re:o2 defaulted me over a stolen phone

[slimliz30]

hi all,on 31/07/2004 someone used my name and address and ordered a mobile phone from o2 via the internet....they chased me saying that i ordered it and had to pay for it.....did i heck.....after about 10 phone calls to them they said they will look into it for a fraud....i never heard from them again...thought case closed......how stupid of me......i recd a credit report from experian today and when going through it i have noticed that they have defaulted me for £70.00 on the 31/07/2004......i recd nothing from o2 saying this and i am not a very happy person as i was not aware of this....any advise please will be extremely welcome...any phone no's etc as quite hard to find and get hold off....cheers all and keep up the good work....paul

Oh dear!

Okay write to O2 saying that you will take court action if they do not rectify the default on your credit file, advise them that they accepted it was fraud in 2004, and you are disgusted that through no fault of your own, you will have a bad mark against your name.

Heres some details on them....

The Data Controller

O2 (UK) Limited
260 Bath Road
Slough
Berkshire
SL1 4DX


If they wont help, report to ofcom, also threaten this in the 1st letter.

here you go...


http://www.ofcom.org.uk/complain/

[slimliz30]

hi lueeze,thank for the quick response will do this 1st thing in the morning...and thanks for the ofcam link.cheers paul

No probs, luckily I used to work for Vodafone!

[alanfromderby]

I would also threaten them with a court action for damages under section 10 Data Protection Act.

[slimliz30]

thank you and good luck with the woolwich Data Protection Act.. recd all of my charges back yesterday from them over £1,000......donation sent for the good work this site does...cheers paul

[slimliz30]

that is a great idea alan thank you and will include it.......paul

[StoneLaughter]

Before ANYONE enters a "Default Notice" on your credit reference file, they MUST send you a "Notice of Default" letter, BY LAW.

[slimliz30]

hi , had 7 emails between me and them and finally they have found out about this account....they are saying not sure if they can remove the default..also phoned them and they said there fraud dept will contact me...2 days ago but no phone call....does anyone have any templates that i can use to send to them....thanks paul

[MrMatteh]

Originally Posted by StoneLaughter

Before ANYONE enters a "Default Notice" on your credit reference file, they MUST send you a "Notice of Default" letter, BY LAW.

Ive been told by Orange that the credit file entry shows that I defaulted on the account, and is not an indication of a notice of default being sent out. Its just a reference to the account history. I *never* received a notice of default, and Im currently still trying to find out about this.

Any clues?

Can you start your own thread please as this is another users.

Thanks

Lou x

[seylectric]

O2 are usually fairly amicable at sorting out this sort of thing in my experience. If you want to PM me I can give you a landline number to customer services head office, they are usually very helpful.

Don't accept that they can't remove the default - of course they can, and they know it! Accept nothing less and get everything in writing. Send them letters by at least recorded delivery and ask them to acknowledge receipt within 7 days in writing.

[JonCris]

Originally Posted by MrMatteh

Ive been told by Orange that the credit file entry shows that I defaulted on the account, and is not an indication of a notice of default being sent out. Its just a reference to the account history. I *never* received a notice of default, and Im currently still trying to find out about this.

Any clues?

You need to go higher up the food chain so send a letter to their data contoller headed in bold "Notice of Intended Proceedings" Reiterate your story not forgetting to ask them do they really need anymore bad publicity about their readiness to give honest folk a bad name. There was a lot of publicity a couple of years ago about just this sort of thing.

Give them 14-21 days to respond otherwise you will issue proceeding for defamation. You also need to find out if you have suffered as a direct result of this. For example have you taken out any loans & had to pay an enhanced rate of interest. If so & you can get your lender to confirm then you are entitled to claim that increased cost as part of any special damages.

Remember the difference in charges over the a couple of years could be quite considerable. Also if any loan is ongoing you should include those extra as yet unpaid charges as part of your damages claim

Also write to the credit reference agency telling them that you dispute the record & they will remove it whilst they ask O2 to confirm the information is correct. They will also contact every company who has searched your credit file since its inclusion to explain that the default is disputed

[slimliz30]

hi all,thanks for the advise..still awaiting some news from o2 and will keep you updated...thanks all...paul

[sohoscribbler]

Have you been refused credit that you really needed because of this default? If so, you would have probably further grounds for damages.

[sequenci]

Originally Posted by Lueeze

No probs, luckily I used to work for Vodafone!

you and me both hahaha!

[slimliz30]

hi all.o2 have removed the default.....well done to them..thanks for all your advice peeps.....paul