

I persoanlly fnd it mad that you never missed this money. It does not get VM out of it but how do you miss it? I keep accounts and im bad with money.
Seeing as you must be loaded when you do get the 800 notes back I wouldnt say no to a couple of hundred of em lol

to Mick though his way should sort it best hopefully

Cumberland · 12-04-2008, 18:38

Thank you to all who helped me on this matter,and thanks to this great resource this matter has been resolved!!! a happy man here :-) Result

thanks all

Dave

**David F** · 12-04-2008, 19:17

when can I expect my cheque lol

dragon · 12-04-2008, 20:24

I tend to cancel the direct debts although sometimes I forget.

I don't like to do it right away after cancelling a service to make sure any outstanding balances on my account with the company get paid before it's closed. (e.g unbilled calls)

AndyCambs · 13-04-2008, 15:14

Quote:

Originally Posted by Tali

Huh? Surely the bank has an obligation to provide statements? If they don't give you the ability to check your finances then they need to take some responsibility of stuff going on your account

I just wondered which bank fails to give statements on a monthly basis.......
Personally, I read mine, reconcile and check online regularly too....

eth01 · 13-04-2008, 16:13

Doing that though could get you negative credit history -- which in reality, isn't so good.