Breach of Consumer Rights Act 2015 and discrimination under the Equality Act 2010
I wrote to Mr Shueler to formally complain re the following:
1. A Virgin Media account was opened on 31.015.2011 by my elderly father in law Christopher P. 2. Christopher P was made a verbal renewal offer by Virgin Media in 2016, which differed from the written offer sent subsequently. 3. Christopher P notified Virgin Media at the time, that this was not acceptable and he did not wish to proceed with renewal. 4. One month later on the 28/04/16 Virgin Media defaulted this account and recorded this with the credit reference agency for the sum of £54. 5. Virgin Media continues to record this default up to and including 28/03/21 with the credit reference agencies.
It is appalling that Virgin Media raised a default sum of £54 for a renewal that was declined by Christopher P, not withstanding that The Consumer Credit Act 1974 and the Consumer Rights Act 2015 (applicable at the time) allows 14 days cooling off periods and cancellation rights.
Mr P was not aware of this sum being required or defaulted under a new arrangement as far as he was concerned he had paid by direct debit for his old agreement faithfully and did not owe anything.
Furthermore Virgin Media are required to to follow clear governance before defaulting an account, ensuring appropriate notifications etc by failed to do so. Clearly due process was not followed as Virgin Media defaulted the account one month later.
Christopher P is 77 years of age, and it can be considered discrimination under the Equality Act, that Virgin Media have taken disproportionate steps and behaved in this appalling manner continuing to knowingly, erroneously report a sum of £54 as defaulted since 2016, which Christopher P was not aware of until now (having been identified via Experian).
Preceding a formal complaint to the Ombudsman, I proposed that Virgin Media mitigates reputation and other risks, by rescinding this default sum and immediately removing this default from Christopher P credit files including that reported with Experian Credit Reference Agency.
I have yet to receive a response.
Virgin Media cannot deny this public notice of complaint and I strongly suggest that Virgin Media responds as a matter of priority, failing which I will escalate this complaint which will no doubt cause bad press for Virgin Media.
[MOD EDIT: Personal and private information has been removed from this post.]
Re: Breach of Consumer Rights Act 2015 and discrimination under the Equality Act 2010
A bad tale, and (as a fellow customer) I'm sorry to hear it. I have flagged your post for the moderators because there's personal data that will need to be removed, but I have also escalated and asked for forum staff to take this up and respond. They'll do their best, so do give them the opportunity. VM isn't a nasty company, but it's processes are a big bit chaotic at times.
If that doesn't get the outcome you want, then you will need to escalate to the industry arbitration scheme CISAS, but don't do that before seeing if the forum staff can resolve it, because if they can that will be much quicker and easier. To escalate to CISAS you must have formally complained to VM, and they must have either issued a "deadlock letter" saying they won't settle on terms acceptable to you, or they must have had the complaint for eight weeks regardless of whether they resolve it, reject it or lose it.
Hope it gets sorted quickly and without hassle.
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