Months later and o2 still avent and will not remove my default. Ombudsman found in their favour, saying their records showed they'd contacted me. Sadly I can't prove their records are innacurate. I've now involved the ICO. Don't hold out much hope though.

hi Jen

first congrates for getting default removed from your report, secondly i have same problem with my report recently found out that i have default account from O2 exactly as your situation now would you please tell me what exactly to do in order to get rid of this default from my credit report and how long did they take exactly to do all this process, also i did send one email to someone call Matthew Key and got reply from Jane Fakhrane on behalf of Executive Relations, but can you please tell me how did you get your problem sorted, thanks Aamir

Hi Neil

I am pleased to say that the default has amazingly been completely removed from my credit report. They said it shouldn't be on experian and equifax (which it never was) and had been removed from call credit check (which is where I spotted it). So I checked my score again at the first available opportunity and all is now well. Thank goodness I didn't have the hassle other people have had. Maybe they have changed their policy following the publicy and number of people that are complaining?

Jenny

Hi Jen,

I am sorry i have taken over a month to post this message but I suspect you will not have seen any change in your credit status. My experience is that they will stick to their guns and not do anything unles you take them to small claims. emails will bounce back and fore but you'll not get any movement. I'm not sure about the full circumstances of your case but, if you feel that BT's actions are unwarranted take the same action that I did.Send in the small claim form. They don't want to pay lawyers defend something as trivial as this.

Regards

Neil

Hello - I know this is an old post, but just wanted to say thanks for all the information in it.

I just found out in January that I owed O2 £9.62. The only reason I found out is because I got refused credit for less than £400. I checked my credit rating with experian and it was excellent, but when I checked with callcreditcheck.com I found I had owed them this for over two years, after I closed my account and cancelled the direct debit. Like the other people on this forum I had no idea I was owing them this money or I would have paid it immediately, I didn't get any reminder emails or letters. I paid the money as soon as I found out, and have checked my credit report since. The balance on my account now shoes as £0 but the default it still there, so I have email the credit referrals department in the hope that they will remove the default . I'll post again when I get a response. Thanks again. Jen

Hi guys, just want to say a massive thanks to everyone who's posted in this thread with advice on how to deal with this sort of situation.

o2 placed a default on my credit file November 2008 over what they claimed was £26 I owed them.

The short version of the story is that I cancelled my contract in November 2007, they then kept billing me for 5 months before I cancelled the direct debit and rang them again asking for my money back. They said I had agreed to transfer my number to a PAC code, when all I asked was to cancel the account.

They refused to refund me the 5 months line rental I'd paid for by direct debit without realising, even though the phone hadn't been switched on in that period. All went quiet and I didn't hear anything until I got denied a new mobile contract 4 weeks ago. I checked my report and yes, there was the default.

I emailed creditfilereferrals AT o2.com and started a dispute on the ICO website. Two weeks later (the time I gave them to give a response) and I've got what I think is a satisfactory response.

"Your email says that after you called in November 2007, you were of the belief that your account would be immediately disconnected. We’ve recently updated our process to accept disconnection requests by telephone, but this wasn’t the case in November 2007, when we required 30 days’ written notice of your request to end the agreement. All disconnection requests are subject to 30 days’ notice and this has always been the case. To that end, I consider it highly unlikely that the adviser would have intentionally led you to believe that the number would be disconnected with immediate effect, and I’m sorry if you misunderstood.

...

The notes on your account show that you contacted us in May 2008 to dispute the charges. Our response was clear and gave a full explanation as to why we did not agree with your reasons for disputing the balance. As such, we're not obliged to make any amendments to your credit file as you were aware of the charges and did not make a payment. However, I’ve amended your credit file, removing the default and instead showing that the account was disputed, which still constitutes an accurate portrayal of your account with us. In addition, I’ve credited the current balance of £26.61 as a gesture of goodwill. This will prompt a final update to your credit file to show that your account is settled.

The default removal from your credit file should be effective within 14 days. The account will show as settled and closed within 60 days."

o2 have always maintained that the operator would have read from the script and done things by the book, but have never been able to find notes to that effect. I know what was said in the phone call and it wasn't what they're claiming. Surely the burden is on them to prove that what I'm claiming isn't right, rather than me try and prove what I know was said? Maybe this is why they've removed the default as ultimately a court would rule in my favour?

