Not upheld: Credit file / adverse marker disputes complaint against Virgin Media Mobile Finance Limited

Decision detail

Summary

Ms H complained that Virgin Media was unfairly holding her liable for a device plan she claimed to have settled with O in November 2023 when upgrading her phone. Virgin Media had no record of settlement or full payment and continued to pursue the outstanding balance. After Ms H stopped making payments in March 2025, Virgin Media issued arrears notices and a default notice, ultimately defaulting the account and recording adverse credit information. The ombudsman found insufficient evidence of settlement by O, noted that Ms H continued payments until February 2025, and determined that Virgin Media's default action complied with ICO guidance and was reasonable given the sustained arrears.

The Ombudsman's reasoning

The ombudsman found that Ms H had not provided sufficient evidence that O settled the device plan with Virgin Media or that Virgin Media received full payment. Ms H continued making payments until February 2025 and only cancelled the direct debit in March 2025, suggesting she was aware of the outstanding obligation. Virgin Media complied with ICO guidance by issuing arrears notices and defaulting the account after sustained non-payment. The ombudsman was satisfied Virgin Media correctly despatched letters to the address on file and found it unlikely all letters were lost in transit. The phone call evidence showed Ms H was aware of the outstanding balance and default status.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website