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16th March 2008
Mr Ken Dugdale
Virgin Media
PO Box 238
Wythenshawe
M22 0WJ
Your Ref: KHD/8371159
Dear Mr Dugdale,
Thank you for your letter dated 13th March 2008.
After reading your request for me to provide you with five utility bills from three years ago, I can only assume that you have misread the email below and the letter I sent you regarding information under the Credit Consumers Act 1974.
Please could you reread the copies of the letters I sent you dated 11th August 2007, 10th September 2007 and 8th October 2007, I sent these letters regarding the entry on my credit file as I have no recollection of having a debt with your company or of having received a default notice.
The three questions in the original letter dated 10th September 2007 specifically relate to this point and request you to substantiate this information. Could you therefore answer in full the questions contained in the 10th September 2007.
By not providing this information within 28 days, Virgin Media have been committing an offence since the 8th October 2007.
If you cannot substantiate this information then may I request you remove the default as unsubstantiated.
Yours Sincerley
Stephen Gaskell.
Mr S . Gaskell
Hapton
Burnley
13th March 2008
Mr Ken Dugdale
Virgin Media
PO Box 238
Wythenshawe
M22 0WJ
Dear Mr Dugdale,
Thank you for your telephone call in response to my email sent on the 4th March 2008 regarding my alleged account at , Briercliffe, Burnley , .
As requested, I enclose copies of letters dated 11th August 2007, 10th September 2007 and 8th October 2007 all sent by recorded delivery, I also enclose letter dated 9th November 2007 from Trading Standards.
For your convenience, I have listed the relevant articles of sections 77 and 78 of the Consumer Credit Act (1974), I would in particular like to bring to your intention section 78 (6(b)).
77 Duty to give information to debtor under fixed-sum agreement
(4) If the creditor under an agreement fails to comply with subsection (1) -
a) he is not entitled , while the default continues, to enforce the agreement and -
b) if the default continues for one month he commits an offence.
78 Duty to give information to debtor under running-account credit agreement
a) state of account, and
b) the amount, if any, currently payable under the agreement by the debtor to the creditor
(6) If the creditor under an agreement fails to comply with subsection (1) -
a) he is not entitled, while the default continues, to enforce the agreement and -
b) if the default continues for one month he commits an offence.
As you can see Virgin Media are in breach of their duties and are committing an offence by continuing to report this unverifiable default, I would again request you provide the information requested, if you feel you are not in a position to do this then could you please consider removing the data in it’s entirety as unsubstantiated.
I look forward to your prompt reply.
Yours sincerely
Stephen Gaskell
-----Original Message-----
From: s gaskell [mailto:@yahoo.co.uk ]
Sent: 14 February 2008 21:01
To: Betts, Dean
Cc: Nasir, Shoaib
Subject: Fw: Entry on my credit file!!!
Hi Dean,Just enquiring if you managed to find anything regarding the entry on my credit file???
Name and address: MR STEPHEN GASKELL
BRIERCLIFFE, BURNLEY,LANCS, Company name: VIRGIN MEDIA (EX-NTL:TELEWEST) Account type: Communications Started: 16/07/2003 Default Balance: £204 Current Balance: £204 Defaulted On: 18/01/2006 File updated for period to: 06/01/2008 Status History:
(brackets indicate most recent status)
[ ]
RegardsStephen Gaskell----- Forwarded Message ----
From: s gaskell <..yahoo.co.uk>
To: dean.betts@virginmedia.co.uk
Cc: shaoib.nasir@virginmedia.co.uk
Sent: Tuesday, 12 February, 2008 12:52:42 PM
Subject: Entry on my credit file!!!
Hi Dean,
Regarding our conversation earlier today, please see below the information I requested on 16th August 2007, this request was sent by recorded delivery.
I also include the entry on my credit file I refer to, placed by Virgin Media and my contact number as requested is 078-----------.
1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account.
2. You must supply me with a signed true and certified copy of the original default notice
3. Any deed of assignment if the debt was sold on.
Name and address: MR STEPHEN GASKELL
, BRIERCLIFFE, BURNLEY,LANCS, Company name: VIRGIN MEDIA (EX-NTL:TELEWEST) Account type: Communications Started: 16/07/2003 Default Balance: £204 Current Balance: £204 Defaulted On: 18/01/2006 File updated for period to: 06/01/2008 Status History:
(brackets indicate most recent status)
If this entry cannot be substantiated, please could you consider removing it from my credit file.
Thanks for your cooperation.
Yours sincerley
Stephen Gaskell