So, default removed and the £26 wiped. Success! Is this everything I should be aiming for? Is there such a thing as a 'disputed' notice on a credit report, and will it show up as this? Is it a bad thing and should I continue fighting to have it removed? Is there any chance of me recouping the £125 in line rental I paid unsuspectingly if I was to take this to the small claims court like I have suggested?

Thanks again to everyone in this thread, I really appreciate the advice and help.

Once concluded, I'll be spreading the word about o2 and default notices. They can't be allowed this much power to screw people's credit files, especially when they don't even need to tell you they've done it.

Hi everyone

I'm in the process of resolving a similar dispute with o2, I had a contract with them from Dec 2005 to Dec 2006, and in Dec 2008 they added a default to my credit file dated aug 2007 for £12.00!! I phoned them and they told me the only outstanding amount they had on their files was £12.00 that they owed to me. Now I have to wait 30 days to even see if they remove the default from my file, but I will be taking it further if not. Watch this space!!

HI All

I have just discovered yesterday that O2 registered a default against me in april 2005, this was the first I have heard of it, I e-mailed their customer services who gave me a number to ring as they couldn't deal with it, they then passed me back to customer services who pulled up my detail by by address and DOB, so they can deal with your query without an account number!! (I have to say this time around their customer service was far better!)

I originally cancelled my contract by phone because I couldn't get them via their website as back then all it did was crash, it took forever for them to answer and when they did they put me on hold which I think was normal practise back then at £1.50 per min! and then backed it up via post, but suprise suprise they have no record of anything!! They have stated they contacted me a number of times via mail to advise me of my outstanding account. I have disputed this and they have given me an e-mail address to complain to which I have done and I have also requested copies of the letters and bills, but after reading these threads I am not sure if it is worth the struggle as a default stays on your record for 6 years, that leaves me another 2 years to be clear and after reading all these posts it could take that long and still get no where.

I think it is absolutely disgraceful that O2 can get away with this, surley there is someone we could complain to as a group - all with the similar issues. Major companies can only get away with this type of thing if we allow them to! Does anyone have any ideas?

Rather than emailing the senior management at O2 in the first instance I would suggest emailing the bods at these email addresses CreditFileReferrals AT o2.com insights AT o2.com (send to both addresses). When you phone the call centres they are not allowed to put you through to the credit file department as apparently they don't have a number for them! I received a response within in less than 5 working days and everything was resolved in 10 working days. Good luck.

FAO: ROB BARNES!!!!

Hello Rob,

I am also having major issues with a default o2 have put onto my credit file without informing me. There was a balance on my account, which I was not aware of and instead of sending me a letter or advising a default was going to be put on my file they just went ahead and put the default on. I never received any correspondence from them and funnily enough it seems likely they no longer have copies of the apparent letters that are alleging they sent to me?!.

Can you please e-mail me details regarding your issues and which chairman/director you wrote to? I am unable to get a mortgage/bank account because of this default.

Any help would be appreciated.

Many Thanks

Rocks

It's nice to see that i'm not the only one to have an issue with 02!

I moved home in July 2007 and had an outstanding bill to settle with 02. I didn't think I would be able to afford to pay the ball in full so I contacted 02's Customer Services Dept. I had a very friendly chat with a guy (he supported the same football team as me, as I remember!) and arranged for a final bill to be sent out (I was confused by the online bill), seeing as my contract was up and I wanted to cancel. I never received a bill.

I noticed last month when checking my credit report, as I do sometimes, that I had a default AND a CCJ from 02 for £273. I was obviously frustrated and angry about this seeing as they agreed to send out a final bill for me to settle; I received no bill and no notification of the default or CCJ. Just before I moved home, I changed my address on the 02 website so that they had up-to-date records and it clearly shows on my credit report that my new address was linked to the old one around the same time I moved, i.e. this proves that I changed my address at that point.

It defies belief to me that they can justify destroying my credit file when they failed to carry out something which they had agreed to. The fact of the matter is that they had my new address from July 2007 and issued the CCJ in March 2008, yet I received no information about it. They also AGREED to send me a final bill so I could setlle it; I obviously had the facility of paying this bill online, however I was unable to do this due to a lack of internet access at the time and had therefore requested the paper bill.

How can they justify doing this, when they actually broke their promise and failed to act as they had agreed?

I'm looking to apply for a mortgage within the next year so I need this to be resolved otherwise my dreams of owning a home will not be fulfilled for at least five years...

