I have just come across this thread and it makes interesting reading.

I have been in dispute with o2 for over a year now trying to get a default removed. I spent three months between June & August 2006 emailing o2 but just kept hitting brick walls.I have had the usual reply of  "With regards to providing notification of a potential default, O2 aren't obliged to do so as our customer agreement doesn't fall within the Consumer Credit Act (1974)." What is confusing me, if this is the case, why are they reporting to  CREDIT Reference Agencies and registering defaults in the first place.

There must be some legislation in place to protect the consumers against this. A default registered against a person has as much a detrimental effect on that persons life as a CCJ.

I gave up on my effort to have the default removed a while ago now after hitting brick walls. After reading here though i am inclined to have another go.

T-Mobile Default :( 

 Can anyone help ???

I too had also given up the hope of ever getting my t-mobile default cleared until i came accross this site yestaday.

Last year i queried my old account with them since there was a default registered and i had never recieved a notice to advise me of the pending default.

 

When i asked them to supply a copy of the original notice all they supplied was a template for one and they explained that since a notice like the one enclosed was sent they couldnt remoce the default.

 After seeing this site i have checked my credit report again and it seems that when they issued this so called notice on my file the amount in default includes so late fees.

Now i was on the understanding that if they issue a default late fees/charges for disconnection cannot be included in the default amount.

 is this correct ??

 Also i know the mobile phone companies fall somewhat short of the CCA 1974. Does anyone know what act they would come under and if so what is it.

 

Many thanks for your help

 

Kind Regards

Dera.

these people are not interested weather it was £8 or £800 they look at the fact that you defaulted on your payment. they would just repeat as it was an on-line account you should have checked it, as you stated it was your fault for not paying the bill.!  it might be worth trying to explain but normally the word "circumstances" does not exist in their mind.luck..i have just noticed this has been going on since oct.06 ?  what was the outcome ?

 

 

 

 

 

 

 

 

Hi

Addressed to all those who have had problems with clearing unjust payment information.

 You need to decide how much such information is actually costing you.  This should include increased lending costs etc.  Keep any failed credit applications - get a credit score from experian etc (who will also give you the address of the people who have given the bad credit rating).  Don't know if they can do it, but see if they can supply a rating ignoring the bad reference.

Once you have decided that the amount is about, say, £120, which it can easily be above this.  You should consider getting a county court case raised against the company.  You do not need a solicitor to do this so your cost should only be the cost of the paperwork, and the cost of attending should it get that far.

Remember that your lenders owe you a duy of care, I would argue as part of the legal agreement you had/have even if not explicity written in the agreement; and also you can claim under the law of 'tort' - i.e. when there is no legal agreement when a 3rd party causes you harm (the duty of care comes in here as well - to claim a duty of care is owed, that duty will not have been taken, and you will have suffered loss as a result).

Write to the company explaining that as you have been unable to resolve this matter amicably, and it is costing you money, then you are taking this matter to the county court.  Give them the option of deciding to settle without this action being taken.  Even send them the paperwork you are planning to lodge with the county court (if is only on lodgement that you pay your money).  Above all include a date that you expect to hear from them before you do sent the paperwork in.  I would suggest 4 weeks as this is the usual legal time frame that replies are expected within.

If it is still not resolved amicably, then send in the paperwork and fees to your county court.  Keep the lender informed all the way along - keep giving them the option to settle out of court albeit with them paying the fee.

Good luck - remember that whatever happens you will probably lose the fee, not all costs are awared even if judgment is made in your favour.

What you cannot do is sit patiently waiting for the lender to sort the matter out.  You will need to escalate it.

I pulled my husband's Credit Report and he has a default form O2 for £479.00 from 2004. I would like to contact them but we don't have an account number or the phone  phone number used. Do you have a address for default accounts ? Over the phone they are not very helpful !

Hi

 Not sure where you got the credit details from, but that source should also be able to tell you where they got their information from (ie the payments part of O2).  I pay yearly to get information from Experian and they appear to have all the sources of the information on my credit statement.

