If you have not paid anything towards the alleged debt or admitted to owing the debt for 6 years, then the debt will be statute barred under the limitations act. This means that they cannot legally enforce the debt and it is voluntary on your part whether you choose to repay. Also as far as I know, if the debt is disputed, it was up to 02 to ensure that the proper complaints process was followed, with reference to the relevant ombudsman if you wanted to do this. The debt should no longer appear on any credit record.

If you have received a letter from a debt collection agency, send the following letter and include a paragraph saying that the 02 bill was disputed at the time, for which 02 should have records. Once you have sent the letter they should leave you alone, Keep a copy of the letter, just in case you are chased again.

You have contacted me regarding the account with the above reference number, which you claim is owed.

I would point out that under the limitations 1980 Section 5 "an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

I would also point out that the OFT say under their debt collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from us in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against us to recover the alleged amount claimed.

The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to CPUTR2008

I await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

I look forward to your reply.

Hello there;

I had a similar problem with O2 regarding a SIM only monthly rolling contract that I took out about 2 years ago. I have never received the SIM card from them so I have cancelled within the 14 days cooling off period required by law.

So heard nothing from them until about 12 months after saying that I owe them £129 for the 12 months that I was with them. I couldn't believe it so went straight on the phone and they told me that although I didn't receive the SIM card I was still liable to paying the debt. Told the girl on the phone that I did cancel within the 14 days cooling off period, so she said she will sort it out favourably soon.
Next thing I know I get a letter from a collection agency that they bought the so called debt and they demanded the money. So I wrote to them explaining and no joy. So contacted the financial ombudsman and put in a formal complain to the and 8 weeks later I got what I wanted. Debt been cancelled and an apology letter from both the debt company and O2 .
So my advice, is get straight on the phone to the financial ombudsman and complain to them, and believe me, you would win if them charges are not incurred by you and O2 can't provide itemised bill to support their claim that you have incurred them charges.
Good Luck

HI There all,

This is my first post so please point me in the right direction if i'm in the wrong forum :)

Many years ago ( approx 2002 ) I took out a mobile phone contract with O2 for the first year everything was great. I had a price plan of approx £35 per month and other than once it never went more than £15 over my line rental.

After the year was up I renewed my contact with them, new phone etc on the same price plan again first 2-3 months all fine the BAM!!!!!!!!!! I got a bill for £298! and nearly fell off my chair. So I called O2 and told them my concerns and that there must be a mistake, she check and said it was correct and so the problems begin so after an hour on the phone I said to them " look at my bills for the last year and tell me where I have been excesively over my useage" so she did and she evan said I have never been this much or evan close over. She then said all she could do is to see if my sim card " had been cloned " ??? and I said but if it has been cloned then it is still going to show the bill was run up on my account would it not? and they said yes, So with that pointless idea blown out of the water back we get to trying to sort :(

I offered as a good will gesture that i would pay £150 just to get it sorted and got told No. So I refused and said you will get nothing.

So account gets passed to a number of different debt collection agancies to which i politely them them the same and still nothing. I asked them to provide every bill since the first contact was taken out to show that I always excided my limit and so I finally recived 2 sheets of A4 that showed only a couple of months bills?? So I called and said this shows nothing and they replyed thats was O2 sent us and thats it you still owe this money. So again I told them to JOG ON!

So as you can see this has been going on nearly 10 years and there still not leaving me alone and was just hoping someone could point me in the right direction in to getting them off my back other then paying the £298??

Many thanks in advance

Charlie PS sorry for the poor grammer lol