I have a default on my credit report and I was wondering whether it was worth putting a 'note' on my report explaining the circumstances surrounding it? The circumstances are that I feel I was harshly treated, although in the end it was my fault for not paying my bill......... I had an O2 contract which was an onloine contract i.e. you would have to log into their website to view your bill etc etc, payment being made by DD. I cancelled this at the end of the contract (back in May 2005) and thought that there was nothing outstanding. Having looked at at copy of my credit report earlier this year to my horror I see that they defaluted me in Januaru of this year for the measly sum of £8!! I contacted them, obtained my old username and password and indeed there was a balance of £8 due which I subsequently paid. When I queried why I was not chased for this amount, I got the reply that as it was a n online account it was my responsibility to check my account and they do not chase via e-mail, phone or letter. I checked my online accounts and there was one chaser in my O2 account one week after the amount fell due (May). I just feel the amount of £8 one chaser would have solved the issue, but instead I've ended up with a default against my credit report for 6 years! I never even got issued with a default notice which I thought they were required to do?? Is it worth putting a note on my report explaining this as its not a typical, I got into trouble with too much credit couldnt afford to repay etc default as apart from this I have a near perferct credit history!

This is massively annoying. For the sake of £8!

I would definitely go through the 'note' route. There are many credit scoring systems out there that don't have any manual intervention and would simply decline you for credit even though it is only for £8.

Get that perfect credit rating back asap!

Tim

Hi TIm,

Thanks for your message. Do you have any advice as to what I should put on my 'note' should I just explain how I got the default and that I didnt know about it pretty much what I put in the previous post?

Also, is there anything I can do to reverse the default - I never actually received a default notice - I thought they are required by law to do so before defaulting you?

Thanks

Mark

Hi, Yes you're correct, they should've issued you with a notice of default. Have they not? Have you chased them to ask for a copy?

As for the note, I would just put that it was a DD issue.

Tim

I moved from the registered address a few months after the end of my contract (and obviously didnt see the need to update them with it as I switched to T-mobile!). I didnt fancy ringing their 50p a mintue phone line so I e-mailed them yesterday to get a copy and I got the following response....

Dear Mark,

Thank you for contacting O2 Customer Service about sending the default notice.

I am unable to send you the default notice again, as this is an automated service.


What do you advise that I do. Would it have been sent recorded deliver, would they have known that I hadnt received this? Is there anything I can do as I just feel this is so unjust just becuase of their poor customer service and inability to pick up a phone or send an e-mail letter I have suffered - can I complain to anyone that will listen and take action?

Thanks

Mark

Hi Mark,

Personally I would push. I would email them back threatening them with a solicitor and the OFT if they do not give you access to a Manager or their Legal or Collections department.

Did you keep any of the letters when they were originally chasing payment. This would normally have a number (not usually the 50p per min line) stright to their collections department.

I'll see if I can find out who heads up T-Mobile in the UK. As telling customer services that you will be writing to them and marking it 'Private & Confidential' sometimes gets them to spring into action.

Tim

Hi Tim,

It wasn't letters, (its O2 as well not T-mobile) you log onto their website and view your bill that way and you get messages as well. Thats where the chasers were. They dont send letters or emails (only if in reply to one you send them) or make calls to you, hence why I was annoyed, if they had sent me one chase I would have paid the £8. They expected me to log in after I had cancelled my contract randomly to make sure there was nothing due!

I havent got a copy but can get them there was two chasers two weeks after payment was due basically just stating that my balance was overdue then nothing until the default I saw on my credit file.

When they send a default notice are they supposed to make sure I've received it i.e. does it need to be signed for or anything?

I will e-mail them requesting a copy of the default and chasers again etc, but word it more strongly as per your suggestion above.

Thanks

Mark

Hi Mark,

I have a similar problem with O2, but for £35. I have exchange several letter with them, but no joy. I would like to take them to court, but this could be avoided I would gladly try it.

Have you managed to get your default notice removed?

Thanks,

Andrew

I can't believe o2 can legally do this. It seems so unfair. I have exactly the same issue. Here's my story:

 I have recently been declined credit for several small things. I am used to getting credit cards with £4,000 credit limits so this came as quite a suprise.

 After getting sick and tired of getting refused credit, (the latest time on a £500 sofa!!!!) I finally got round to checking my credit report with all 3 Credit Reference Agencies.