So ... go back to the source of your credit reference file!

Good luck

We  got his credit report online today from Equifaxfor £9.98  . And all we can see on this default account  is Last four digits of an account number with O2 , Current balance,  Account Type / Company Name/ Year defaulted/ Delinquent Amount. There is no contact phone number for a collection agency , no address . I called O2 to asked them to provide us with some information ( transactions on this account) and they said that they are not allowed to  pull account information only with the customer's name ( they need an account number ) and we don't have that. I thought that maybe somebody has an address where i can direct our letters or shall we do it over the e-mail. I want to settle this matter . Any information that will help us will be greatly appreciated. Thank you

 

Contact Equifax - they will know which department/address of O2 they get their information from.  And they should tell you.

Oh dear! Looks like I am having the same problems. I've been refused for mobile phone contracts with TMobile and Three and on checking my report with Equifax I have discovered that this due to o2 putting a default on my record even though I cancelled my account with them and owed no further money. I have logged into my old o2 account and there is no outstanding amount but my credit report says I owe £23! Bizarre. Will contact o2 now, am hoping that due to Guardian's publicity they move quickly.

please help, i dont know what to... at my wits end!!!!!!

received my equifax credit report last week and it appears O2 have defaulted an account for £10 which should have never been there.

I ordered a contract phone from O2 in SEPTEMBER 2003 online (cost about £100) for the phone itself. i never received the phone so i contacted O2 to tell them so they refunded the money back into my bank account (can get a statement if needed)... anyway,  wasnt happy with their service so went on vodafone and thought nothing more of it. for a few months afterwards i kept receiving emails from O2 sayin i owed them various amounts of money (sometimes in the hundreds), contacted O2 again and they said it was a mistake on their side, the emails stopped and again thought nothing more of it until i get my equifax credit report last week.... and what do i see??? A default from O2 for £10 in DECEMBER 2003.

 

I emailed equifax explaining the situation as soon as I could so they could investigate it as didnt have any O2 contact details, equifax responded back saying this..........

-- the customer needs to contact o2 customer care on 0870 220 3299 to resolve the outstanding query regarding the returned handset and cancelled contract. they will arrange a credit to clear the balance and then the credit file can be updated.

and this.......

 

Thank you for your recent correspondence.

The Client concerned has investigated the accuracy of the information and has asked that you contact their Customer Care Team directly on 0870 220 3299. As our client has not given permission to amend this information it remains unchanged on your credit file.
Please note that the Notice of Dispute previously loaded to your credit file has been removed

 

So i phoned O2 on that number today, and tried to explain the situation, but as soon as i mentioned equifax they put me on hold for 10 minutes, god knows why but they were quite rude with me afterewards and throughout the phone call, he asked for my name, address, postcode, date of birth, O2 account number (Equifax found out the account number for me) and then they ask for the password, i havent got a password, this was from over 4 years ago according to the credit report i told him, he just kept saying password, password, PASSWORD...

 how can i have a password if i never recieved the phone to register it, so theres no password, SO THE ACCOUNT SHOULDNT HAVE BEEN MADE ACTIVE UNTIL I RECEIVED THE PHONE/REGISTERED IT, they would not listen, this went on for 20 minutes or so until i got through to the manager and all he could say is that we cannot help you unless you have a password, then they hung up.

What do i do now??? the default should never of been put there, its been there 4 years now.... supose to be moving out for the 1st time within a month or so which is why i got the credit report, because landlords use it to see if im a good payer, my credit report is perfect apart from this default and if a landlord or letting agent sees that default then i dont stand a chance

can anyone help me, its pretty stressful

Thanks

 

I think for £10 we should just pay the money and argue the toss afterwards.

Send in a cheque to O2 for £10 stating that it is a gesture of goodwill in order to resolve the matter as quickly as possible.  You should have already got some account details from experian that you can put in your letter.  Ask that as you are paying the £10 you request that your account details are updated to the various credit reference agencies and that you wish them to confirm that they will do this.  As with all such letters ensure that you send it by a traceable service so that you can confrm that they have received it.

