first issue

**murdock** · 03-Jan-11, 11:58 AM

first issue to sort out...virgin mobile and direct channel credit management.

i have just receiced a print out for and outstanding amount from credit direct...

my query is it legal for these people to bill me
R15.96 for telephone calls
R7.98 for sms
R39.90 for a consultation which was a telephone call (for a detailed memo)
total bill todate over and above the so called out standing amount owing to virgin mobile
R433.95
total bill owing to virgin mobile R209.00

considering that the telephone number they have been calling and sending sms is not in use...

secondly they have not sent me any legal documents to take me to court so we can sort this issue out.

they have also blacklisted me...i dont understand how they can do this without some form of court summons.

any advise as to the way forward?

the reason i have not paid the R209 was because i had a 24 month contract which was a R199 contract with virgin mobile yet every month R209 came off the debit order...which i paid for 24 months...they are saying that when i signed the 24 months contract there is a clause which states that the contract will continue until i give them 1 calender month notice...which is what i am waiting for so that we can finalise this issue...instead of virgin sending me this information i get a call from the direct channel at a cost of R39.90
and a statement with the outstanding balance.

my question to them is...if they had a debit order running why didnt they debit my account like they had done for 24 month before?

this company just keeps calling the old number and billing me R15.96 regardless of whether or not the phone is discontinued.

something else which concerns me and i am sure you would all agree to this is before any company will change over to another company or pre paid account they will not do it until all outstanding money has been paid over...i have been on pre paid for more than a year with virgin but i dont use the phone i just leave it in my office with a message to advise customers of my new number.

and believe me this wasnt the only issue i have had with virgin hence the reason i changed back to mtn...

i had no cellphone contact for 3 months due to some porting issue they had yet i still paid the bill for all 3 months...and there is more but i am not gona waste time with it...its past.

my question is where are my rights as a consumer?

dave please delete the other post

**murdock** · 03-Jan-11, 01:46 PM

so i get all the documentation together stop at the atm draw R300 just in case so i can finalise this issue and head to the pavilion where i took out the contract...arrive at virgins new shop.

i explain the whole issue to the counter person...give him all my details id...cell number etc.

he tells me that according to the info on his screen i am not outstanding any money and because i took out the contract before the new store was opened i have to contact the help number which he calls because i dont have a virgin cellphone anymore

i get thru to account enquiries...i am asked to repeat everything again which i do...then i am put on hold...the person comes back on line again and askes me another question them puts me on hold again...this time someone else answers the phone and i am asked to repeat everything again id numbers etc...so i repeat everything again and i am put on hold again...this time i am requested to dial 1or 2 or 3 for account enquiries...unfortunaltelyi dont have the patients to get messed around like that so i leave a message with the counter sales person to advise thee accounts department to contact and show me why i oww them R209.

i eagerly await their reply...

and mark my words i will get another call from direct channel before virgin accounts department and sent another outstanding amount of a further R15.90 or R39.90

how do you sort out outstanding money if the accounts department of the company you owe the meny to cant even tell you how much and why?

by the waythe only people in the store where people with account queries...sad

**murdock** · 03-Jan-11, 02:07 PM

wow...i have just called head office to sort out this issue...when you call the head office the machine tells you richard branson doesnt need your money...no wonder i cant get thru to anyone to settle this issue...if anyone from virgin mobile is reading this thread please send me a pm so i can pay you the R209 once you have shown me why i owe the money

**murdock** · 03-Jan-11, 02:31 PM

just to give you an idea of what i have had to put up with when it comes to virgin mobile account enquiries...so you dont think what an a** he has nothing better to do with his time...this is a response to an email i sent them...this has nothing to do with the final so called balance i owe them...you have no idea what i have to put up with...they didnt debit my account for months due to another glitch in their system so i contacted their accounts department and was told not to pay the outstanding amount because it would cause problem with their system when they finally sorted out the problem...and it goes on and on...i am sure some of you will remeber when i had not cellphone for months because of another glitch in their system due to porting problems...how the h* ll did richard branson get so rich if his companies are run in this manner...he must have inherited his money...i just want to be rid of his company so i can carry on with my bussines...it is gona pay me to just pay the R209 so i can more onto more important issues...

"We do not have the invoices on database since 14/05/07 this is because of the glitch we seem to be having on our systems with some accounts, communication was sent to advise that once that has been sorted then the invoices will be on live portal for viewing and will be sent out to customers. The reason why we sent you the previous email was so that you reduce the balance in the meantime to avoid having a huge balance when the invoice is finalized and distributed. The balance I’m referring to is built up from the usage which I cannot provide you with due to the glitch.

I must apologize profusely for this inconvenience. I can understand that you are not prepared to pay without an invoice and you are more than entitled to wait for it."

**Dave A** · 03-Jan-11, 02:35 PM

If the original amount owed was R209.00, remind them about in duplum. The most they can legally recover including all collection costs, interest etc. is double the original debt - ie. a total of R418.00.

**murdock** · 03-Jan-11, 02:39 PM

but they have a collection agency collecting the money who is sending invoices for every telphone call and sms they have sent...and it is a different company recovering the money...would it still be valid?

**Dave A** · 03-Jan-11, 03:00 PM

Remind them that Virgin is their client, not you. Technically you are reimbursing Virgin for their collection costs. The credit collection company can charge Virgin whatever they want to, but the in duplum rule applies as to what you can be held liable for by Virgin Mobile.

**murdock** · 03-Jan-11, 03:08 PM

i did some research and found this law came into effect in 2007 already...

so the way i understand is that these collection agencies who are harrassing people and charging them huge amounts for collecting money is actually illegal...because if i dont pay them and they keep billing me my arrears to them is gona go into the thousands for a small balance which started at R209...according to them there is also gona be a "receipting fee that will be charged with a settlement payment in terms of debt collectors act 1998 (ACT NUMBER .114 OF 1998 ) regulations"

the next question would then be...how are they getting away with it?

what i also dont understand is how they can blacklist me without even notifiy me that they are doing it...i was always under the impression that they had to send you a summons then if you didnt show for the court case they could only them blacklist you and attach goods.

and then my next question can they come and attach goods and what would warrent them permission to do so.

**murdock** · 03-Jan-11, 03:25 PM

just to confuse matter even more...i have just received a print out from direct channel indcated that all payments up the 1/06/2009 are up to date and my last payment was on the 1/07/2009 an amount od R418 which is double the amount of my monthly contract in which i can only assume was a full and final payment...thats why i paid double....which according to vigin mobile my contract was completed on the 1/04/2009 and the final payment was not made on the 1/05/2009 which is the outstanding balance of R209...yet i now have a print out from direct channel indicating otherwise...and i should be able to bill them for wasting my trip to the pavilion and all the time i am wasting trying to resolve this issue.

it is this kind of abuse that we as the consumer should be protected.

**IanF** · 03-Jan-11, 03:46 PM

I am tempted with things like that to tot up expenses and hours and take them to small claims court. I understand that it is also quite a process. Lets see if the others have some thoughts on this.