To cut a long story short, I cancelled my contract with O2 by phoning up in January 2006.
For some reason I kept receiving bills and in the end they past it to a DCA who attended the wrong address. After many letter and complaints it finally got to the complaint review executive who admitted it was an error in their part for continuing the contract and cancelled on all charges.
It wasnt until I recently got a copy of my credit file that i noticed late payments showing as follows -
July 2006 - 1
August 2006 - 2
September 2006 - 1
October 2006 - 2
November 2006 - 3
I contacted O2 and asked how many late payments I made, and they said on their system the only late payement I made (by a few days!) was October 2006. Im currently back in touch with the complaint review executive who is going to look into it.
I disputed this information with Equifax who continued to state they had contacted O2 and that it was correct. I then sent them the following -
Quote:
Although the reply may be considered adequate for the purpose of a Dispute I would like to point out the view of the Information Commissioners Office.
"Credit reference agencies potentially have a defence against action through the courts by individuals who successfully challenge the accuracy of data received from a lender. However, this defence is only available if the agency takes reasonable steps to make sure the data is accurate and, as soon as they become aware of the challenge, takes steps to mark the file accordingly. Records where the accuracy is challenged can be marked as ‘under query’. This marker alone is unlikely to be sufficient to provide protection against claims, including those for compensation.
Agencies should therefore ask the lender to substantiate the disputed information within a reasonable time frame, for example, 28 days, and, if the lender is unable to substantiate the disputed information in that time, should suppress the information from the file."
Simply stating O2 have confirmed this information is correct has not substantiated my complaint.
I request a notice of dipsute be placed back on the account until this matter is resolved.
I have attatched a letter from O2 received last year advising that charges were added to the account incorrectly. It is for these amounts in which O2 have admitted it was an error, that the late payment markers were placed.
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This is their reply -
Quote:
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The credit file loading of this account is accurate. We do put accounts in query- only if requested at the time of any billing issues, if requested by the customer. We can not do this however over a year later.
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I have since disputed their reply with the Information Commissioners Office who said it was incorrect. You can dispute any information held regardless of time frame.
Today I received a telephone call from the complaint review manager who dealt with my original complaint back in 2006 which related to O2 continuing my contract even though I had phoned up to cancel it. In the end I received a written apology stating it was their error.
Today the call was in relation to my dispute over the late payment markers which he said were all correct.
When I mentioned that I phoned up O2 and was advised I only had one late payment back in October and these related to the O2 error he stated "You were very lucky you didnt get a default due to the amount of late payment markers. I can adjust the dates, but as our systems are automatic it might add a default onto your account"
Not knowing what to say I told him to leave it and I would look into it. Ive since spoken to my partner who said they wouldnt be able to add a default onto a settled account that was closed over two years ago. Also if he said he could adjust the dates, surly that means they must be incorrect.
Ive also found a copy of my credit report that I ordered by post dated 28/06/2006. Its showing as the last entries for O2 being "121". Bear in mind this account was settled and closed in January 2006, since then they have added a further "2+3" late markers. Last update is showing as August 2006.
Something really dosent add up here because -
1 - O2 customer services say only one late payment in October 2005
2 - Credit report dated 28/06/06 shows "121" late payment markers
3 - Credit report dated January 2007 shows late payment markers "12123" - even though account was closed in January 2006
4 - Complaints manager said he could adjust dates, but it may give me a default, implying the dates are wrong
5 - I believe this is all due to O2 continuing my contract even though I had cancelled. Letter received dated July 2006 advising it was their error.
I think this maybe some sort of cover up - they have messed up and dont want to admit it. I think my only option at this stage is to do a full Subject Access Request and see what they hold.
O2 late payment markers 