Wow, I can't believe I've suffered the wrath of O2 in silence all this time!!! I've been getting demands from CSL debt collections regarding an O2 account I had in 2006, I cancelled this contract in Sept 2007 after my 12 months was up, I paid the last direct debit and I never heard from O2 again. In November 2008 I received the first of many phonecalls from this CSL debt collection demanding I pay £286 I owe O2!! Now O2 had NEVER contacted me regarding this amount, I took the account out over the phone with O2 so had no way of checking an online account. I refused to pay CSL and contacted O2, who told me they were unable to speak to me because the debt had been passed to CSL!!!!!! Needless to say I was livid as I knew I owed O2 nothing!! Anyway, 6 weeks passed where I was phoned by CSL demanding money from me 4 and 5 times A DAY!! Still I refused to pay anything because I knew I owed them nothing. In January 2009 I received a letter from CSL saying I had 72 hours to phone and pay the full balance of the baliffs would be on my doorstep, so I phoned CSL and told them I would pay £20 at the minute but I would be speaking to CSA about this. I paid the £20 and was waiting for my appointment with CSA when it suddenly occured to me to check my credit report. I checked this and to my delight read that I owed O2 £0 and the credit was settled on 18/09/07 with NO defaults (which I knew anyway)!! I phoned both O2 and CSL and finally was refunded my £20 after being branded a liar by CSL (they refused to believe my credit report showed the balance as settled) and having to email them a copy of my credit report. When I was finally able to speak to O2 that day the nice man I got on the phone said that I had owed them £35 (monthly line rental, partly my fault as I cancelled the direct debit before the last payment was out) but that I had phoned and paid it when I noticed by mistake, however O2 pass the debt to CSL within 3 weeks, but basically that CSL had left the debt to accrue a years worth of interest (hence the £286) before chasing me for it!!!!

All sorted now though, but thankfully I'm in the clear, all thanks to my credit report, or I'd probably have gave in and paid the debt for fear of being taken to court.

Thanks Neil,

I did just receive a phone call to tell me that "someone is definitely looking in to this".

You're right, i dont actually have physical proof of payment however the fact that they recorded my account as settled for 28 consecutive months must count for something?

The numerous misallocation of payments and the multiple errors that customers experience means that they must have known they had these issues and they should have contacted me before issuing the default.

As much as i would love to sue o2 for direct losses, the reality is that i caught this before it could do any real damage to my credit agreements, only wasting my time and undue stress which i might be lucky to get £100 for! However if this is not sorted soon it will have a negative effect on my ability to get a mortgage and if that happens, i will go after them for everything i can.

Will keep you posted.

Thanks for your help

Oli

Hi Kel - Al

Yuor claim is similar to mine without unfortunately the proof that you paid.

My claim was worded as follows :

· The pursuer held a mobile phone under contract with Telefonica O2 UK Ltd. The contract was signed at Address, Address, which is within the jurisdiction of Address Adress Court. The mobile telephone number was 000000000. On 0^th Month 200X the defender received payment from the pursuer and cashed a cheque to the value of £XX.00 in respect of the mobile telephone credit account held with the pursuer. The defender misallocated the above funds and thereafter produced data that claimed that the above account had not been paid by the pursuer. The pursuer claims that the defenders contravened the terms of section 14 of the Data Protection Act 1998 whereby they failed to maintain accurate data in respect of the payment made by the pursuer in relation to the above mobile telephone account. The inaccurate data was disclosed to third parties including Credit Reference Agencies, Equifax and Experian. The distribution of this inaccurate data significantly damaged the pursuers long-standing excellent credit rating, causing the pursuer considerable distress and causing damage personally to the pursuer and to a small business operated by the pursuer whereby personal and business credit terms were, or could be, denied or offered on less favourable terms. In accordance with section 13 of the Data Protection Act 1998 the pursuer seeks liquidated damages in the amount of £X,000 along with interest on that sum of 8% annually from the date of service (together with the expenses of bringing the action).

· The pursuer further seeks an order requiring the defender to comply with section 14 of the Data Protection Act 1998 and directing them to rectify, erase, block or destroy all inaccurate data held in respect of the pursuers mobile telephone credit accounts and to notify all third parties to whom the data has been disclosed of the rectification, blocking erasure or destruction of the data.

They will stonewall you until you submit the summons. It appears to be a tactic they use in the hope that you'll go away.

My credit default was quietly removed from my file quite quickly after the action was raised.

