Credit file dispute with O2

[kverifi]

Hi Guys.

First post, i've been searching for answer but with no avail; can someone help?

I have disputed a 'Defaulted' credit account with O2 and have asked them to substantiate this data with: a) copy of signed agreement b) proof of sent 'Notice ect..

They have wrote to me asking to send them a copy of my credit file so they can ''look into it'', is it my obligation to forward these documents to them?

Cheers

Kverifi

[pt2537]

No not at all. they provide the data that credit reference agencies hold so they have the data. if it is a default from a mobile phone contract then i think you will have difficulty in getting it removed as mobile phone contracts are not subject to the CCA 1974 (IMHO)

regards
paul

[lorn250]

Kverifi
I had the same problem with Vodafone, it is very difficult to get anywhere with these mobile people. In the end I rang the Data Information Office and lodged a complaint. They have given me a case number and I am waiting for them to investigate. Whatever you do don't give up. The Data Commissioner office told me that mobile phone companies are always doing this.

Good luck

Lorn250

[kverifi]

Cheers lorn250 & pt2537 for ur input, I'll write a complaint to Information Commissioners Office and keep you updated on the progress (if any).

Thanks again.

Kverifi

[buzby]

Was it an online application, or did you visit an O2 shop? Since you are aware of the company, how long have you had the phone/contract, and what went wrong?

[Janet-M]

I had the same problem with a mobile phone company . I knew the information they had given the CRA was incorrect and my one phone call to them proved a waste of time so I sent the a S.A.R - (Subject Access Request) .. before they even complied with it they said they would add a correction I refused this and insisted that they get the information completley removed , so they did .

So my advice would be if you know what they have informed CRA is incorrect make sure you have a copy then Subject Access Request them. When you have the proof infront of you then you are in a much better position to take this further.

[kverifi]

The 'Default' bill was on my credit file from 2002. As like everyone i must have had tons of mobile phones, most on contract. But, this bill i do not recognise as mine. So i wrote S.A.R to O2 to ask them to substantiate this data.

1 week later - I got a letter stating for me to contact them with an account number mobile phone number etc (which i do not have).. So i sent them an additional letter stating them to provide me with evidence of contract and the default notification.

2 weeks later, they still can not provide me with anything till i give them a copy of my credit file.

I'm reluctant to send any data (especially my credit file) to them.

I have now wrote to the Information Commissioners Office explaining the situation to them. Just a waiting game now.

[kverifi]

Just had letter from Information Commissioners Office, basically they can't do much but will overlook the situation. O2 still hasn't substantiated the data and have keeled to sending them the relevant parts of my credit file. Hopefully now i might see some results.

Just a quick question, can companies just reject data protection statutory notices under sections 10 & 12 under the law of contract?
-want to know more before i pursue this route....

Cheers

[2Grumpy]

This should be a lot more clear cut compared with people who are trying to get the default removed after no CCA being produced - O2 should have all the information & a Subject Access Request should produce it.
If they don't have details they should remove it, especially in a case when you are claiming that it is their error
I would be inclined to give them as much information about the default on your file as possible - date, reference number, amount etc

[2Grumpy]

Originally Posted by Janet-M

I had the same problem with a mobile phone company . I knew the information they had given the CRA was incorrect and my one phone call to them proved a waste of time so I sent the a S.A.R - (Subject Access Request) .. before they even complied with it they said they would add a correction I refused this and insisted that they get the information completley removed , so they did .

So my advice would be if you know what they have informed CRA is incorrect make sure you have a copy then S.A.R - (Subject Access Request) them. When you have the proof infront of you then you are in a much better position to take this further.

Janet-M

Was the Subject Access Request request that solved the issue a full £10 request or the £2 credit report?

Grumpy