Thread: O2 Default

Ok so some history, I had an 18 month contract with o2 that I started in 2005, I paid this every month without fail until June/July 2006 when I ran up two large phone bills around £400 worth. I paid the June bill late but was unable to pay the July one, this led to them adding on the rest of my line rental to the outstanding debt which added up to around £900. They then outsourced my debt to moorcroft debt collection agency who I arranged a payment plan with. I kept up regular payments but they kept adding late payments to my credit file,even though I was paying the amount off. I also argued the point that I thought they were meant to put a limit on the amount you could spend in a month so that you don't go over it, there was no point that they called saying you have gone over your £100 call limit.

I wrote to O2 in June 2007 stating that I felt it was unfair that they were not updating my credit report correctly and although the amount outstanding was being reduced with each payment I made they were still saying I was paying late payment. I received a general response and not knowing any better just left it. It eventually led to them putting a default on my account.

The part that has really irrated me though is that when I agreed my payment plan with moorcroft I asked that if I paid off the debt would the default be removed, I was told it would be. I repeatedly asked this and was told it would. When I made my final payment I also asked the same question and was told it would. Funnily enough after the debt was paid I waited a couple of months and it still had not been removed. I called Moorcroft and spoke to someone who said that they do not remove defaults and that they are on there for 6 years. I explained that I had been reassured that it would be removed when it was settled in full but he said that the person who told me this was mistaken.

Whilst I was paying it off I recieved a call from moorcroft stating that if I paid off a couple of hundred pounds that O2 would reconnect my phone as they were doing an offer for certain customers who had missed payments, I explained that I did not have that money at the time.

The default listed also states that I defaulted in June 2007 a year after the initial missed payments.

Anyway after settling the account even with a default I thought there was nothing I could do about it. So have just left it but everytime I look at my report it still incences me.

So last year i wanted to get a new phone so applied for a 18month contract with O2 and guess what they gave it to me!!!!!

This means that I have 2 entries for O2 on my report one for the satisfied account with the default and one for my current which is all paid on time in full every month.

So my question is can I get this default removed based on any of the above. I am tempted to write to O2 stating that Moorcroft told me that this would be removed on more than one occasion but I am worried that I have left this too late?

Any help would be most appreciated as I am at a point where I'm starting to look at buying a house but know that this will affect it.

I also have a silmilar issue with T Mobile but am posting that on a different thread as it is slightly different.

Thanks!

have a look at my thread
How long after disconnection can default be applied?

there is a discrepancy over whether they have to comply with the ICO guidance that states a default should be applied no longer than 6 mnths after default as they means in your case they are affecting your credit file for 1 year before issuing default then 6 years after. This is unfair if you ask me.

Start reading up and write to them telling them they have breached DPA and ICO guidance and you will take further action if they do not remove it and see how you get on. Might be worth throwing in that you will be cancelling your current account with them asap if not.

Think there are misunderstandings here - whilst you talk of 'default removal' when you pay it off the default status changes from outstanding to 'satisfied', this will be the extent to which ant DCA will act. The default is no longer shown as such - but you expected it to disappear (or expunged) this has to be done with o2, and you need to have them to agree to this, as only they have the power to change it - or the CRA if it is found to be inaccurate.

I have to say, after treating you this way, I find it incredible you went back to them for more. They could argue that you're not really bothered about it as you applied and received yet another contract.

As for the ICO treating mobile defaults the same as CCA regulated accounts, only a wide interpretation of the ICO regulations would lead to this conclusion, and whilst there's nothing wrong in trying to assert this position, there's no guarantee the ICO will uphold a complaint on that basis.

Thank you for your response. At the time I did not realise that the DCA was unable to remove the default as I expressly asked them if this would removed from my report not marked satisified and they had said, yes. If I had known that they were unable to do this then I would have gone back to o2.

As for taking out a new contract with them, the area in which I used to live (I moved in January) would only get signal with O2 which is why I took out the contract with them. I used to be on my ex boyfirends O2 account prior to that. I have always been with O2, whether it be pay as you go or contract. I have only messed up this once.

Looking at both comments made I will try and write to them and see if it has any affect, finger crossed!

I would also appreicate if you could give advice on my other post, as I said slightly different but still wanting the same outcome. Thanks

http://www.consumeractiongroup.co.uk...ty-record.html