 On reviewing my report with equifax it came to my attention that I had one account which had beed assigned as default in May 2004. This was for an outstanding balance of £329 which I found out was o2. This was an O2 online account and I was fairly positive that I had cancelled this contract when I took my new contract up in 2002. They however say that I had never cancelled it and they've been billing me (to an o2 email account which I no longer checked as I no longer used o2) via email for 22 months until they put the account as default.

 What I don't understand is why they didn't attempt to contact me using the traditional method of post as they can guarantee that I would actually receive it then as opposed to an email account which I no longer used and sending text messages to a phone which I believed to be cancelled and which I would have binned.

I contacted o2 customer services and they have said it was my responsibility to check the email account. How can they get away with this. Surely after 2 or 3 months of them not receiving payment from me they should have cancelled my line and contacted me. Not wait 2 years then put my account on default. They surely can see the phone wasn't used during that 2 year period if they had a proper billing system but they tell me they have very few records.

 I also never received a default notice and am looking to get this cleared up ASAP so I can start enjoying credit again as I am trying to buy a house at the minute.

 Please let this be a warning to steer clear from O2 and especially O2 online.

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Joe Burns

I have scanned this post to make sure this point hasn't already been mentioned. Another member corrected his credit report and couldn't understand why he still had a problem. He talked to an institution he was involved with and they said they didn't have a facility for taking account of customer corrections although they knew they were there. Perhaps the expert could shed light on this point.

I have had the exact same thing with an O2 Online account.  I am trying desperatly to get the default removed.  Has anyone had any joy with O2?

I would appreciate any advice on what action to take.

Thanks

 

Laura

Laura,

As per my email:

I have today spoken to O2 Complaints after spending several hours on the phone to O2 Customer Services yesterday.

 

I explained my situation and they have accepted that it seems that they are in the wrong and they have said they’re going to contact me within 5 working days regarding clearing the debt and removing the default.

 

Advice:

 

I will get you the contact number for O2 complaints so you can get straight onto them. Take note of everything they say regarding dates, payments, usage of the phone etc.

 

I have also contacted Trading Standards and got a reference number for the case which I’d suggest you do just so that you can tell them you have contacted trading standards. I would also tell them when you’re on the phone that you have reported the issue to Offcom. Make sure when you speak to someone in the complaints department that you record the conversation if you have the ability to do so. Also before saying anything besides “hello” mention to them that you are recording the conversation so that you can pass it onto Trading Standards or any solicitor involved in the case. Make sure they accept that it is ok for the conversation to be recorded.

 

If you are in the same situation as me, i.e. they have put a Default on your credit file then it is probably the case that you never received a default notice either. In which case the default they have placed on your file is illegal and I’d suggest that you request (in writing using recorded delivery) that they forward a copy of the original, signed Default Notice which was sent to your home address along with any statements or bills which show what you owe. If they fail to provide all of the information above within 28 days then it is their legal obligation to remove the default from your account.

 

I am not a legal professional and the advice I have given is just from my own experiences and things that I have picked up on the internet.

 

Hope you get a resolve and keep me updated as I may also try and take this up with watchdog and/or also publicise in local/national paper.

 

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Joe Burns

Also it is worth looking at the following site with template letters to remove defaults from your credit record:

http://www.learnmoney.co.uk/credit-cards/remove_default_notice.html

Cheers,

Joe Burns

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Joe Burns

Hi Joe,

Thank you very much for your indepth reply.  I will try everything that you have suggested.  I do have one query though and that is with regards to the defualt notice itself.  I wrote to O2 a few weeks ago using one of the templates asking them to remove the default as i had never received the original notice.  They replied a few days ago say "As O2 do not offer differed payment terms this aspect of the Consumer Credit Act 1974 does not apply."

Basically as i understand being a telecommunications company they are offering a service in return for payment and therefore are not ruled by the Consumer Credit Act 1974. 

Does this still mean that they have to send you a default notice? or are there exemptions as they are not ruled by the Consumer Credit Act?

 It's all so confusing and not knowing my right's makes it even harder.

 Thank you again for your advice, i will let you know how i get on.

Laura

With such a quick and damaging response it seems obvious O2 are quite experienced at ripping people off!!

 I've actually been mentioning the problems I've been having to everyone I come across and I've found it unbelievable how many people I've come across who have suffered the same issues with O2. This is definitely something that should be reported to watchdog or something.

Laura, can you explain exactly what happened with yours? Is it exactly the same circumstances as mine?

Joe Burns

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Joe Burns