Open an account with CreditExpert or Equifax to keep an eye on it. It's free for the 1st month. When you do , you can append a notice of correction to your file saying you disagree with the data and that you are pursuing legal action against the company who supplied it. Don't forget to close the account before the month is up or it'll cost you around £10 - 15 per month

The mobile company will probably do nothing about the summons itself until the very last day. They faxed the court on the last day with min,e indicating that they would defend the action. However, the very next day a very nice chap called to try and settle the claim. Their first offer is very low, so laugh at him and tell him it is derisory. Does he think you went to all this trouble for a paltry couple of hundred quid. Why, your time preparing the case has cost more than that. You are gutted, stressed etc etc at the offhand way you have been treated. Your reputation has suffered a massive blow - Credit crunch etc etc . You have been turned down for loans etc etc etc. Make it tough for him. Ask him to hang up and think about it for a while. You are quite prepared to go to court, as you are sure the judge will see it your way. It will cost them a grand or more in lawyers fees to defend your action, so tell him that. They are looking at the wrong side of £3-4 grand of they defend and lose

If he does as you tell him and goes away to think about it, some time later that day you'll get a call with a much improved offer. Tell him that you'll accept XYW (add at least 15-20% to his first offer ) You should hang out for a figure with at least three zeros.

Best of luck and don't give up.

Regards

Neil

Kal-el,

Your case seems quite similar to my own, with the exception that you do not appear to have any proof of payment. This would be helpful. I was able to send a copy of the cheque although, strangely, that was not enough for them to remove the default. They still insisted that the default would stand. They appear to hold out until you actually lodge the summons in court. I think they bank on most people giving up and going away. My default was removed fairly quickly after the summons was delivered, but I received no communication from them that they had done so. Open a free account with Credit Expert or Equifax to keep an eye on your credit file. Only the 1st month is free so be careful to close it down as soon as your finished with it. While your account is open you can append a notice to your file saying that you disagree with the data and that you are suing the provider. They will have some info on theirt site on how to do this.

If O2 remove the default it's a sign of admission that they are in the wrong. Why else would they remove it.

As well as submitting a small claim I also complained to the Information Commissioners Office. I felt this might show O2 that I was serious. You will find a complaint form on the ICO website. By the time the ICO had replied to my complaint the case was settled. For this reason you may consider missing out this step, although it may help in the unlikely event that they appear to defend the case. Don't be put off if they make no contact after the summons is sent. I think it is a tactic that they use in the hope that you will capitulate. DON'T phone them after you lodge the summons, it will give the impression that you are nervous.

They didn't respond to my summons until the very last day, when they faxed the court to indicate that they would defend the action. The very next day a very nice chap phoned to try and settle. Be tough. The first offer is very low. Laugh at him and tell him that you wouldn't have bothered submitting a claim to settle for such a derisory offer. Tell him how upset you are and what damage the default has done to your impeccable reputation. Perhaps you have been turned down for loans. You might tell him that you are happy to let the judge decide as he might find the damage caused to be worth substantially more than their offer. I can't tell you how much I received but I would hang around until there is around three zeros after the figure

This is how I worded my small claim

The pursuer held a mobile phone under contract with Telefonica O2 UK Ltd. The contract was signed at ADDRESS ADDRESS ADDRESS which is within the jurisdiction of XXXX Court. The mobile telephone number was 000000000. On xx January 200X the defender received payment from the pursuer and cashed a cheque to the value of £XXX in respect of the mobile telephone credit account held with the pursuer. The defender misallocated the above funds and thereafter produced data that claimed that the above account had not been paid by the pursuer. The pursuer claims that the defenders contravened the terms of section 14 of the Data Protection Act 1998 whereby they failed to maintain accurate data in respect of the payment made by the pursuer in relation to the above mobile telephone account. The inaccurate data was disclosed to third parties including Credit Reference Agencies, Equifax and Experian. The distribution of this inaccurate data significantly damaged the pursuers long-standing excellent credit rating, causing the pursuer considerable distress and causing damage personally to the pursuer and to a small business operated by the pursuer whereby personal and business credit terms were, or could be, denied or offered on less favourable terms. In accordance with section 13 of the Data Protection Act 1998 the pursuer seeks liquidated damages in the amount of £x,000 along with interest on that sum of 8% annually from the date of service (together with the expenses of bringing the action).

The pursuer further seeks an order requiring the defender to comply with section 14 of the Data Protection Act 1998 and directing them to rectify, erase, block or destroy all inaccurate data held in respect of the pursuers mobile telephone credit accounts and to notify all third parties to whom the d ata has been disclosed of the rectification, blocking erasure or destruction of the data.

Best of luck and don't give up.

regards

Neil