When you cheque has been cashed; they contact experian.  Re-explain the position saying that you still dispute the £10 debt but that you have sent in £10 to clear the debt and have requested that o2 clear the account.  However you wish that experian note that you are a) still disupting the amount, and that they note you have in any case clear the debt.

Hopefully your credit reference file will be updated.  When this has happened, if you are stil upset by all this, you should get back with o2 by letter (recorded etc. delivery) stating that you are deeply upset by all that has gone on and that are considering redress though the legal system unless you do get some kind of apology from o2 and repayment of your money.  If this has caused you trouble getting credit etc., then you should state that this has happened and that you will be seeking redress for this matter as you feel that o2 has owed you a duty of care that they have neglected to provide.

As I always advise in these matters, speak as uncontroversial as possible.  State the undisputed facts.  Do not state anything that can divert from the main argument or that can be disputed by o2.  State a date that you want to hear from them by.  If you do threaten anytthing then by prepared to follow it up.  You can claim through the county court system on line for a failrly modest amount quite cheaply and it may make you feel better it you do do this!

Good luck.

I too have had recent dealings with o2 (via contract taken at a o2 shop) - they wrote to me/rang me in 2005 - i do not quite remember - possibly both - and advised me my dd had not been taken for 2 months - i therefore owed them for last months bill and this months bill together :S totalling £144.33

I requested could i pay in 3 monthly installments as i was only working 10 hours per week. they agreed....

 I paid the first and second installments of £50- but then needed to know how much the 3rd was to be for... as i could not remember - o2 customer service advised me it was not showing i owed anything!

I then wrote to them to request the amount - no reply, i called again - no trace.

to my error - i presumed that as i owed them money - they would be intouch! How wrong was i????

A year later - 2006 i applied for my first credit card and was rejected - my parents suggested i got my credit file which i did - i was amazed to see a default for 41.33 from o2!

They could manage to contact experian - but not me??? How rude!

 

I again went through the process of ringing/.writing to pay the amount - but was told repeatedly there was no trace of anything owed! I finally wrote to them again - and requested on the grounds that customer service said i did not have record of owing anything could they adjust their records.... as i had to pay for each credit file - i waited 6months before requesting another credit file from experian

 I received it June 2007 - still showing default to o2!

ANGRY! I called o2 - and was again told no record of me owing anything! GRRRRRR!

After ringing daily - i eventually got through to what must be the only intellegant advisor at o2 - who found the 41.33 outstanding and allowed me to pay it!

I am now faced with the default still - but feel as o2 failed to infomr me of the amount due for over 2 years! they should remove it?

I was not sure how to proceed - but after reading this full thread i have filled in the watch dog form - and am in the proces of writing them a firmly worded letter!

Could anyone perhaps suggest how i might phrase the main points of the above situation to be more effective?

Thanks

 

Vicky

BTW - have any more of you managed to get default removed?

bertie

Paying the £10 will show on the O2 record file as a 'settled' default and the default flag will stay. Settling a default hardly makes any difference to a credit score because it is the fact that a default was entered at all which will put off lenders.

The O2 file should not be there  and he does not owe £10. There are consumer action groups which will advise further.

Thanks for the info.  I have no personal experience of settling bills late but I am surprised that I setttled bill has as much influence of one that was paid but paid late.  I would still be tempted to pay the money explaining in the letter that you (the person who rasied the issue) do not believe you owe the money and/or can be blamed for the later payment of the bill as you had not been informed.  Then add a comment against your credit fiile explaining that you were unaware of the debt but have now settled it as a guesture of goodwill.  Finally seek the suggested advice to remove the adverse credit reference.

Note: Case study request expired. Post removed.

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Cheers,
Graeme Delap, Community Editor,
graeme.delap@moneysupermarket.com

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